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HomeMy WebLinkAboutZA2018-087 - TENTATIVE PARCEL MAP TO CONSOLIDATE THREE LOTS AND A PORTION OF A PARCEL INTO A SINGLE PARCEL - 1700, 1730, and 1800 WEST COAST HIGHWAYRESOLUTION NO. ZA2018-087 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP NO. NP2016-015 TO CONSOLIDATE THREE LOTS AND A PORTION OF A PARCEL INTO A SINGLE PARCEL LOCATED AT 1700, 1730, AND 1800 WEST COAST HIGHWAY (PA2016-150) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Coast Community College District, with respect to property located at 1700, 1730, and 1800 West Coast Highway, and legally described as Lots 61, 62, and 63 of Tract No. 1210 and a portion of existing Parcel 1 requesting approval of a tentative parcel map. 2. The applicant proposes a tentative parcel map to consolidate three existing lots and a portion of a parcel into a single parcel for a future development by Coast Community College District. 3. The lots located at 1700 West Coast Highway are designated General Commercial (CG) by the General Plan Land Use Element and are located within the Commercial General (CG) Zoning District. The parcel located at 1730 and 1800 West Coast Highway is designated Public Facilities (PF) by the General Plan and is located within the Public Facilities (PF) Zoning District. 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 hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Class 15 (Minor Land Divisions). 2. The Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four (4) or fewer parcels when the division is in conformance with the General Plan and Zoning, no variances or exceptions are required, all services and access to the proposed parcels are available, the parcel was not involved in a division of a larger parcel within the previous two (2) years, and the parcel does not have an average slope greater than 20 percent. The Tentative Par cel Zoning Administrator Resolution No. ZA2018-087 Page 2 of 9 04-24-18 Map is for a future project by the Coast Community College District and is consistent with all of the requirements of the Class 15 exemption . SECTION 3. REQUIRED FINDINGS. The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent with the legislative intent of Title 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: 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 to consolidate lots for a future Coast Community College District project. The future development would be consistent with the existing General Plan land use designations of PF and CG; however, pursuant to Government Code Section 53094, the State Board has exempted itself from local zoning. 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 the future Coast Community College building and parking with its regular shape and relatively flat development area. 2. The property is accessible from West Coast Highway. 3. In general, the property is adequately served by existing utilities. There are specific conditions included in the resolution that requires additional analysis to confirm the utilities are adequate and requires the applicant to improve them if necessary. 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, th e decision making body may nevertheless approve such a subdivision if an environmental impact report Zoning Administrator Resolution No. ZA2018-087 Page 3 of 9 04-24-18 was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, o r other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. Los 61, 62, and 63 are vacant and adjacent the existing Orange County Sanitation pump station. Parcel 1 includes the Orange County Sanitation Rocky Point pump station. The portion of Parcel 1 included in the Tentative Parcel Map includes a portion of the access driveway from West Coast Highway to the pump station. 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. Facts in Support of Finding: 1. The Tentative Parcel Map is for a future State of California Coast Community College project. 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 establis hed 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. Zoning Administrator Resolution No. ZA2018-087 Page 4 of 9 04-24-18 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. 2. Easements are included on the Tentative Parcel Map to maintain access and pipeline purposes for the Orange County Sanitation District Rocky Point pump station. 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 lies in zoning districts that permit school 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 site does not contain 50 or more parcels of land. 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. Zoning Administrator Resolution No. ZA2018-087 Page 5 of 9 04-24-18 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 o f the regional housing need and that it balances the housing needs of the region against the public service needs of the City’s residents and available fiscal and environmental resources. Facts in Support of Finding: 1. The parcel will not be for residential purposes. 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 future Coast Community College development 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. Zoning Administrator Resolution No. ZA2018-087 Page 6 of 9 04-24-18 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel Map No. NP2016-015), 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 an appeal is filed with the City Council in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 26th DAY OF JULY, 2018. Zoning Administrator Resolution No. ZA2018-087 Page 7 of 9 04-24-18 EXHIBIT “A” CONDITIONS OF APPROVAL CONDITIONS: 1. Construction surety in a form acceptable to the City, guaranteeing the completion of the various required public improvements, shall be submitted to the Public Works Department prior to approval of the Final Parcel Map and release for recordation. 2. 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 images will not be accepted. 3. 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. 4. All improvements shall be constructed as required by Ordinance and the Public Works Department. 5. The existing broken and/or otherwise damaged concrete sidewalk panels along the West Coast Highway frontage shall be reconstructed. A CalTrans permit is required. The sidewalk shall be located adjacent to the future property line (along the northerly side of the 12-foot dedication area). Sidewalk width shall be a minimum of 6 feet at all locations (including areas adjacent to tree wells, etc.) and shall accommodate for sight distance at both project driveways, per STD-110-L. See attached exhibit/option B. 6. The existing broken and/or otherwise damaged concrete curb and gutter (at current location) along the West Coast Highway frontage shall be reconstructed. A CalTrans permit is required. 7. All existing overhead utilities servicing the project site shall be undergrounded. 8. All existing drainage facilities in the West Coast Highway right -of-way, including the existing curb drains shall be retrofitted to comply with the City’s on-site non-storm runoff retention requirements. Zoning Administrator Resolution No. ZA2018-087 Page 8 of 9 04-24-18 9. All existing private, non-standard improvements the CalTrans right-of-way and/or extensions of private, non-standard improvements into the CalTrans right-of-way fronting the development site shall be removed. 10. New low groundcover of the type approved by the City shall be installed throughout the West Coast Highway parkway fronting the development site. 11. A CalTrans encroachment permit is required for all work activities within the West Coast Highway right-of-way. 12. A City of Newport Beach encroachment permit is required for all work activities on or around the City’s utilities infrastructure. 13. All improvements shall comply with the City’s sight distance requirement. See City Standard 110-L and Municipal Code 20.30.130. 14. In case of damage done to public improvements and infrastructure surrounding the development site by the private construction, additional reconstruction could be required at the discretion of the Public Works Inspector. 15. All on-site drainage shall comply with the latest City Water Quality requirements. 16. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at property line. If the sewer lateral to be abandoned has an existing cleanout, abandonment shall include removal of the cleanout riser, the 4TT box and the wye. Sewer lateral shall then be capped where the wye used to be. 17. All new and existing domestic water services shall be protected by a City appr oved reduced pressure backflow assembly. 18. All new and existing landscaping services shall be protected by a City approved reduced pressure backflow assembly. 19. All new and existing fire services shall be protected by a City approved double check detector assembly. 20. Evidence of adequate fire flow shall be provided to the City. In the event that the existing water main cannot provide sufficient fire flow to the project, said main shall be reconstructed, at no cost to the City. Extent of repair shall be determined by the City Engineer or his/her representative, with maximum reconstruction limited to the property’s frontage. Based on previous discussions, a connection between the City’s 6-inch and 24-inch water mains may be required in order for the project to obtain the required fire flow as determined by the Fire Department. 21. All new and existing sewer services shall have a new sewer cleanout per City standards. Zoning Administrator Resolution No. ZA2018-087 Page 9 of 9 04-24-18 22. An offer of dedication (in fee) for street purposes along the property’s southerly property line shall be executed and recorded prior to recordation of Parcel Map. Area of dedication shall vary in width from 6 feet 5 inches beginning at face of the existing pelican wall to 12 feet at the southeasterly corner of Parcel 1 of Parcel Map, in said City of Newport Beach, per map filed March 6, 1974 in Book 59, Page 6 of Parcel Maps, in said office of the County recorder. 23. 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 19 Subdivisions of the Newport Beach Municipal Code. 24. 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 Coast Community College Tentative Parcel Map including, but not limited to, Tentative Parcel Map No. NP2016-015 (PA2016-150). 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.