HomeMy WebLinkAbout02_513 Jasmine, LLC Tentative Parcel Map_PA2021-262 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT January 27, 2022 Agenda Item No. 2 SUBJECT: 513 Jasmine, LLC (PA2021-262) Tentative Parcel Map No. NP2021-015 County Tentative Parcel Map No. 2021-185 SITE LOCATION: 513 and 513 ½ Jasmine Avenue APPLICANT: 513 Jasmine, LLC OWNER: 513 Jasmine, LLC PLANNER: Caitlyn Curley, Planning Technician 949-644-3235 or ccurley@newportbeachca.gov LAND USE AND ZONING General Plan Land Use Plan Category: RT (Two Unit Residential) Zoning District: R-2 (Two-Unit Residential) PROJECT SUMMARY A request for a tentative parcel map for two (2)-unit condominium purposes. An existing duplex has been demolished and a new duplex is currently under construction. No waivers of Title 19 (Subdivisions) are proposed. The tentative parcel map would allow each unit to be sold individually. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project 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; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map No. NP2021-015 (Attachment No. ZA 1). 1
513 Jasmine, LLC (PA2021-262) Zoning Administrator, January 27, 2022Page 2 Tmplt: 05/27/20 DISCUSSION The subject property is zoned Two-Unit Residential (R-2) and has a General Plan Land Use designation of Two Unit Residential (RT). The R-2 Zoning District is intended to provide areas appropriate for development of a maximum of two residential dwelling units on a single legal lot. The proposed subdivision and improvements are for 2-unit condominiums and will allow for the individual sale of each unit. The proposed subdivision is consistent with the density of the R-2 Zoning District and the General Plan Land Use designation of RT. The lot is physically suitable for residential development because it is relatively flat, rectangular, adequately served by existing utilities, and was previously developed with a duplex. The existing duplex was demolished and a new duplex is currently under construction on the project site. The new duplex conforms to all applicable development standards, including floor area limit, setbacks, height, and off-street parking. It has been designed such that each unit will be served by individual water meters, sewer laterals, and cleanouts. Independent fire risers are required for each unit. The project has conditions of approval requiring public improvements, including the reconstruction of sidewalks, curbs, and gutters along the Jasmine Avenue frontage, as well as the undergrounding of utilities, and the installation of new landscaping, including a street tree, along the Jasmine Avenue parkway, consistent with Title 19 (Subdivisions). There are no park or traffic fair share fees incurred on this project, as there is no net increase in the number of dwelling units. The design of the duplex was reviewed by all City Departments. The project is designed so that all wastewater will discharge into the existing sewer system, such that it complies with Regional Water Quality Control Board (RWQCB) requirements. The subject property is not within the Coastal Zone; therefore, a coastal development permit is not required. 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, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 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 2
513 Jasmine, LLC (PA2021-262) Zoning Administrator, January 27, 2022Page 3Tmplt: 05/27/20 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 project is consistent with and eligible for the Class 15 exemption as it does not propose the division of more than four (4) parcels, the division is consistent with the General Plan and Zoning, no variances or exceptions are proposed as part of the project, all services and access to the parcel is available, the parcel has not been divided in the previous two (2) years, and the parcel does not have an average slop greater than 20 percent. Therefore, the proposed project qualifies under the parameters 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. 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: MKN/cnc Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicants Written Statement ZA 4 Project Plans 3
Attachment No. ZA 1 Draft Resolution4
RESOLUTION NO. ZA2022-###A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO. NP2021-015 FOR TWO (2)-UNIT RESIDENTIAL CONDOMINIUM PURPOSES LOCATED AT 513 AND 513 ½ JASMINE AVENUE (PA2021-262) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by 513 Jasmine, LLC, with respect to property located at 513 and513 ½ Jasmine Avenue, and legally described as Lot 13, Block 536, Corona Del Mar Tract,requesting approval of a tentative parcel map.2. The applicant requests a tentative parcel map for two (2)-unit residential condominiumpurposes. An existing duplex has been demolished and a new duplex is underconstruction. No waivers of Newport Beach Municipal Code (NBMC) Title 19(Subdivisions) are proposed. The Tentative Parcel Map would allow each unit to be soldindividually.3. The subject property is designated Two-Unit Residential (RT) by the General Plan LandUse 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, a coastaldevelopment permit is not required.5. A public hearing was held on January 27, 2022, online via Zoom. A notice of time, placeand purpose of the hearing was given in accordance with the Newport Beach MunicipalCode (NBMC). 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 toSection 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, CaliforniaCode of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have asignificant effect on the environment.2. The Class 15 exemption allows the division of property in urbanized areas zoned forresidential, commercial, or industrial use into four (4) or fewer parcels when the division isin 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 involvedin a division of a larger parcel within the previous two (2) years, and the parcel does nothave an average slope greater than 20 percent. The project is consistent with and eligible5
Zoning Administrator Resolution No. ZA2022-###Page 2 of 901-25-19for the Class 15 exemption as it does not propose the division of more than four (4) parcels, the division is consistent with the General Plan and Zoning, no variances or exceptions are proposed as part of the project, all services and access to the parcel is available, the parcel has not been divided in the previous two (2) years, and the parcel does not have an average slop greater than 20 percent. Therefore, the proposed project qualifies under the parameters 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 NBMC Title 19 (Subdivisions) and is approved based on the following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps) of the NBMC: Finding: A. That the proposed map and the design or improvements of the subdivision are consistentwith the General Plan and any applicable specific plan, and with applicable provisions ofthe Subdivision Map Act and this Subdivision Code.Facts in Support of Finding: 1. The Tentative Parcel Map is for two (2)-unit residential condominium purposes. Theproject site was previously developed with a duplex and has been cleared of existingimprovements. A new duplex is under construction. The proposed subdivision andimprovements are consistent with the density of the R-2 Zoning District and the currentRT General Plan Land Use designation.2. The subject property is not located within a 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 duplex because it is relatively flat and rectangular. Itwas also previously developed with a duplex.2. The subject property is accessible from both Jasmine Avenue and the alley in the rear.3. The site is adequately served by existing utilities, as the site was previously developedwith a duplex that is being replaced.6
Zoning Administrator Resolution No. ZA2022-###Page 3 of 901-25-19Finding: C. That the design of the subdivision or the proposed improvements are not likely to causesubstantial environmental damage nor substantially and avoidably injure fish or wildlife ortheir habitat. However, notwithstanding the foregoing, the decision-making body maynevertheless approve such a subdivision if an environmental impact report was preparedfor the project and a finding was made pursuant to Section 21081 of the CaliforniaEnvironmental Quality Act that specific economic, social, or other considerations makeinfeasible the mitigation measures or project alternatives identified in the environmentalimpact report.Facts in Support of Finding: 1. The property is located within an existing residential neighborhood that does not containany sensitive vegetation or habitat on-site.2. This project is exempt from the California Environmental Quality Act (CEQA) pursuantto Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines.Section 2 of this Resolution is hereby incorporated by reference.Finding: D. That the design of the subdivision or the type of improvements is not likely to cause seriouspublic health problems.Fact in Support of Finding: 1. The Tentative Parcel Map is for condominium purposes. All improvements associatedwith the project will comply with all Building, Public Works, and Fire Codes, which are inplace to prevent serious public health problems. Public improvements will be requiredof the developer per NBMC Section 19.28.010 (General Improvement Requirements)and Section 66411 (Local agencies to regulate and control design of subdivisions) ofthe Subdivision Map Act. All ordinances of the City and all Conditions of Approval willbe complied with.Finding: E. That the design of the subdivision or the type of improvements will not conflict witheasements, acquired by the public at large, for access through or use of property within theproposed subdivision. In this connection, the decision-making body may approve a map ifit finds that alternate easements, for access or for use, will be provided and that theseeasements will be substantially equivalent to ones previously acquired by the public. Thisfinding shall apply only to easements of record or to easements established by judgment ofa court of competent jurisdiction and no authority is hereby granted to the City Council todetermine that the public at large has acquired easements for access through or use ofproperty within a subdivision.7
Zoning Administrator Resolution No. ZA2022-###Page 4 of 901-25-19Facts in Support of Finding: 1. Legal access to the property is provided via Jasmine Avenue and a public alley to therear.2. The Public Works Department has reviewed the proposed Tentative Parcel Map anddetermined that the design of the development will not conflict with easements acquiredby the public at large, for access through, or use of property within the proposeddevelopment because no public easements are located on the property.3. Public improvements will be required of the Applicant per the Municipal Code and theSubdivision Map Act. The project is conditioned to require public improvements,including the reconstruction of sidewalks, curbs, and gutters along the Jasmine Avenuefrontage, the undergrounding of utilities, and the installation of new landscaping,including a street tree, along the Jasmine Avenue parkway, consistent with Title 19(Subdivisions).4. There are no existing easements either through or adjacent to the property.Finding: F.That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, ifthe land is subject to a contract entered into pursuant to the California Land ConservationAct of 1965 (Williamson Act), the resulting parcels following a subdivision of the land wouldnot be too small to sustain their agricultural use or the subdivision will result in residentialdevelopment 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 notdesignated as an agricultural preserve and is less than 100 acres in area.2. The site, developed for residential uses, lies in the R-2 Zoning District, which is intendedfor and permits residential uses for up to two (2) units.Finding: G. 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 the8
Zoning Administrator Resolution No. ZA2022-###Page 5 of 9 01-25-19 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 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 Sehousing need and that it balances the housing needs of the region against the public service rces. Fact in Support of Finding: 1. The proposed duplex will replace an existing duplex and is consistent with the R-2 Zoning District, which allows up to 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: 1. The residential building under construction has been designed to have wastewater discharge into the existing sewer system and complies with the Regional Water Quality Control Board (RWQCB) requirements. 9
Zoning Administrator Resolution No. ZA2022-###Page 6 of 901-25-19Finding: K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conformswith the certified Local Coastal Program and, where applicable, with public access andrecreation policies of Chapter Three (3) 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 iscategorically exempt from the California Environmental Quality Act pursuant to Section15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Codeof Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have asignificant effect on the environment.2. The Zoning Administrator of the City of Newport Beach hereby approves Tentative ParcelMap No. NP2021-015, subject to the conditions set forth in Exhibit A, which is attachedhereto and incorporated by reference.3. This action shall become final and effective 10 days following the date this Resolutionwas adopted unless within such time an appeal or call for review is filed with theCommunity Development Director in accordance with the provisions of Title 19Subdivisions, of the Newport Beach Municipal Code.PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF JANUARY, 2022. _____________________________________ Jaime Murillo, Zoning Administrator 10
Zoning Administrator Resolution No. ZA2022-###Page 7 of 901-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. 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. 2. The building permit for the new construction shall not be final until after recordation of the Parcel Map. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 6. 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. 7. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or the leasing agent. 8. 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. 9. 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 513 Jasmine, LLC including, 11
Zoning Administrator Resolution No. ZA2022-###Page 8 of 901-25-19limited to, Tentative Parcel Map No. NP2021-015 (PA2021-262). 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. Fire Department 10. A separate and independent fire sprinkler system shall be installed for each individualdwelling unit.11. A 3-foot-wide path of travel shall be maintained along one (1) side of the structure fromJasmine Avenue and the alley for Fire Department access.Building Division 12. Theand Fire Department. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet allapplicable State Disabilities Access requirements.13. Separate utilities and fire sprinkler risers are required for each unit.Public Works Department 14. A Parcel Map shall be recorded. The map shall be prepared on the California coordinatesystem (North American Datum of 1983, NAD83). Prior to recordation of the map, thesurveyor/engineer preparing the map shall submit to the County Surveyor and the City ofNewport 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 SubdivisionsManual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall15. Prior to recordation of the Parcel Map, the surveyor/engineer preparing the map shall tiethe boundary of the map into the Horizontal Control System established by the CountySurveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange CountySubdivision 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 theSubdivision Engineer. Monuments shall be protected in place if installed prior to completionof construction project.16. All improvements shall be constructed as required by Ordinance and the Public WorksDepartment.12
Zoning Administrator Resolution No. ZA2022-###Page 9 of 9 01-25-19 17. Prior to recordation of the parcel map, the applicant shall reconstruct all damaged curb, gutter and sidewalk along the Jasmine Avenue frontage and all alley panels along the alley frontage per City Standard. 18. Prior to recordation of the parcel map, all private, non-standard improvements within the public right-of-way shall be removed. 19. Prior to recordation of the parcel map, the applicant shall install new sod or low groundcovers of the type approved by the City throughout the parkway fronting the development site. 20. Prior to recordation of the parcel map, a street tree of a type approved by the City shall be installed throughout the Jasmine Avenue parkway fronting the subject property per City standards. 21. Prior to recordation of the parcel map, all existing overhead utilities shall be undergrounded. 22. No above ground improvements shall be permitted within the 5-foot rear alley setback. 23. Each unit shall be served by an individual water meter and sewer lateral and cleanout. Each water meter and sewer cleanout shall be installed with a traffic-grade box and cover. 24. An encroachment permit shall be required for all work activities within the public right-of-way. 25. Standard 110-L. 26. All on-site drainage shall comply with the latest City Water Quality requirements. 27. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way may be required at the discretion of the Public Works Inspector. 13
Attachment No. ZA 2 Vicinity Map14
VICINITY MAP Tentative Parcel Map No. NP2021-015 PA2021-262 513 and 513 ½ Jasmine Avenue Subject Property 15
Attachment No. ZA 3 16
17
Attachment No. ZA 4 Project Plans18
RO
F
19