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HomeMy WebLinkAbout20170928_Staff ReportCOMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT September 28, 2017 Agenda Item No. 2 SUBJECT: 620 Poinsettia Avenue Tentative Parcel Map (PA2017-157) SITE LOCATION: 620 and 620 1/2 Poinsettia Avenue Tentative Parcel Map No. NP2017-018 County Tentative Parcel Map No. 2017-150 APPLICANT: Kim Walker OWNER: Reklaw, LLC, A California Limited Liability Company PLANNER: Liane Schuller, Contract Planner 949-644-3237, lschuller@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN General Plan: Two-Unit Residential (RT) Zone: Two-Unit Residential (R-2) PROJECT SUMMARY A request for a tentative parcel map for condominium purposes. An existing duplex will be demolished and replaced with new duplex, pursuant to Zoning and Building Code requirements. Approval of the Tentative Parcel Map would allow each unit to be sold individually as condominiums. No waivers of Title 19 (Subdivisions) requirements are requested. 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. NP2017-018 (Attachment No. ZA 1). 1 620 Poinsettia Avenue Condominiums Zoning Administrator, September 28, 2017 Page 2 Tmplt: 01/12/17 DISCUSSION  The subject property is approximately 3,540 square feet in area and slopes slightly upward from Poinsettia Avenue to the alley. It is located at the southeast corner of Poinsettia and Fourth Avenues.  An existing duplex originally constructed in 1947, and remodeled in 1988, will be demolished and replaced with a new duplex that will provide the Zoning Code required two-car parking per unit.  Approval and recordation of the Tentative Parcel Map will allow each unit to be sold individually as condominiums.  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 Municipal Code and Subdivision Map Act. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15315, of the State CEQA (California Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). 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. 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. 2 620 Poinsettia Avenue Condominiums Zoning Administrator, September 28, 2017 Page 3 Tmplt: 01/12/17 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. Prepared by: ___________________ Liane Schuller Contract Planner BMZ/ls Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant’s Written Statement ZA 4 County Tentative Parcel Map No. 2017-150 3 Attachment No. ZA 1 Draft Resolution 4 RESOLUTION NO. ZA2017-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP NO. NP2017-018 FOR TWO-UNIT CONDOMINIUM PURPOSES LOCATED AT 620 AND 620 ½ POINSETTIA AVENUE (PA2017-157) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Kim Walker (Applicant), on behalf of Reklaw, LLC, A California Limited Liability Company (Property Owner), with respect to property located at 620 and 620 ½ Poinsettia Avenue, and legally described as Lot 22, Block 643 of the Corona del Mar Subdivision, 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) development standards are proposed with this application. An existing duplex will be demolished and replaced with a new duplex. The Tentative Parcel Map would allow each unit to be sold individually as condominiums. 3. The subject property is designated Two-Unit Residential (RT) by the General Plan Land Use Element and is located within the Two-Unit Residential (R-2) Zoning District. 4. The subject property is not located within the coastal zone; therefore, no coastal development permit is required. 5. A public hearing was held on September 28, 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. 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 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 5 Zoning Administrator Resolution No. ZA2017-### Page 2 of 9 07-11-17 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. 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 (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: 1. The Tentative Parcel Map is for two-unit residential condominium purposes. An existing duplex originally constructed in 1947, and remodeled in 1988, will be 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 slopes slightly upward from Poinsettia Avenue to the alley, which is typical of lots in this area. 2. A duplex has existed on this site since 1947. The proposed project will replace the existing structure with a new duplex that is compliant with all current code requirements. 3. The subject property is located on a corner such that it is accessible from Poinsettia Avenue, Fourth Avenue and from the alley at the rear. It is adequately served by existing utilities. 6 Zoning Administrator Resolution No. ZA2017-### Page 3 of 9 07-11-17 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. See Fact in Support of Finding B2. 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. 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 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. 7 Zoning Administrator Resolution No. ZA2017-### Page 4 of 9 07-11-17 Fact 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 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 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. 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. 8 Zoning Administrator Resolution No. ZA2017-### Page 5 of 9 07-11-17 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 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 proposed 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 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. NP2017-018 (PA2017-157), subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 9 Zoning Administrator Resolution No. ZA2017-### Page 6 of 9 07-11-17 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 NBMC Title 19. PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF SEPTEMBER, 2017. _____________________________________ Patrick J. Alford, Zoning Administrator 10 Zoning Administrator Resolution No. ZA2017-### Page 7 of 9 07-11-17 EXHIBIT “A” CONDITIONS OF APPROVAL 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, 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. 3. 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 NBMC Title 19. 5. A Final 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. 6. 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 orner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 7. A 10-foot radius corner cut-off easement for street and public utility purposes at the Poinsettia Avenue and Fourth Avenue curb return shall be recorded as a part of the Parcel Map. 8. All improvements shall be constructed as required by Ordinance and the Public Works Department. 9. The Applicant shall reconstruct all damaged concrete sidewalk panels, curb and gutter along the Poinsettia Avenue and Fourth Avenue property frontages and any damaged concrete alley panels along the alley property frontage as determined by the Public Works Department. 11 Zoning Administrator Resolution No. ZA2017-### Page 8 of 9 07-11-17 10. A new minimum 5-foot-wide concrete sidewalk shall be constructed along the entire Fourth Avenue frontage. 11. Upon the construction of new concrete sidewalk along the Fourth Avenue frontage, a new Americans with Disabilities Act (ADA) compliant curb access ramp shall be constructed at the Poinsettia Avenue and Fourth Avenue curb return. 12. All existing overhead utilities shall be undergrounded. 13. All above ground improvements shall stay a minimum 5-foot clear of the alley setback. 14. 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. 15. The Applicant shall install new sod or low groundcovers of the type approved by the City throughout the Poinsettia Avenue and Fourth Avenue parkways fronting the development site. 16. 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. 17. An encroachment permit is required for all work activities within the public right-of-way. 18. All improvements shall comply with the City’s sight distance requirement pursuant to City Standard 110-L. 19. The Applicant shall install a new 36-inch box street tree along the Fourth 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. 20. 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. 21. 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 620 Poinsettia Avenue Condominiums including, but not limited to, NP2017-018 (PA2017-157). 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 12 Zoning Administrator Resolution No. ZA2017-### Page 9 of 9 07-11-17 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. 13 Attachment No. ZA 2 Vicinity Map 14 VICINITY MAP Tentative Parcel Map No. NP2017-018 PA2017-157 620 and 620 1/2 Poinsettia Avenue Subject Property 15 Attachment No. ZA 3 Applicant’s Written Statement 16 ACCOMPANYING WRITTEN STATEMENT FOR TENTATIVE PARCEL MAP APPLICATION FOR 620 POINSETTIA AVENUE, CORONA DEL 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 24'h day of July, 20 7, at C ona del Mar, California. 'f-(" ./'-" tl£1t!_p Kim Walker, Applicant and Manager PA2017-157 17 Attachment No. ZA 4 County Tentative Parcel Map No. 2017-150 18 7/28/2017 POINSETTIA A VENUE (128.92) (129.75) (130.35) ~ /AC ~ _AC_\ ___ ~-1""-= N40°34'27"E -55.04' ~ I 129.45 TC ~2 II (128.84)FL ~lO CURB & (130.02)TC (130.52)TC ~C\l GUTTER 129.36 FL 129.84 FL =<'. ==fl===,=====r=:!i::=====!!::::=:::::,..... (.') z 0 _J 5 CD (.') z F (/) x w (.') z 0 _J 5 CD (.') z F (/) x w 136.66 FS @6.49);,e FL 130.82 FS N40°34'27"E 30.03' A 133.30 FF=134.54 FFG=133.98 SINGLE STORY HOUSE FF=135.20 FF=137.34 FS 138.20 FL (130.69)TC 130.08 FL CURB & GUTTER (134.75)TC 134.17 FL (137.50)TC 137.02 FL (138.57) SMH l ~I • SHEET 1 OF 1 TENTATIVE PARCEL MAP NO. 2017-150 JULY 2017 SITE ADDRESS 620 POINSETTIA AVENUE CORONA DEL MAR, CA 92625 (APN: 459-231-11) REAL PROPERTY IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 22, BLOCK 643 OF CORONA DEL MAR TRACT, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 3, PAGES 41 AND 42 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. OWNER/DEVELOPER: REKLAW, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 0 PROPOSED 1 O' RADIUS CORNER CUT-OFF DEDICATED TO THE CITY OF NEWPORT BEACH FOR STREET PURPOSES SCALE= 1" = 16' UL . RAFT, P.L.S. 8516 LICEN EXPIRES 12/31/18 ~INC.~ HUNTINGTON BEACH, CALIFORNIA 92646 PHONE:(714)488-5006 FAX:(71 4)333-4440 APEXLSINC@GMAIL.COM 19