HomeMy WebLinkAboutZA2018-032 - TENTATIVE PARCEL MAP & COASTAL DEVELOPMENT PERMIT FOR TWO-UNIT CONDOMINIUM PURPOSES - 315 AND 315-1/2 JASMINE AVENUE
RESOLUTION NO. ZA2018-032
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING
TENTATIVE PARCEL MAP NO. NP2018-001 AND COASTAL
DEVELOPMENT PERMIT NO. CD2018-005 FOR TWO-UNIT
CONDOMINIUM PURPOSES LOCATED AT 315 AND 315-1/2
JASMINE AVENUE (PA2018-011)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Nicholson Companies (“Applicant”), on behalf of Pleasantville
Road Partners, LLC (“Owner”), with respect to property located at 315 and 315-1/2
Jasmine Avenue, and legally described as Lot 15 and the northeasterly fifteen feet of Lot
13, Block 236, in the Corona del Mar Tract, requesting approval of a tentative parcel map
and coastal development permit for two-unit condominium purposes.
2. A previously existing duplex was demolished and a new duplex is under construction,
pursuant to Zoning and Building Code requirements. Approval of the Tentative Parcel Map
will allow each unit to be sold individually. No waivers of Title 19 are proposed. The
Tentative Parcel Map also requires the approval of a coastal development permit (CDP)
pursuant to Newport Beach Municipal Code (NBMC) Title 21 (Local Coastal Program
Implementation Plan).
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 (RT).
4. The subject property is located within the coastal zone and has a Coastal Land Use
Designation of Two-Unit Residential – (20.0 – 29.9 DU/AC) (RT-D) and a Coastal Zoning
District of Two-Unit Residential (R-2).
5. A public hearing was held on March 15, 2018 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 NBMC. Evidence, both written
and oral, was presented to, and considered by, the Zoning Administrator at this meeting.
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 a re
Zoning Administrator Resolution No. ZA2018-032
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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
parcel does not have an average slope greater than 20 percent. The project is consistent
with all of the requirements of the Class 15 exemption in that it includes a single-lot
parcel map for condominium purposes that complies with the conditions specified
above.
SECTION 3. REQUIRED FINDINGS.
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of NBMC Title 21 and approves the Coastal Development Permit
based on the following findings per Section 21.52.015(F):
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 a property within a developed neighborhood, on a
lot that is more than 1,300 feet from the shoreline and is not near any natural
landforms or environmentally sensitive areas.
2. A duplex designed to condominium standards is currently under construction. The
project site is located within the Categorical Exclusion Area and the issuance of
building permits for demolition of the previously e xisting improvements and
construction of the new duplex was excluded from the requirement to obtain a coastal
development permit under NBMC Section 21.52.045 (Categorical Exclusions). The
new construction will conform to all applicable development standards including
parking. Approval of the Tentative Parcel Map will allow each unit to be sold
individually as condominiums.
3. The project site is not located between the nearest public road and the sea or shoreline.
The residential lot does not currently provide nor does it inhibit public coastal access.
Implementation Plan Section 21.30A.040 requires that the provision of public access
bear a reasonable relationship between the requirement and the project’s impact and
be proportional to the impact. In this case, the project is a parcel map for two-unit
condominium purposes and involves a previously approved two-family residence on
an inland lot. The project does not therefore involve a change in land use, density or
intensity that will result in increased demand on public access and recreation
opportunities.
4. The project site is not located adjacent to a coastal view road, public viewpoint, public
park or beach, or public accessway, as identified in the Coastal Land Use Plan.
Furthermore, an investigation of the project site and surrounding area did not identify
any other public view opportunities. The project site may be located within the viewshed
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of distant public viewing areas. However, the project is located on an inland lot and
affects a previously approved two-unit residential development that complies with all
applicable LCP development standards and maintains a building envelope consistent
with the existing neighborhood pattern of development. Therefore, the project does
not have the potential to degrade the visual quality of the Coastal Zone or result in
significant adverse impacts to public views.
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:
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 NBMC Title 20 (Planning and Zoning) and is approved based on
the following findings per NBMC Section 19.12.070 (Required Findings for Action on Tentative
Maps):
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 duplex has been demolished and a new duplex is under construction. The
proposed subdivision and improvements are consistent with the density of the R -2
Zoning District and current General Plan Land Use Designation (Two-Unit
Residential).
2. The subject property is not located within a specific plan area.
3. The project is conditioned to require public improvements, including the
reconstruction of drains, sidewalks, curbs, and gutters along the Jasmine Avenue
frontage, consistent with the requirements of NBMC Title 19.
Finding:
D. That the site is physically suitable for the type and density of development.
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Facts in Support of Finding:
1. The lot is physically suitable for a two-unit development. The lot is rectangular in
shape, 45 feet wide, 118 feet deep and 5,310 square feet in area. A previously
existing duplex was demolished and a new duplex is under construction.
2. The project site will maintain vehicular access from the alley at the rear of the
property and existing utility services are adequate for the two-unit development.
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:
1. The site was previously developed with a duplex and a new duplex is under
construction.
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) for the reasons noted in Section 2 of this Resolution.
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:
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 NBMC Section 19.28.010 (General Improvement Requirements) 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.
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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 the re 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 in the Two-Unit Residential
(R-2) District, which is intended for and 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.
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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 existing lot configuration provides an east/west orientation allowing for a longer
southern exposure. The Tentative Parcel Map is for two-unit condominium purposes
and will not affect the existing lot design or orientation.
2. 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.
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:
The proposed duplex is consistent with the R-2 Zoning District, which allows up to 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:
The new duplex is designed so that wastewater discharge into the existing sewer system
complies with the Regional Water Quality Control Board (RWQCB) requirements.
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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:
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 Tentative Parcel
Map No. NP2018-001 and Coastal Development Permit No. CD2018-005, 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 NBMC Title 21 (Local
Coastal Program Implementation Plan).
PASSED, APPROVED, AND ADOPTED THIS 15th DAY OF MARCH, 2018.
_____________________________________
Patrick J. Alford, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
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 and prior to final of the building permit for
construction of the new duplex, the applicant shall apply for a building permit to change
the description of the subject development from “duplex” to “condominium.” The
development will not be condominiums until this permit is finaled. The building permit for
the new construction shall not be finaled until after recordation of the parcel map.
3. 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.
4. 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 315 Jasmine Avenue Condominiums including, but not limited to, Tentative
Parcel Map No. NP2018-001 and Coastal Development Permit No. CD2018-005 (PA2018-
011). 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 Department
5. 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 imaged will not be accepted.
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6. 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.
7. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
8. The property owner shall be responsible for the reconstruction of any damaged concrete
sidewalk panels, curb and gutter along the Iris Avenue property frontage and any damaged
concrete alley panels along the Jasmine Avenue property frontage and any damaged
concrete alley panels along the alley property frontage as determined by the Public Works
Department.
9. All existing overhead utilities shall be undergrounded.
10. All above ground improvements shall stay a minimum 5-foot clear of the alley setback.
11. The Applicant shall remove the existing concrete within the Jasmine Avenue parkway
and install new sod or low groundcover of the type approved by the City throughout the
Jasmine Avenue parkway fronting the development site.
12. 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. Water meter and the sewer cleanout shall be located within the public
right-of-way.
13. An encroachment permit is required for all work activities within the public right -of-way.
14. All improvements shall comply with the City’s sight distance requirement pursuant to
City Standard 110-L and NBMC Section 20.30.130.
15. Jasmine Avenue is on the City’s street-cut moratorium list. Damage or trenching in said
street will require moratorium street repair per City standards.
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.
17. Per NBMC Title 13 (Streets, Sidewalks, and Public Property), one (1) 36-inch box street
tree shall be planted along the Jasmine Avenue frontage. Tree species shall be per
Council Policy G-6.