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HomeMy WebLinkAboutZA2017-086 - COASTAL DEVELOPMENT PERMIT AND TENTATIVE PARCEL MAP TO CREATE TWO SINGLE LOTS ON A DOUBLE WIDE EXISTING LOT AND CONSTRUCT TWO SINGLE FAMILY DWELLINGS - 325 ORCHID AVE08-15-2017 RESOLUTION NO. ZA2017-086 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP NO. NP2017-017 AND COASTAL DEVELOPMENT PERMIT NO. CD2017-066 FOR THE SUBDIVISION OF PROPERTY INTO TWO PARCELS LOCATED AT 325 ORCHID AVENUE (PA2017- 156) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Lloyd Rucker, with respect to property located at 325 Orchid Avenue requesting approval of a tentative parcel map and coastal development permit. 2. The lot at 325 Orchid Avenue is legally described as Lot 25 and the northeasterly one- half (1/2) of Lot 23 and the southwesterly one-half (1/2) of Lot 27, all in Block 241, Corona Del Mar, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps, in the office of the county recorder of said county. 3. The applicant proposes to subdivide an existing 60-foot wide property, which consists of one underlying 30-foot wide lot, and two 15-foot wide halves of a lot into two separate 30-foot wide lots. This would allow two separate single-family residences to be constructed on separate lots. The new lots would not meet the minimum lot width requirement set forth in Title 20 (Zoning) for new subdivisions; however, the proposed width and area are consistent with standard properties in Corona Del Mar. The Coastal Development Permit is for subdivision purposes; any future development on the two parcels would be required to comply with Title 21 Local Coastal Implementation Plan and Title 20. 4. The subject property is designated RSD (Single-Unit Residential Detached) by the General Plan Land Use Element and is located within the R-1 (Single-Unit Residential) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached – (6.0 – 9.9 DU/AC) (RSD-B), and it is located within the Single-Unit Residential Coastal Zone District (R-1). 6. A public hearing was held on October 26, 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. Zoning Administrator Resolution No. ZA2017-086 Page 2 of 12 08-15-2017 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 15 (Minor Land Divisions), because it has no potential to have a significant effect on the environment. 2. 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 proposed parcels are consistent with the land use and zoning designations. The deviation to lot width requires finding 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 in Corona Del Mar and development intensity and density will be the same as approved by the original Corona Del Mar 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 t he 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 an d is located more than 800 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 Zoning Administrator Resolution No. ZA2017-086 Page 3 of 12 08-15-2017 views. Public access is available along Ocean Boulevard more than 800 feet to the south of the property. 4. Future development will be required to meet the Title 21 requirement that off -street parking spaces be accessed from 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. Fact in Support of Finding: 1. 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: 1. The Tentative Parcel Map is for the purpose of subdividing an existing property consisting of one legal underlying lot (30 feet wide by 118 feet deep), and two halves of an underlying legal lot (15 feet on each side of the whole lot) to create two individual 30-foot wide lots. 2. The proposed subdivision and improvements are consistent with the density of the R-1 Zoning District and the RSD General Plan Land Use Designation. 3. Future construction will comply with all applciable R-1 zoning district development standards. 4. The Tentative Parcel Map is not located within a specific plan area. Zoning Administrator Resolution No. ZA2017-086 Page 4 of 12 08-15-2017 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 two 30-foot by 118-foot lots. The lots are rectangular in shape, consistent with the lot width and area of other lots in the vicinity. The topography is relatively flat. 2. The subject property is accessible from Orchid 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 Californi a 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: 1. The site was previously developed with a single-family residence that will be demolished, and replaced with two single-family residences. 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. Fact in Support of Finding: 1. 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 Zoning Administrator Resolution No. ZA2017-086 Page 5 of 12 08-15-2017 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 approv e 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. Fact 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. 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 within 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. 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 Zoning Administrator Resolution No. ZA2017-086 Page 6 of 12 08-15-2017 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. Fact in Support of Finding: 1. 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. Finding: K. That the subdivision is consistent with Se ction 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. Fact in Support of Finding: 1. The proposed subdivision is consistent with the R-1 Zoning District, which allows one (1) residential unit on each 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. Fact in Support of Finding: 1. The development of single-family residences in the future will require 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. Zoning Administrator Resolution No. ZA2017-086 Page 7 of 12 08-15-2017 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. Fact in Support of Finding: 1. 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 mus t 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 that would not meet the minimum area and lot width standards required by the Zoning Code for new subdivisions within the R-1 Zoning District. The Zoning Code requires new subdivision interior lots to be 50 fe et wide and corner lots to be 60 feet wide, and have a lot area of 5,000 and 6,000 square feet, respectively. The lots are proposed to be 30-feet in width and contain 3,540 square feet. 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: 1. 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 118-foot-deep interior lots. Since the original subdivision was created in 1904, some lots in the vicinity have been re-subdivided (or structures have been built over underlying lot lines) but the majority remain 30-foot-wide by 118-foot-deep. Typical lots in the vicinity are 30 to 45 feet in width. A 60-foot-wide lot is atypical in Corona Del Mar. 2. The proposed lots are 3,540 square feet in area, which is consistent with the design of the original underlying subdivision and properties in the vicinity. The proposed subdivision would not create additional lots beyond what was provided in the original tract from 1904 (Corona Del Mar Tract). 3. The existing lot orientation with vehicular access from the alley in the rear would remain. Zoning Administrator Resolution No. ZA2017-086 Page 8 of 12 08-15-2017 Finding: B. The deviations will not negatively impact the carrying capacity of the local vehicular circulation network. Fact in Support of Finding: 1. The proposed subdivision would not increase the density beyond the original subdivision. The subject property is comprised of Lot 25 and portion of Lots 23 and 27 of the original subdivision. The properties on the block are 30 to 45 feet in width. Therefore, no individual property would be eligible for subdivision on the block, as the width would be less than 30 feet and inconsistent with the development pattern of the original subdivision or existing development pattern. Thus, the impact on the vehicular circulation network will be the same as the original subdivision. 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 Orchid Avenue sidewalk. 2. The subdivision will not eliminate or impede pedestrian circulation provided that the necessary improvements are constructed 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 and 118-foot deep lots throughout Corona Del Mar. Some lot line adjustments, lot splits and lot consolidation (as well as structures being built over lot lines) have occurred throughout Corona Del Mar; however, the majority of the lots remain 30 feet in width. 2. The majority of lots in Corona Del Mar contain 3,540 square feet in area, which is in keeping with the size of the proposed lots. 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. ZA2017-086 Page 9 of 12 08-15-2017 Facts in Support of Finding: 1. The proposed subdivision to re-subdivide the existing parcel in a comparable manner to the underlying legal lots would allow one single-family residence 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: 1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel Map No. NP2017-017 and Coastal Development Permit No. CD2017-066, 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 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 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF OCTOBER, 2017. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2017-086 Page 10 of 12 08-15-2017 EXHIBIT “A” CONDITIONS OF APPROVAL Planning 1. Prior to recordation of the parcel map, the existing single -family residence shall be demolished. 2. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. Applicant shall comply with applicable Water Quality Management Plan (WQMP) requirements for each individual single-family residence. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 5. This Parcel Map and Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 7. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current property owner or agent. 8. This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 9. 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 325 Orchid Avenue Tentative Parcel Map and Coastal Development Permit including, but not limited to, Parcel Map No. NP2017-017 and Coastal Development Permit Zoning Administrator Resolution No. ZA2017-086 Page 11 of 12 08-15-2017 No. CD2017-066 (PA2017-156). 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 9. A Parcel Map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83). 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. 10. 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 construction project. 11. All improvements shall be constructed as required by Ordinance and the Public Works Department. 12. Reconstruct all damaged concrete sidewalk panels, curb and gutter along the Orchid Avenue property frontage and any damaged concrete alley panels along the alley property frontage as determined by the Public Works Department. 13. All existing overhead utilities shall be undergrounded. 14. All above ground improvements shall stay a minimum 5 -foot clear of the alley setback. 15. 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. 16. Install new sod or low groundcovers of the type approved by the City throughout the Orchid Avenue parkway fronting the development site. Zoning Administrator Resolution No. ZA2017-086 Page 12 of 12 08-15-2017 17. Each single-family residence shall be served by its individual water meter and sewer lateral and cleanout. Each water meter and sewer cleanout shall be installed with a traffic-grade box and cover. 18. An encroachment permit is required for all work activities in the public right-of-way. 19. All improvements shall comply with the City’s sight distance requirement. See City Standard 110-L. 20. Install two new 36-inch box street trees (one for each lot) along the Orchid Avenue frontage. Tree species shall be per City Council Policy G-6. All other City street trees shall be protected in place, unless otherwise approved by the Municipal Operations Department, General Services Division. 21. 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.