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HomeMy WebLinkAboutZA2021-058 - APPROVING TENTATIVE PARCEL MAP NO. NP2021-013 TO SUBDIVIDE AN EXISTING PARCEL TO AN UNDERLYING TRACT CONFIGURATION OF TWO PARCELS LOCATED AT 15 MUIR BEACH CIRCLE (PA2021-216)RESOLUTION NO. ZA2021-058 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. NP2021-013 TO SUBDIVIDE AN EXISTING PARCEL TO AN UNDERLYING TRACT CONFIGURATION OF TWO PARCELS LOCATED AT 15 MUIR BEACH CIRCLE (PA2021-216) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by SMA Muir Beach, LLC (Applicant), with respect to property located at 15 Muir Beach Circle, and legally described as Parcel 1 of Resubdivision No. 553, in the City of Newport Beach, County of Orange, State of California as shown on parcel maps, in Book 103, Page(s) 35, of parcel maps in the Office of the County Recorder of said county, requesting approval of a tentative parcel map. 2. The applicant requests approval of a tentative parcel map to subdivide an existing parcel to an underlying tract configuration of two parcels. No new construction is proposed as part of this project. No waivers of Title 19 (Subdivisions) are proposed. The tentative parcel map would allow for the future development of a single-family residence on each parcel. 3. The subject property is located within the PC-3 (Harbor View Hills Planned Community) Zoning District and the General Plan Land Use Element category is RS-D (Single Unit Residential Detached). 4. The subject property is not located within the coastal zone; therefore, a coastal development permit is not required. 5. A public hearing was held on October 28, 2021, online via Zoom. 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 categorically 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, Division 6, 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 Zoning Administrator Resolution No. ZA2021-058 Page 2 of 10 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 subject property is a squarely shaped parcel with a less than 20 percent slope. The Tentative Parcel Map is for two new single-family residences, conforms to the General Plan land use and Zoning Code development standards, 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 of the Newport Beach Municipal Code and is approved based on the following findings provided by 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 subdivide an existing parcel to an underlying tract configuration of two (2) parcels. A single-family residence will be demolished and two (2) new single-family residences will be constructed on each parcel. 2. The property is designated as single unit residential detached (RS-D) by the General Plan and is located in the Harbor View Hills (PC-3) Zoning District. These designations allow for a range of detached single-family residential dwellings. The newly created parcels will be consistent with this designation and the tentative parcel map. Future development of each project site will be required to comply with the Zoning Code standards. 3. General Plan Policy LU4.2 (Prohibition of New Residential Subdivisions) prohibits new residential subdivisions that would result in additional dwelling units unless authorized by an amendment of the General Plan. Lots that have been legally merged through the Subdivision Map Act and City Subdivision Code are exempt and may be re-subdivided to the original underlying legal lots. In this case, the subject property has been previously merged under Resubdivision No. 553 and will be re- subdivided to the original underlying legal lots of Tract Map No. 7386. Therefore, this subdivision is exempt from the requirement for a General Plan amendment in accordance with Policy LU4.2. 4. The subject property is not located within a specific plan area. Zoning Administrator Resolution No. ZA2021-058 Page 3 of 10 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 single-family residential development on each parcel once it is subdivided because it is regular in shape with a less than 20 percent slope. A single-family residence will demolished and two new single-family residences will be constructed on each parcel. 2. The subject property is a less than 20 percent sloping lot and measures approximately 23,985 square feet in area. Each newly created parcel will meet the minimum lot size of 6,000 square feet in area for the PC-3 Zoning District. 3. The PC-3 Zoning District does not discuss a minimum lot width requirement. Therefore, all applicable provisions and requirements of the Newport Beach Municipal Code apply. The newly created parcels conform to the minimum lot width standard for the R-1 (Single-Family Residential) zoning district of 50 feet. In this case, Parcel 1 has a proposed lot width of 59.34 feet and Parcel 2 has a proposed lot width of 68.97 feet, which revert back to the original approved Tract Map No. 7386. The newly created parcels will conform to current Newport Beach Municipal Code (NBMC) requirements and will meet all Title 19 (Subdivisions) standards. 4. The subject property is accessible from Muir Beach Circle and Goleta Point Drive. The site is adequately served by existing utilities and the proposed subdivision will maintain vehicular and emergency access by maintaining existing private streets. 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 single-family residence will demolished and two new single-family residences will be constructed on each parcel. 2. The property is located in an urbanized area that does not contain any sensitive vegetation or habitat. Zoning Administrator Resolution No. ZA2021-058 Page 4 of 10 3. The project is categorically exempt under Section 15315 (Article 19 of Chapter 3) of the 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. 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. Public improvements, such as repairing and replacing broken and/or otherwise damaged sidewalk panels and curb/gutter along the Muir Beach Circle and Goleta Point Drive property frontages, protection of the existing City street tree along the Goleta Point Drive frontage, the installation of two (2) new 36-inch box street trees along the Muir Beach Circle project frontage, and removal of all private encroachments within the Muir Beach Circle frontage, including, but not limited to, walkways and decorative mailbox, will be required of the applicant per the NBMC and Subdivision Map Act. 2. 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. 3. 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. Fact in Support of Finding: 1. The design of the two (2) new single-family residences will not conflict with the 6-foot Southern California Edison easement, the 6-foot private telephone easement, and the Spyglass Hill Community Association easement, for access through, or use of property within the proposed development. Zoning Administrator Resolution No. ZA2021-058 Page 5 of 10 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 property was previously developed with a residential use and is located 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. 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. 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: 1. The Tentative Parcel Map and any future improvements are subject to Title 24 of the California Code of Regulations (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. Zoning Administrator Resolution No. ZA2021-058 Page 6 of 10 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: 1. The proposed subdivision is consistent with the R-1 (Single-Unit Residential) Zoning District, which is intended to provide for a range of detached single-family residential dwelling units, each located on a single legal lot. The tentative parcel map would allow for the future development of a single-family residence on each parcel. Therefore, the Tentative Parcel Map will contribute one (1) additional dwelling unit toward the City’s regional housing needs. 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: 1. The newly created parcels 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. Fact 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 finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code Zoning Administrator Resolution No. ZA2021-058 Page 7 of 10 of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel Map No. NP2021-013, subject to the conditions set forth in Exhibit “A,” which is attached here to and incorporated by reference. 3. 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 Subdivisions. PASSED, APPROVED, AND ADOPTED THIS 28th DAY OF OCTOBER, 2021. Zoning Administrator Resolution No. ZA2021-058 Page 8 of 10 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. 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. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. Prior to recordation of the parcel map, the existing single-unit dwelling shall be demolished. 5. Prior to the issuance of building permits for the each newly created single-unit dwelling, the parcel map shall be recorded. 6. Prior to recordation of the parcel map, park fees for one (1) additional unit shall be paid (currently $30,217). 7. Prior to recordation of the parcel map, fair share traffic fees for one (1) additional unit shall be paid (currently $2,579). 8. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise- generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Sundays or Holidays. 10. 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 SMA Muir Beach, LLC Tentative Parcel Map, including, but not limited to, Tentative Parcel Map No. NP2021-013 (PA2021-216). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' Zoning Administrator Resolution No. ZA2021-058 Page 9 of 10 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 11. 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 Sections 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. 12. 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 Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (1-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. 13. All improvements shall be constructed as required by Ordinance and the Public Works Department. 14. All damaged curb, gutter, and sidewalk along the Muir Beach Circle and Goleta Point Drive frontages shall be reconstructed per City Standard. 15. The existing City street tree along the Goleta Point Drive frontage shall be protected in place. 16. Two (2) new 36-inch box street trees shall be installed along the Muir Beach Circle project frontage, one (1) each per lot. 17. 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. 18. All private encroachments shall be removed within the Muir Beach Circle frontage, including, but not limited to, walkways and decorative mailbox. 19. The existing driveway approach along Muir Beach Circle frontage shall be plugged per City Standard STD-165. Zoning Administrator Resolution No. ZA2021-058 Page 10 of 10 20. All existing curb drains along Muir Beach Circle and Goleta Point Drive frontages shall be abandoned and a new curb and gutter shall be installed per City Standard STD-182. 21. All improvements shall comply with the City’s sight distance requirement. See City Standard 110-L. 22. All on-site drainage shall comply with the latest City Water Quality requirements. 23. 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. Fire Department 24. Fire sprinklers shall be installed for each newly created single-unit dwelling.