Loading...
HomeMy WebLinkAboutZA2017-047 - PARCEL MAP, AND COASTAL DEVELOPMENT PERMIT TO SUBDIVIDE LOT INTO TWO PARCELS - 109 Onyx AveRESOLUTION NO. ZA2017-047 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP NO. NP2017-010 AND COASTAL DEVELOPMENT PERMIT NO. CD2017-023 FOR THE SUBDIVISION OF PROPERTY INTO TWO PARCELS LOCATED AT 109 ONYX AVENUE (PA2017-057) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by 109 Onyx Avenue, Newport Beach, LLC with respect to property located at 109 Onyx Avenue and legally described as Lot 7 and the southerly 20 feet of Lot 8, Balboa Island, requesting approval of a tentative parcel map and coastal development permit for condominium purposes. 2. A Tentative Parcel Map and associated Coastal Development Permit to subdivide an existing 60 -foot wide property, which consists of one underlying 40 -foot wide lot and a 20 - foot wide portion of an adjoining underlying lot into two 30 -foot wide lots. Two detached homes are currently under construction, one on each proposed lot. The new lots would not meet the minimum lot width of 50 feet for an interior lot and 60 feet for a corner lot as set forth in Title 20 (Zoning) for new subdivisions; however, the proposed lot area complies with the RB -1 Zoning District minimum. Therefore, deviation from the minimum lot width is requested. 3. The subject property is located within the Two -Unit Residential Balboa Island (R -BI) Zoning District and the General Plan Land Use Element category is Two -Unit Residential (RT). 4. The subject property is located within the coastal zone and has a Coastal Land Use Designation of Two -Unit Residential (RT -E) and a Coastal Zoning District of Two -Unit Residential Balboa Island (R -BI). 5. A public hearing was held on June 29, 2017 in the Corona del Mar Conference Room (Bay E -1st 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 under Class Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2017-047 Paqe 2 of 12 2. The Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. The Tentative Parcel Map is for to create two lots and is consistent with all of the requirements of the Class 15 exemption. The proposed parcels are consistent with the land use and zoning designations. The deviation to lot width requires findings to be made to ensure development is consistent with the surrounding pattern of development and that the project will not be detrimental to the neighborhood. The requested lot width is consistent with the width of the majority of lots on Balboa Island and development intensity and density will be the same as approved by the original Balboa Island subdivision on this block. Therefore, the proposed parcel map is consistent with the intent and is eligible for the Class 15 exemption. SECTION 3. REQUIRED FINDINGS. The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent with the legislative intent of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code and approves the Coastal Development Permit based on the following findings per Section 21.52.015 F. of Title 21: Finding: A. That the proposed map conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Tentative Parcel Map meets all of the requirements of the Local Coastal Program, including the provisions contained within Section 21.30.025 Coastal Subdivisions. 2. The subject property is within a developed neighborhood and is located more than 100 feet from the shoreline. The subject property is not located near or adjacent to any natural landforms including coastal bluffs, and is not within the proximity of any environmentally sensitive areas. 3. The project site is not located between the nearest public road and the sea or shoreline and approval of the parcel map will not affect public recreation access or views. The Balboa Island boardwalk, which provides public access, is located approximately 100 feet to the south of the property. Zoning Administrator Resolution No. ZA2017-047 Paqe 3 of 12 4. The homes currently under construction meet the Title 21 requirement that off-street parking spaces be accessed by the existing alley. Therefore, there is no loss of existing on -street parking available for visitors and the public. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: The subject property is not located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent with the legislative intent of Title 20 (Planning and Zoning) 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: C. 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: The Tentative Parcel Map is for the purpose of subdividing an existing property lot consisting of one legal underlying lot (40 feet wide by 85 feet deep), and 20 feet of an adjoining lot (20 feet wide by 85 feet deep) into two 30-foor wide lots. 2. The proposed subdivision and improvements are consistent with the density of the R -BI Zoning District and the RT General Plan Land Use Designation. 3. The proposed lots are 2,554 square feet in area and exceed the R -BI development standard minimum of 2,375 square feet. 4. The homes currently under construction will comply with all applciable R -BI zoning district development standards. 5. The Tentative Parcel Map is not located within a specific plan area. Finding: D. That the site is physically suitable for the type and density of development. Zoning Administrator Resolution No. ZA2017-047 Paqe 4 of 12 Facts in Support of Finding: The lot is physically suitable for two 30 -foot by 85 -foot lots. The lots are rectangular in shape, consistent with the lot, width and area of other lots in the vicinity and the topography is relatively flat. 2. The subject property is accessible from Onyx Avenue and the alley at the rear. The lots are adequately served by existing utilities. Finding: E. 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: The site was previously developed with a duplex, which was demolished, and replaced with one home on each proposed lot. 2. The property is located in an urbanized area that does not contain any sensitive vegetation or habitat. 3. The project is categorically exempt under Section 15315 (Article 19 or Chapter 3), of the California Environmental Quality Act (CEQA) Guidelines — Class 15 (Minor Land Divisions). Finding: F. 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: The Tentative Parcel Map is for residential development. All improvements associated with the project will comply with required Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Section 19.28.010 (General Improvement Requirements) of the Municipal code and Section 66411 (Local agencies to regulate and control design of subdivisions) of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. Zoning Administrator Resolution No. ZA2017-047 Paqe 5 of 12 Finding: G. 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 determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: 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. Finding: H. 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: 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. 2. The site is developed for residential use and is located within a Zoning District that permits residential uses. Findin : 1. 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. 1. California Business and Professions Code Section 11000.5 has been 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. 2. The project is not located within a specific plan area. Zoning Administrator Resolution No. ZA2017-047 Paqe 6 of 12 Finding: J. 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. Facts in Support of Finding: 1. The Tentative Parcel Map and any improvements, including the homes currently under construction, 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. Finding: K. 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. The proposed subdivision is consistent with the R -BI Zoning District, which allows two (2) residential units on the property. Therefore, the Tentative Parcel Map will not affect the City in meeting its regional housing need. Finding: L. 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: 1. Plans for the homes currently under construction included a construction erosion control plan and a post construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event run-off on- site. Any water not retained on-site is directed to the City's storm drain and sewer system in compliance with the Regional Water Quality Control Board (RWQCB) requirements. Finding: M. 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. ZA2017-047 Paqe 7 of 12 Facts in Support of Finding: The subject property is located within the Coastal Zone. The facts in support of Findings A and B above are hereby incorporated by reference. Deviation from Design Standards Per Section 19.24.050.A of Title 19 (Lot Design, Lot Size), new subdivisions must meet the applicable zoning district regulations stated in Title 20 (Zoning Code). Deviation from the design standards set forth in Chapter 19 of Title 19 may be approved by the Zoning Administrator subject to specific findings stated per Section 19.24.130.C. The proposed subdivision would create lots which would not meet the lot width standards required by the Zoning Code for new subdivisions within the R -BI Zoning District. The Zoning Code requires new subdivision interior lots to be 50 feet wide and corner lots to be 60 feet wide, and have a lot area of 2.375 square feet. Although the proposed parcels exceed the minimum lot area requirement (2,554 square feet) they are proposed to be 30 -feet in width. The required findings to deviate from the standards and facts in support of those findings are as follows: Finding: A. The requested deviations will create a land plan or development design equal or superior to that under the baseline design standards in this Chapter. Facts in Support of Finding: The proposed lots are comparable in width, length, and area with the majority of the original subdivision which was comprised of 30 -foot -wide by 85 -foot -deep interior lots and 40 -foot -wide by 85 -foot -deep corner lots. Since the original subdivision was created, some lots in the vicinity have been re -subdivided but the majority remain 30 -foot -wide by 85 -foot -deep. Thirteen of the eighteen properties in the 100 block of Onyx Avenue are 30 feet in width. 2. The proposed lots are 2,554 square feet in area and exceed the R -BI development standard minimum of 2,375 square feet. 3. The existing lot orientation with vehicular access from both Onyx Avenue and the rear alley and pedestrian access from Onyx Avenue are maintained. Finding: B. The deviations will not negatively impact the carrying capacity of the local vehicular circulation network. Facts in Support of Finding: Zoning Administrator Resolution No. ZA2017-047 Paqe 8 of 12 1. The proposed subdivision would not increase the density beyond the original subdivision. The subject property is comprised of Lot 7 and portion of Lot 8 of the original subdivision. The adjacent property, 113 Onyx Avenue, is comprised of the remaining portion of Lot 8 and the entire Lot 9 of the original subdivision. 113 Onyx Avenue is 40 -feet in width and would not be eligible for approval of a parcel map since a 20 -foot lot would not be consistent with the development pattern of the original subdivision or the existing development pattern. Therefore the impact on the vehicular circulation network will be the same as the original subdivision. Therefore, three parcels will exist with the approval of this parcel map, which is the same number as approved by the original subdivision (Lots 7, 8 and 9). Finding: C. The deviations will not negatively impact pedestrian circulation. Facts in Support of Finding: 1. The subdivision will not reduce, encroach or change the size of location of the Onyx Avenue sidewalk. 2. The subdivision will not eliminate or impede pedestrian circulation provided that the necessary improvements are provided in accordance with applicable Public Works design standards and permitting. Finding: D. The resulting subdivision will be compatible with the pattern of surrounding subdivisions. Facts in Support of Finding: 1. The original subdivision established 30 -foot -wide lots on both sides of Onyx Avenue with the exception of the southerly two corner lots which were 40 feet wide. Some lot line adjustments, lot splits and lot consolidation have occurred on Onyx Avenue and throughout Balboa Island; however, the majority of the lots remain 30 feet in width. 2. Thirteen of the eighteen properties in the 100 block of Onyx Avenue are 30 feet in width and eleven lots have a lot area of 2,550 square feet which is consistent with the proposed lot area of 2,554 square feet. Finding: E. The resulting subdivision design and improvements will not be materially detrimental to the residents or tenants of the proposed subdivision or surrounding properties, nor to public health or safety. Zoning Administrator Resolution No. ZA2017-047 Paqe 9 of 12 Facts in Support of Finding: The proposed subdivision to re -subdivide the existing parcel in a comparable manner to the underlying legal lots would allow two units to be constructed on each lot in accordance with the General Plan. Approval does not introduce an incompatible land use, and the resulting subdivision design would not be detrimental to the residents as vehicular and pedestrian access would be maintained. Any development must be in accordance with the conditions of approval and the Municipal Code. The resulting lot widths are consistent with the lot widths of the original subdivision or the existing development pattern of the neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves PA2017-057 for Tentative Parcel Map No. NP2017-010 and Coastal Development Permit No. CD2017- 023, 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 14 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 21 Local Coastal Program Implementation Plan, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF JUNE 2017. Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2017-047 Paqe 10 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 3. Subsequent to the recordation of the parcel map, and prior to the final of building permits issued under Plan Check No. 0634-2015 the applicant shall apply for a building permit to modify the permit description to reflect the creation of two dwelling units on separate lots (one on each lot). The building permit for the new construction (PC0634-2015) shall not be finaled until after recordation of the parcel map. 4. Prior to the recordation of the parcel map, construction plans approved as Plan Check No. 0634-2015 shall be reviewed by the Planning Division, Building Division and Public Works Department to confirm that the plans have been revised to show compliance with all applicable development regulations and standards applicable in relation to the newly created property lines. 5. 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 109 Onyx Avenue Tentative Parcel Map and Coastal Development Permit including, but not limited to Tentative Parcel Map No. NP2017-010 and Coastal Development Permit No. CD2017-023 (PA2017-057). 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, attomeys' 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. Zoning Administrator Resolution No. ZA2017-047 Page 11 of 12 Public Works Conditions A Final Parcel Map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83). Prior to the 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. 7. Prior to the 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 Section 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 tage) 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. 8. Reconstruct the existing broken and/or otherwise damaged concrete sidewalk panels, curb and gutter along the Onyx Avenue frontage as determined by the Public Works Department. 9. Reconstruct the existing broken and/or otherwise damaged concrete alley along the rear and southerly property frontages. 10. All existing overhead utilities shall be undergrounded. 11. No aboveground improvements shall be installed within the 5 -foot alley setback. 12. All existing private, non-standard improvements within the public right-of-way and/or extensions of private, non-standard improvements into the public right-of-way fronting the development shall be removed (i.e. loose rocks around the trees, decorative concrete at stair landing, etc.). 13. Each unit shall be served by its own individual water service/meter and sewer lateral/cleanout. Each water meter and sewer cleanout shall be installed with a traffic -grade box and cover. Water meter and sewer clean-out shall be located in the public right -of — way. 14. An encroachment permit is required for all work activities within the public right-of-way. 15. All improvements shall comply with the City's sight distance requirement. See City Standard 100-L and Municipal Code Section 20.30.130. 16. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. Zoning Administrator Resolution No. ZA2017-047 Paqe 12 of 12 17. All on-site drainage shall comply with the latest City Water Quality requirements. 18. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at property line. If the sewer lateral to be abandoned has an existing cleanout, abandonment shall include removal of the cleanout riser, the 4TT box and the wye. Sewer lateral shall then be capped where the wye used to be. 19. All temporary construction fencing and sandbags shall not be located in the public right-of- way. 20. All improvements shall be constructed as required by Ordinance and the Public Works Department.