Loading...
HomeMy WebLinkAboutZA2017-006 - TENTATIVE PARCEL MAP - 1602 Coast Hwy E and 10 Clubhouse Dr RESOLUTION NO. ZA2017-006 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP NO. NP2016-013, SUBDIVIVIDING LAND FOR FINANCING AND CONVEYANCE PURPOSES LOCATED AT 1602 EAST COAST HIGHWAY AND 10 CLUBHOUSE DRIVE (PA2016-124) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Land Strategies, LLC on behalf of Golf Realty Fund - Managing Owner, with respect to property located at 1602 East Coast Highway and 10 Clubhouse Drive, and legally described as Parcels 1 and 2 of Parcel Map 94-102, requesting approval of a tentative parcel map for financing and conveyance purposes. 2. The tentative parcel map application to consolidate 11 parcels (Lots 1 through 7 and Lots A through D) of Vesting Tentative Tract Map No. NT2005-003 (County No. TTM15347) into four parcels for future financing and conveyance purposes. No development or improvements are proposed as a part of this application. Vesting Tentative Tract Map No. NT2005-003 was approved by the City Council on January 24, 2012, for the development on the subject property (Tennis Club Site of Newport Beach Country Club) which consists of twenty-seven (27) hotel units with a 2,170 square-foot concierge and guest meeting facility, five (5) single-unit residential dwellings, a 3,725 square-foot tennis clubhouse and 7,490 square-foot spa/fitness center and one lighted stadium-center tennis court. 3. The subject property is currently improved with 24 tennis courts, a 3,725 square-foot tennis clubhouse, and 125 surface parking spaces. No development or improvements are proposed as part of this application. 4. The subject property is located within the PC-47 (Newport Beach Country Club Planned Community) Zoning District and the General Plan Land Use Element category is MU- H3/PR (Mixed Use Horizontal/Parks and Recreation). 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is MU-H3/PR (Mixed Use Horizontal/Parks and Recreation). A coastal development permit application was submitted and a notice of intent was issued by the Coastal Commission in 2013. This notice however has expired. The applicant is currently working with Coastal Commission staff for re-approval of the notice of intent and ultimately issuance of the coastal development permit. 6. A public hearing was held on January 26, 2017, in the Corona del Mar Conference Room (Bay E-1 st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. Zoning Administrator Resolution No. ZA2017-006 Page 2 of 8 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. All significant environmental concerns for the proposed project have been addressed in the previously adopted Mitigated Negative Declaration No. ND2010-008, and the City of Newport Beach intends to use said document for the above noted project. Furthermore, there are no additional reasonable mitigation measures that should be considered in conjunction with said project. Copies of the Mitigated Negative Declaration and supporting documents are available for public review and inspection at the Planning Division or at the City of Newport Beach website at www.newportbeachca.gov/cegadocuments. SECTION 3. REQUIRED FINDINGS. The Zoning Administrator determined in this case that the proposed tentative parcel map is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and is approved based on the following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps) of Title 19: Finding: A. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: A-1. The property has a General Plan designation of Mixed-Use Horizontal/Parks and Recreation (MU-H3/PR), and the property is part of the 145-acre Newport Beach Country Club Planned Community District (PC-47) which has been adopted to regulate development within the subject property and the Golf Club Site. The approval of PC-47 is in conformance with the General Plan designation pursuant to City Council Ordinance No. 2012-2. A-2. The proposed tentative parcel map will create four legal parcels to be conveyed to merchant builders for the future development on the subject property. A-3. No development or improvements are proposed with the proposed tentative parcel map. Any improvements will require future application submittals and approvals. Prior to development of the site pursuant to the PC-47, subsequent final map(s) to implement the proposed parcels and improvements shown on Vesting Tentative Tract Map No. NT2005-003 will be submitted to the City for review and approval. Finding- B. indin :8. That the site is physically suitable for the type and density of development. Zoning Administrator Resolution No. ZA2017-006 Page 3 of 8 Facts in Support of Finding: B-1. No development or improvements are proposed with the proposed tentative parcel map. Any improvements will require future application submittals and approvals consistent with or as required pursuant to the PC-47 and the development agreement. Finding: C. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: C-1. This project has been reviewed and is consistent with the previously adopted Mitigated Negative Declaration No. ND2010-008, for the development on the Tennis Club Site. Incorporation and implementation of the adopted mitigation measures in discretionary and ministerial actions to implement the project will ensure that no significant impact to the environment will occur. Findin : D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: D-1. No development or improvements are proposed with the proposed tentative parcel map. Any improvements will require future application submittals and approvals as required by the PC-47. All future development or construction will require compliance with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. All ordinances of the City and all Conditions of Approval will be complied with. Finding: E. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to Zoning Administrator Resolution No. ZA2017-006 Page 4 of 8 determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: E-1. The design of the development will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed development, because there are no public easements located on the property. E-2. Easement for public emergency and security ingress/egress, weekly refuse service and public utility purposes on all private streets will be dedicated to the City with the proposed tentative parcel map. Finding: F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: F-1. The property is not subject to the Williamson Act because the subject property is not designated as an agricultural preserve and is less than 100 acres in area. Finding: G. That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code. (1) There is an adopted specific plan for the area to be included within the land project; and (2) the decision making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: G-1. California Business and Professions Code Section 11000.5 was repealed by the Legislature. However, this project site is not considered a "land project" as previously defined in Section 11000.5 of the California Business and Professions Code because the project site does not contain 50 or more parcels of land nor is it located within the boundaries of a specific plan. Finding: H. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Zoning Administrator Resolution No. ZA2017-006 Page 5 of 8 Facts in Support of Finding: H-1. The proposed parcel map and improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. H-2. The design of the proposed subdivision provides a southern solar exposure for both lots. H-3. The City of Newport Beach has not adopted an ordinance in accordance with Section 66475.3 Subdivision Map Act to require solar access easements; therefore Section 66475.3 is not applicable. Finding: 1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding: 1-1. The tentative parcel map proposes the lot consolidation of 11 parcels (Lots 1 through 7 and Lots A through D) of Vesting Tentative Tract Map No. NT2005-003 into four parcels for future financing and conveyance purposes. No development or improvements are proposed. Any improvements will require future application submittals and approvals. Therefore, the proposed tentative parcel map will not affect the City in meeting its regional housing need. Finding: J. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding- J-1. No development or improvements are proposed. Existing wastewater discharge into the existing sewer system is designed to comply with the Regional Water Quality Control Board (RWQCB) requirements. Finding: K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Zoning Administrator Resolution No. ZA2017-006 Page 6 of 8 Facts in Support of Finding: K-1. The subject property is located in the Coastal Zone, but not located in proximity to nor provides public access to any beaches, shoreline, coastal waters, tidelands, coastal parks or trails. K-2. A coastal development application was submitted and a notice of intent was issued by the Coastal Commission in 2013 for the proposed development at subject property. This notice of intent is now expired. A new coastal development application is being submitted for reconsideration. The configurations of the parcels within the subject map are consistent with the approved Vesting Tentative Tract Map No. NT2005-003 (TTM 15347) which was included as part of the original submitted coastal development permit application and the new application as well. Additionally, the proposed project does not impact use of public recreational opportunities as no development or improvements are proposed as part of this application. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel Map No. NP2016-013, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 10 days after the adoption of this Resolution unless within such time an appeal or call for review is filed with the Director of Community Development in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 26th DAY OF JANUARY, 2017. Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2017-006 Page 7 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 1. A parcel map shall be recorded. The map shall be prepared on the California coordinate system (NAD88). Prior to recordation of the map, the surveyor/engineer preparing the map shall submit to the County Surveyor and the City of Newport Beach a digital-graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 2. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. This tentative parcel map shall expire if the map is not recorded within 24 months from the date of approval, unless an extension is granted by the Director of Community Development in accordance with the provisions of Section 19.16 of the Newport Beach Municipal Code. 4. All improvements shall be constructed as required by Ordinance and the Public Works Department. 5. The approval of Tentative Parcel Map No. NP2016-013 shall be for financing and conveyance purposes only. Development of each parcel shall be in accordance with the requirements of the Conditions of Approval of Site Development Permit No. SD2011-002 and Vesting Tentative Tract Map No. NT2005-003 for the Tennis Club Site. 6. Prior to recordation of Tentative Parcel Map No. NP2016-013, approval from the California Coastal Commission (CCC) shall be required; however, when the City of Newport Beach has a fully certified Local Coastal Program (LCP) and has the authority to issue coastal development permits (CDP), approval by the City of Newport Beach shall be required, unless otherwise determined by CCC. 7. Prior to development of the site pursuant to the PC-47, Final Map(s) to implement the proposed parcels and improvements shown on Vesting Tentative Tract Map No. NT2005-003 shall be submitted to the City for review and approval 8. Easement for public emergency and security ingress/egress, weekly refuse service and public utility purposes on all private streets shall be dedicated to the City. Zoning Administrator Resolution No. ZA2017-006 Page 8 of 8 9. Monumentation surety in a form acceptable to the City, guaranteeing the installation of the necessary monuments shall be provided prior to the recordation of the parcel map. 10. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Newport Beach Country Club — Tennis Club Site Tentative Parcel Map including, but not limited to, Tentative Parcel Map No. NP2016- 013. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.