HomeMy WebLinkAbout04_423 Orchid Avenue Tentative Parcel Map_PA2018-016
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 10, 2018
Agenda Item No. 4
SUBJECT: 423 Orchid Avenue Condominiums (PA2018-016)
Tentative Parcel Map No. NP2018-004
County Tentative Parcel Map No. 2018-106
SITE LOCATION: 423 and 423 ½ Orchid Avenue
APPLICANT: James “Buzz” Person
OWNER: Nozar Mansourian and Neda Sanei
PLANNER: David S. Lee, Planning Technician
949- 644-3225, dlee@newportbeachca.gov
LAND USE AND ZONING
General Plan: RT (Two-Unit Residential)
Zoning District : R-2 (Two-Unit Residential)
PROJECT SUMMARY
Request for a tentative parcel map for condominium purposes. No waivers of Title 19
(Subdivisions) requirements are requested. An existing duplex was demolished and will
be replaced with a new two-unit duplex. The Tentative Parcel Map would allow each unit
to be sold individually as condominiums.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15315 (Minor Land Divisions) of the CEQA Guidelines, because
it has no potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map
No. NP2018-004 (Attachment No. ZA 1).
DISCUSSION
The property is 3,543 square feet in area, topographically flat, and located north of
East Coast Highway on Orchid Avenue between Second Avenue and East Coast
Highway.
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423 Orchid Avenue Condominiums
Zoning Administrator, May 10, 2018
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A duplex was demolished and will be replaced with a new two-unit duplex that will
provide the Newport Beach Municipal Code-required two-car parking per unit.
Approval and recordation of the Tentative Parcel Map will allow each unit to be
sold individually.
The property is designated for two-unit residential use by the General Plan and
Zoning Code. The new two-unit dwelling is consistent with this designation and a
tentative parcel map for condominiums does not change the use or density on the
property.
The new condominium project will conform to current Newport Beach Municipal
Code requirements and meet all Title 19 standards.
Public improvements will be required of the applicant per the Muni cipal Code and
Subdivision Map Act.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 under 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.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 10 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
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423 Orchid Avenue Condominiums
Zoning Administrator, May 10, 2018
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Prepared by:
____________________________
David S. Lee, Planning Technician
JM/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY
OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP
NO. NP2018-004 FOR TWO-UNIT CONDOMINIUM PURPOSES
LOCATED AT 423 AND 423 ½ ORCHID AVENUE (PA2018-016)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Nozar Mansourian and Neda Sanei, with respect to property
located at 423 and 423 ½ Orchid Avenue, and legally described as Lot 15 of Block 441,
requesting approval of a tentative parcel map.
2. The applicant proposes a tentative parcel map application for two-unit condominium
purposes. No waiver of Title 19 (Subdivisions) design standards are proposed with this
application. An existing duplex was demolished and will be replaced with a new two-unit
duplex. The Tentative Parcel Map would allow each unit to be sold individually.
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 not located within the Coastal Zone.
5. A public hearing was held on May 10, 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 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.
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 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 condominium purposes and is consistent with all of the requirements of the Class 15
exemption.
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SECTION 3. REQUIRED FINDINGS.
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 (Requi red
Findings for Action on Tentative Maps) of Title 19:
Finding:
A. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with applicable
provisions of the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
1. The Tentative Parcel Map is for two-unit residential condominium purposes. A duplex
was demolished and will be replaced with a new two-unit duplex. The proposed
subdivision and improvements are consistent with the density of the R -2 Zoning
District and the current RT General Plan Land Use Designation.
2. The Tentative Parcel Map does not apply to any specific plan area.
Finding:
B. 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
and is relatively flat.
2. The subject property is accessible from Orchid Avenue and an alley at the rear, and
is adequately served by existing utilities.
Finding:
C. That the design of the subdivision or the proposed improvements, are not likely to neither
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.
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Facts in Support of Finding:
1. The site was previously developed with a duplex which has been demolished and
will be replaced with a new two-unit duplex.
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:
D. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Facts in Support of Finding:
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:
E. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision. In this connection, the decision making body may approve a
map if it finds that alternate easements, for access or for use, will be provided and that
these easements will be substantially equivalent to ones previously acquired by the
public. This finding shall apply only to easements of record or to easements estab lished
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:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act,
if the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision
of the land would not be too small to sustain their agricultural use or the subdivision will
result in residential development incidental to the commercial agricultural use of the
land.
Facts in Support of Finding:
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, developed for residential use, lies in a zoning district that permits residential
uses.
Finding:
G. That, in the case of a “land project” as defined in Section 11000.5 of the California
Business and Professions Code: (1) there is an adopted specific plan for the area to be
included within the land project; and (2) the decision making body finds that the
proposed land project is consistent with the specific plan for the area.
1. The property is not a “land project” as defined in Section 11000.5 of the California
Business and Professions Code because the existing subdivision does not
contain fifty (50) or more parcels.
2. The project is not located within a specific plan area.
Finding:
H. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act.
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.
Finding:
I. 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
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Zoning Administrator Resolution No. ZA2018-###
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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 duplex is consistent with the R-2 Zoning District, which
allows two (2) 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:
J. That the discharge of waste from the proposed subdivision into the existing sewer
system will not result in a violation of existing requirements prescribed by the Regional
Water Quality Control Board.
Facts in Support of Finding:
1. The new two-unit duplex will be designed so that wastewater discharge into the
existing sewer system complies with the Regional Water Quality Control Board
(RWQCB) requirements.
Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public
access and recreation policies of Chapter Three of the Coastal Act.
Facts in Support of Finding:
1. The subject property is not located within the Coastal Zone.
2. The project is not located between the nearest public road and the sea or shoreline
of any body of water located within the coastal zone; therefore, the public access
and recreation policies of chapter 3 of the Coastal Act are not applicable.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2018-004 (PA2018-016), 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 10 days after the adoption of this Resolution
unless within such time an appeal or call for review is filed with the Director of
Community Development in accordance with the provisions of Title 19 Subdivisions, of
the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF MAY, 2018.
_______________________________
Patrick J. Alford, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. 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.
2. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie
the boundary of the map into the Horizontal Control System established by the County
Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments
(one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved
by the Subdivision Engineer. Monuments shall be protected in place if installed prior to
completion of construction project.
3. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
4. Reconstruct all damaged sidewalk panels, curb, gutter and street along the Orchid
Avenue property frontage and any damaged concrete alley panels along the alley
property frontage as determined by the Public Works Department.
5. All existing overhead utilities shall be undergrounded.
6. All above ground improvements shall stay a minimum 5 -foot clear of the alley setback.
7. All existing private, non-standard improvements, including but not limited to the existing
garden wall, 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.
8. New sod or low groundcovers of the type approved by the City shall be installed
throughout the Orchid Avenue parkways fronting the development site.
9. Each unit 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.
10. An encroachment permit is required for all work activities within the public right -of-way.
11. All improvements shall comply with the City’s sight distance requirement. S ee City
Standard 110-L.
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12. The existing City street tree shall be protected in place.
13. 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.
14. 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.
15. 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 423 Orchid Avenue Condominiums including, but not limited to Tentative
Parcel Map No. NP2018-004 (PA2018-016).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.
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Attachment No. ZA 2
Vicinity Map
13
VICINITY MAP
Tentative Parcel Map No. NP2018-004
PA2018-016
423 and 423 ½ Orchid Avenue
Subject Property
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Attachment No. ZA 3
Project Plans
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1/19/2018PA2018-01616
Zoning Administrator Resolution No. ZA2018-###
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12.The existing City street tree shall be protected in place.
13.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.
13.14. 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.
14.15. 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.
15.16. 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 423 Orchid Avenue Condominiums including, but not limited to Tentative
Parcel Map No. NP2018-004 (PA2018-016).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.
Zoning Administrator - May 10, 2018
ITEM NO. 4a - ADDITIONAL MATERIALS
423 Orchid Avenue Tentative Parcel Map (PA2018-036)