HomeMy WebLinkAboutZA2017-078 - PARCEL MAP AND COASTAL DEVELOPMENT PERMIT - 435 FERNLEAF AVENUERESOLUTION NO. ZA2017-078
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP 2017-014 AND COASTAL DEVELOPMENT PERMIT
NO. CD2017-052 FOR TWO UNIT CONDOMINIUM PURPOSES
LOCATED AT 435 FERNLEAF AVENUE (PA2017-113)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Berk Properties, with respect to property located at 435 Fernleaf
Avenue, and legally described as Lot 15, Block 432 in the Corona del Mar Tract requesting
approval of a Tentative Parcel Map and Coastal Development Permit.
2. The applicant proposes a tentative parcel map for two-unit condominium purposes. An
existing single family dwelling and a new duplex is currently in the plan check process. No
waivers of Title 19 are proposed. The Tentative Parcel map would allow each unit to be
sold individually. The Tentative Parcel Map also requires the approval of a Coastal
Development Permit pursuant to Title 21 Local Coastal Program Implementation Plan of
the Municipal Code.
3. The subject property is located within the Two-Unit Residential (R-2) Zoning District and
the General Plan Land Use Element category is Two-Unit Residential.
4. The subject property is located within the coastal zone and has a Coastal Land Use
Designation of Two-Unit Residential (RT-D) and a Coastal Zoning District of Two-Unit
Residential (R-2).
5. A public hearing was held on September 28, 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 hearing 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 hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt pursuant to the State
CEQA (California Environmental Quality Act) Guidelines under Class 15 (Minor Land
Divisions).
2. The Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four (4) 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 (2) years, and the
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parcel does not have an average slope greater than 20 percent. The Tentative Par cel
Map is for condominium purposes and is consistent with all of the requirements of 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 is for condominium purposes and meets all of the
requirements of the Local Coastal Program including 21.30.025 Coastal
Subdivisions.
2. 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.
3. The Tentative Parcel Map is for a property within a developed neighborhood that is
approximately 1,800 feet from the shoreline and is not near any natural landforms or
environmentally sensitive areas.
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:
1. The Tentative Parcel Map is not 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 finding s per Section 19.12.070 (Required
Findings for Action on Tentative Maps) of Title 19:
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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:
1. The Tentative Parcel Map is for two-unit residential condominium purposes. An
existing single family dwelling will be demolished and a new duplex is currently in the
plan check process. The proposed subdivision and improvements are consistent with
the density of the R-2 Zoning District and the current General Plan Land Use
Designation “Two-Unit Residential.”
2. The subject property is not located within a specific plan area.
3. The project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the Fernleaf Avenue frontage,
consistent with the Subdivision Code (Title 19).
Finding:
D. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The lot is physically suitable for a two-unit development because it is regular in shape.
2. The subject property is accessible from the alley at the rear and is 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 wildli fe 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 Califor nia
Environmental Quality Act that specific economic, social, or other considerations make
infeasible the mitigation measures or project alternatives identified in the environmental
impact report.
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Facts in Support of Finding:
1. An existing single-family dwelling will be demolished and a new two-unit dwelling is
currently in the plan check process.
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 of Chapter 3), of
the California Environmental Quality Act (CEQA) Guidelines – Class 15 (Minor Land
Alterations).
Finding:
F. That the design of the subdivision or the type of improvements is not likely to cause seriou s
public health problems.
Facts in Support of Finding:
1. The Tentative Parcel Map is for residential condominium purposes. All improvements
associated with the project will comply with all 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.
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:
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.
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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:
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.
2. The site is developed for residential use and is located in a Zoning District that permits
residential uses.
Finding:
I. 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:
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.
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 future 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.
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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 two-unit dwelling is consistent with the R-2 Zoning District which allows
two residential units on the property. Therefore, the Tentative Parcel Map for
condominium purposes 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. The new two-unit dwelling will be designed so that wastewater discharge into the
existing sewer system complies 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.
Facts in Support of Finding:
1. The subject property is within the Coastal Zone. The facts in support of findings A and
B above are hereby incorporated by reference.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves PA2017-113 for
Tentative Parcel Map No. NP2017-014 and Coastal Development Permit No. CD2017-
052, subject to the conditions set forth in Exhibit “A,” which is attached hereto and
incorporated by reference.
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2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code .
PASSED, APPROVED, AND ADOPTED THIS 28th DAY OF SEPTEMBER, 2017.
_____________________________________
Patrick J. Alford, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
PLANNING
1. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. Subsequent to the recordation of the Parcel Map, the applicant shall apply for a building
permit for a description change of the subject project development from “duplex” to
“condominium.” The development will not be condominiums until this permit is final. The
building permit for the new construction shall not be final until after recordation of the parcel
map.
3. Prior to recordation of the Parcel Map, a park fee shall be assessed for one additional
dwelling unit
4. This approval shall expire and become void unless exercised within twenty-four (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.
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 the 435 Fernleaf Avenue Tentative Parcel Map and Coastal Development
Permit including, but not limited to, Tentative Parcel Map No. NP2017-014 and Coastal
Development Permit No. CD2017-052 (PA2017-113). 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.
Public Works Conditions
6. A Final 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
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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 imaged 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 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 the construction project.
8. 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 site shall be removed.
9. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
10. Reconstruct all damaged concrete sidewalk panels, curb and gutter along the Fernelaf
Avenue property frontages and any damaged concrete alley panels along the alley
property frontage as determined by the Public Works Department.
11. All existing overhead utilities shall be undergrounded.
12. All above ground improvements shall stay a minimum 5 -foot clear of the alley setback.
13. Fernleaf Avenue is part of the City’s Moratorium List. Work performed on said roadways
will require additional surfacing requirements. See City Standard 105-L-F.
14. All existing private, non-standard improvements within the public right-of-way and/or
extensions of private, non-standard improvements in the public right-of-way and/or
extension of private, non-standard improvements into the public right-of-way fronting the
development site shall be removed.
15. Install new sod or low groundcovers of the type approved by the City throughout the
Fernleaf Avenue parkway fronting the development site.
16. Each unit shall be served by its individual water service/meter and sewer lateral and
cleanout. Each water meter and sewer cleanout shall be installed with a traffic-grade
box and cover.
17. An encroachment permit is required for all work activities within the public right -of-way.
18. All improvements shall comply with the City’s sight distance requirement. See City
Standard 110-L and Municipal Code Section 20.30.130.
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19. 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.