HomeMy WebLinkAbout06_Longo Residential Condominiums_PA2018-136CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
July 26, 2018
Agenda Item No. 6
Longo Residential Condominiums (PA2018-136)
SUBJECT: • Tentative Parcel Map No. NP2018-022
• County Tentative Parcel Map No. 2018-142
SITE LOCATION: 621 Narcissus Avenue
APPLICANT: James Person
OWNER: Lorenzo Longo
PLANNER: Liane Schuller, Contract Planner
949-644-3237, Ischuller@newportbeachca.gov
LAND USE AND ZONING
• General Plan: RT (Two -Unit Residential)
• Zoning District : R-2 (Two -Unit Residential)
PROJECT SUMMARY
The applicant requests a tentative parcel map for two -unit condominium purposes. A
residence was demolished and a new duplex is under construction, pursuant to Zoning
and Building Code requirements. Approval of the Tentative Parcel Map (NP) will allow
each unit to be sold individually as condominiums. No waivers of Title 19 (Subdivision)
requirements are proposed.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15315, Class 15 (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. NP2018-022 (Attachment No. ZA 1).
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Longo Residential Condominiums (PA2018-136)
Zoning Administrator, July 26, 2018
Page 2
DISCUSSION
• The project site is located on Narcissus Avenue, at the southwest corner of the
intersection with Fourth Avenue. The lot is rectangular, relatively flat, and
approximately 3,542 square feet in area.
• An existing duplex is currently under construction to condominium standards. The
project site is located outside of the coastal zone, and the issuance of building
permits for demolition of the previously existing improvements and construction of
the new duplex did not require a coastal development permit.
• The new duplex has been designed to provide the code -required two -car parking
per unit as required by Section 20.40.040 (Off -Street Parking Spaces Required).
Vehicular access will be maintained from the alley at the rear of the property. Each
unit will be served by separate utility connections.
• The property is designated for two -unit residential use by the General Plan and
Zoning Code. The new duplex is consistent with this designation and a tentative
parcel map for condominiums does not change the use.
• Approval of the Tentative Parcel Map will allow each unit to be sold individually.
• The new condominium project will conform to current Municipal Code requirements
and meet all Title 19 standards, as detailed in the attached draft Resolution
(Attachment No. ZA 1).
• Public improvements will be required of the applicant per the Municipal 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.
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
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.
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Longo Residential Condominiums (PA2018-136)
Zoning Administrator, July 26, 2018
Page 3
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants 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 NBMC. 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 or call for review 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.
Prepared by:
Lia Schuller
ontract Planner
RU/Is
Attachments: ZA 1
ZA 2
ZA 3
ZA 4
Draft Resolution
Vicinity Map
Applicant's Statement
Tentative Parcel Map
►G�►13���LE:II�Y�:
County Tentative Parcel Map No. 2018-142
3
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING
TENTATIVE PARCEL MAP NO. NP2018-022 FOR TWO -UNIT
CONDOMINIUM PURPOSES LOCATED AT 621 NARCISSUS
AVENUE (PA2018-136)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by James Person ("Applicant'), on behalf of Lorenzo Longo
("Owner"), with respect to property located at 621 Narcissus Avenue, and legally described
as Lot 21, in Block 640 of Tract 186, requesting approval of a tentative parcel map for two -
unit condominium purposes.
2. The Applicant requests a tentative parcel map application for two -unit condominium
purposes. No waiver of Title 19 (Subdivisions) development standards are proposed with
this application. A previously existing residence was demolished and a new residential
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 as
condominiums.
3. The subject property is located within the R-2 (Two -Unit Residential) Zoning District and
the General Plan Land Use Element category is RT (Two -Unit Residential).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on July 26, 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 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.
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 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.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project does not result in cumulative impacts, does not have a significant effect on
the environment due to unusual circumstances, does not damage scenic resources
within a state scenic highway, is not a hazardous waste site, and is not identified as a
historical resource.
SECTION 3. REQUIRED FINDINGS.
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of Title 19 (Subdivisions) of the Newport Beach Municipal Code
(NBMC) and is approved based on the following findings per Section 19.12.070 (Required
Findings for Action on Tentative Maps):
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:
The Tentative Parcel Map is for two -unit residential condominium purposes. An
existing dwelling originally constructed in 1948 has been demolished and replaced
with a new duplex. The proposed subdivision and improvements are consistent with
the density of the R-2 Zoning District and the RT General Plan Land Use
Designation.
2. The proposed project site is not located within 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 two -unit development because it is rectangular in
shape and relatively flat, which is typical of lots in this area.
2. A residential use has existed on this site since 1948. The proposed project will
replace the existing structure with a new, two -unit residential condominium that is
compliant with all current code requirements.
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3. The subject property is located such that it is accessible from Narcissus Avenue and
from the alley at the rear. Vehicular access to the site will be maintained from the
alley. The property is adequately served by existing utilities.
Finding:
C. 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. A residential use has existed on this site since 1948. The proposed project will
replace the existing structure with a new, two -unit residential condominium that is
compliant with all current code requirements.
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
Divisions).
Finding:
D. 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.
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
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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.
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:
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 is developed for residential use and is within the R-2 Zoning District, which
is intended for and 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. 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 does not contain fifty (50) or more parcels of land.
2. The project is not located within a specific plan area.
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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.
Fact in Support of Finding:
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:
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.
Fact in Support of Finding:
The residential 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.
Fact in Support of Finding:
The new duplex has been designed and will be constructed 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.
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Facts in Support of Finding:
1. The subject property is not located within the Coastal Zone.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2018-022, 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 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 26' DAY OF JULY, 2018.
Patrick J. Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division
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 Narcissus Avenue Avenue Residential Condominiums including, but not
limited to, Tentative Parcel Map No. NP2018-022 (PA2018-136). 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 Narcissus 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. All existing private, non-standard improvements, including but not limited to garden
walls, within the public right-of-way fronting the development site shall be removed.
12. Prior to the final of building permits, the property owner shall install new sod or low
groundcovers of the type approved by the City throughout the Narcissus Avenue and
Fourth Avenue parkways fronting the development site.
13. 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.
14. An encroachment permit shall be required for all work activities within the public right-
of-way.
15. All improvements shall comply with the City's sight distance requirement pursuant to
City Standard 110-L.
16. Tree removal shall be approved by the Public Works General Services Division. Prior to
the final of building permits, the property owner shall install four new 48 -inch box street
trees along the Narcissus 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.
17. The property owner shall install a new curb ramp at the corner of Fourth Avenue and
Narcissus Avenue.
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18. The property owner shall provide a 10 -foot radius corner cut-off dedication to the City
for street purposes.
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.
Building Division
20. The property owner shall provide independent utility services, including separate fire
sprinkler risers, for each condominium unit.
13
Attachment No. ZA 2
Vicinity Map
14
VICINITY MAP
Tentative Parcel Map No. NP2018-022
PA2018-136
621 Narcissus Avenue
15
Applicant's Statement
1(
PA2018-136
ACCOMPANYING WRITTEN STATEMENT FOR TENTATIVE
PARCEL MAP APPLICATION FOR
621 NARCISSUS CORONA ®EL MAR
a. The existing use of the property is residential. The purpose of the subdivision is to create
a single parcel for two condominium units.
b. A newly constructed two unit condominium building will be constructed on the property.
The public utilities will be built in compliance with the building code and each unit will a
separate service for water, gas, electricity and sewage.
c. Each unit will have a separate sanitary sewage line to the main sewage line in the public
right of way.
d. No public areas are proposed unless imposed by the City of Newport Beach.
e. No trees are to be planted except as shown on the landscape plan and/or imposed as
a condition by the City of Newport Beach.
f. There are no restrictive covenants to be imposed except for the Units' CC&R's,
concerning the occupation and use of the property.
This statement was signed this 10`h day of May, 2018, at Newport Beach, California
Lorenzo /ngo, Mangy r
17
Attachment No. ZA 4
Tentative Parcel Map No. NP2018-022
County Parcel Map 2018-142
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HUNTINGTON
BEACH, CALIFORNIA 92646
PHONE:(714)4BB-5006 FAX:(714)333-4440
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