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HomeMy WebLinkAbout02_Linos Residential Condominiums Tentative Parcel Map_PA2021-299 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT March 10, 2022 Agenda Item No. 2 SUBJECT: Linos Residential Condominiums (PA2021-299) ▪ Tentative Parcel Map No. NP2021-017 ▪ County Tentative Parcel Map No. 2021-205 SITE LOCATION: 717 and 717 ½ Narcissus Avenue APPLICANT: SONIL, Inc. dba SONIL Construction OWNER: Michael F. Linos and Julie M. Linos PLANNER: Joselyn Perez, Assistant Planner 949-644-3312, jperez@newportbeachca.gov PROJECT SUMMARY A request for a tentative parcel map for two-unit condominium purposes. An existing duplex has been demolished and a new duplex is under construction. The Tentative Parcel Map would allow each unit to be sold individually. No waivers of Title 19 (Subdivisions) standards are proposed. 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.NP2021-017 (Attachment No. ZA 1). DISCUSSION • The subject property is in the R-2 (Two-Unit Residential) Zoning District. The R-2 District is intended to provide areas appropriate for residential development of up to two units (i.e., a duplex) on a single legal lot. • An existing duplex was demolished under Building Permits No. X2021-2388 and X2021-2389 and a new duplex is under construction pursuant to Building Permit No. X2021-1883. 1 Linos Residential Condominiums (PA2021-299) Zoning Administrator, March 10, 2022 Page 2 Tmplt: 10/18/21 • The subject property measures 36 feet wide by 118 feet deep, is relatively flat, and is comprised of portions of lots. A Certificate of Compliance No. CO2021-014 (PA2021-208) was recorded on November 1, 2021, to recognize the historic subdivision of the property. • The subject property is in an already developed neighborhood and can be adequately served by existing utilities. • 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, cleanouts, and fire risers. • The project has been conditioned to require public improvements, including the reconstruction of sidewalks, curbs, and gutters along the Narcissus Avenue frontage and alley, as needed, as well as the undergrounding of utilities, consistent with Title 19 (Subdivisions) of the Newport Beach Municipal Code (NBMC). • Any non-standard encroachments within the public right of way, including but not limited to brick pavers and fencing, will be removed. An encroachment permit is required for all work activities within the public right-of-way. • This condominium project is exempt from the assessment of Fair Share Fees and In-Lieu Park Dedication fees as the project does not result in the net increase in number of units. • The duplex was reviewed and approved by all City Departments. All wastewater will discharge into the existing sewer system, such that it complies with Regional Water Quality Control Board (RWQCB) requirements. • The proposed subdivision and improvements are consistent with the development standards of the Zoning Code and the policies of the General Plan. 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 or exceptions are required, all services and access to the proposed parcels are available, the parcel was not involved in a 2 Linos Residential Condominiums (PA2021-299) Zoning Administrator, March 10, 2022 Page 3 Tmplt: 10/18/21 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. 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: BMZ/jp Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant’s Written Statement ZA 4 County Parcel Map No. 2021-205 3 Attachment No. ZA 1 Draft Resolution 4 RESOLUTION NO. ZA2022-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO. NP2021-017 FOR TWO (2)-UNIT CONDOMINIUM PURPOSES LOCATED AT 717 AND 717 ½ NARCISSUS AVENUE (PA2021-299) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Michael Linos of SONIL, Inc. dba SONIL Construction (Applicant), with respect to property located at 717 and 717 ½ Narcissus Avenue, and legally described as the northeasterly 21 feet of Lot 17 and the southwesterly 15 feet of Lot 19 in Block 740 of the Corona del Mar Tract requesting approval of a tentative parcel map for condominium purposes. 2. The Applicant requests a tentative parcel map for two (2)-unit condominium purposes. A duplex has been demolished and a new duplex is under construction. The tentative parcel map would allow each unit to be sold individually. No waivers of Newport Beach Municipal Code (NBMC) Title 19 (Subdivisions) are proposed. 3. The subject property is located within the Two-Unit Residential (R-2) Zoning District and the General Plan Land Use Element category is Two Unit Residential (RT). 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 March 10, 2022, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the 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 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 not involved in a division of a larger parcel within the previous two (2) years, and the 5 Zoning Administrator Resolution No. ZA2022-### Page 2 of 9 10-18-21 parcel does not have an average slope greater than 20 percent. The project meets all identified criteria; therefore, it is eligible for 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 20 (Planning and Zoning) 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 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 (2)-unit residential condominium purposes. The project site was previously developed with a duplex and has been cleared of existing improvements. A new duplex is under construction. The proposed subdivision and improvements are consistent with the density of the R-2 Zoning District and the current RT General Plan Land Use category. 2. The subject property is not located within a specific plan area. 3. The project is conditioned to require public improvements, including the reconstruction of sidewalks, curbs, and gutters along the Narcissus Avenue frontage and alley as needed, as well as the undergrounding of utilities, consistent with the Title 19 (Subdivisions) of the NBMC. 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. It was also previously developed with a duplex. 2. The subject property is accessible from both Narcissus Avenue and the alley in the rear. 3. The site is adequately served by existing utilities, as the site was previously developed with a duplex that is being replaced resulting in no increase of density. 6 Zoning Administrator Resolution No. ZA2022-### Page 3 of 9 10-18-21 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. The property is located within an existing residential neighborhood that does not contain any sensitive vegetation or habitat on-site. 2. 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. 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 serious public health problems. Fact in Support of Finding: 1. The Tentative Parcel Map is for 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. ZA2022-### Page 4 of 9 10-18-21 Facts in Support of Finding: 1. The Public Works Department has reviewed the proposed Tentative Parcel Map and determined that 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 no public easements are located on the property. 2. 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, 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, developed for residential use, lies in 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. 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. 8 Zoning Administrator Resolution No. ZA2022-### Page 5 of 9 10-18-21 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 City’s 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 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 duplex 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 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 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. 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 3 of the Coastal Act. Fact in Support of Finding: 1. The subject property is not within the Coastal Zone. 9 Zoning Administrator Resolution No. ZA2022-### Page 6 of 9 10-18-21 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 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. NP2021-017, subject to the conditions set forth in Exhibit “A,” which is attached hereto 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 10th DAY OF MARCH, 2022. _____________________________________ Jaime Murillo, Zoning Administrator 10 Zoning Administrator Resolution No. ZA2022-### Page 7 of 9 10-18-21 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. After the recordation of the Parcel Map and prior to building permit final, 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 description change permit is final. 3. The building permit for the new construction shall not receive final inspection until after recordation of the parcel map. 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 Tentative Parcel Map. 5. 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 NBMC. 6. 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 Linos Residential Condominiums including, but not limited to, Tentative Parcel Map No. 2021-017 (PA2021-299). 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 7. A Parcel Map shall be recorded. The map shall be prepared on the California coordinate system (North American Datum of 1983, NAVD83). 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- 11 Zoning Administrator Resolution No. ZA2022-### Page 8 of 9 10-18-21 330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivisions 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. 8. 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. 9. All improvements shall be constructed as required by Ordinance and the Public Works Department. 10. An encroachment permit shall be required for all work activities within the public right- of-way. 11. All damaged sidewalk panels, curb, gutter, and street along the Narcissus Avenue property frontage and any damaged concrete alley panels along the alley property frontage shall be reconstructed as determined by the Public Works Department. 12. 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. 13. All existing overhead utilities shall be undergrounded. 14. No above ground improvements will be permitted within the 5-foot rear alley setback. Smooth transitions between neighboring properties shall be provided. 15. The Applicant shall remove all existing private, non-standard improvements within the public right-of-way shall be removed, including but not limited to brick pavers and fencing. 16. The Applicant shall install new sod or low groundcovers of the type approved by the City throughout the Narcissus Avenue parkway fronting the development site. 17. The existing street tree along the Narcissus Avenue frontage shall be protected in place. 18. All improvements shall comply with the City’s sight distance requirement. See City Standard 110-L. 19. In case of damage done to public improvements surrounding the development site by private construction, additional reconstruction within the public right-of-way shall be required at the discretion of the Public Works Inspector. 12 Zoning Administrator Resolution No. ZA2022-### Page 9 of 9 10-18-21 Building Division 20. Each unit shall be served by its own independent fire riser. 13 Attachment No. ZA 2 Vicinity Map 14 VICINITY MAP Tentative Parcel Map No. NP2021-017 PA2021-299 717 and 717 ½ Narcissus Avenue Subject Property 15 Attachment No. ZA 3 Applicant’s Written Statement 16 ACCOMPANYING WRITTEN STATEMENT FOR TENTATIVE PARCEL MAP APPLICATION FOR 717 NARCISSUS AVENUE, CORONA DELMAR a. What is the existing use(s) of the property?: The existing use of the property is residential. The purpose of the subdivision is to create a single parcel for two condominium units. b. What improvements and public utilities are proposed to be made or installed and when are said improvements proposed to be completed?: A newly constructed two-unit condominium building will be constructed on the property. The public utilities will be constructed in accordance with the building code and each unit will have a separate service for water, gas, electricity and sewage. The proposed improvements are expected to be completed within the next 12 months. c. What is the provision(s) for sewage and sewage disposal?: Each unit will have a separate sanitary sewage line to the main sewage line in the public right of way. d. What, if any, public area(s) is proposed?: No public areas are proposed. e. What, if any, tree planting(s) is proposed?: 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. If any, briefly list and attach a copy of any restrictive covenants proposed: No restrictive covenants are proposed to be imposed except for a Declaration of Covenants, Conditions and Restrictions to ensure appropriate governance of the use and occupation of the property by two separate condominium unit owners. A .J}tf{ • This statement was signed this ·" vr; day of /V Jv.4-fA ~e4-, 2021, at Newport Beach, California. OWNER: Michael Linos 17 Attachment No. ZA 4 County Parcel Map No. 2021-205 18 ~ cc t:-3 Ol j ~ ..... ..... :--.i ~ t, ( 139 . 35) TC \; 138.70 FL ~;>· .. // ~;, /, /,. /_; .--:-; ~/ .,.../ ~ /,, ..... /;;, v,I .,;, co /;, ~ ~ ::.--; © ,:; ~<-< ~ /~ D /, p ~ ,:-; © ~; c:::;] /, ,:; □ (; ® r-u -::0 zo rrl""'O ~ 8 _., -< .,I::,. 0 Zen G)'--' SHEET 1 OF 1 TENTATIVE PARCEL MAP NO. 2021-205 DECEMBER 2021 SITE ADDRESS 717 NARCISSUS AVENUE CORONA DEL MAR, CA 92625 (APN: 459-071-19) POR. OF LOT 17 & POR. OF LOT 19 BLOCK 740 CORONA DEL MAR M.M. 3/41-42 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS: THE NORTHEASTERLY 21 FEET OF LOT 17 AND THE SOUTHWESTERLY 15 FEET OF LOT 19 IN BLOCK 7 40 OF CORONA DEL MAR IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 41 & 42 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. OWNER/DEVELOPER: MICHAEL F. LINOS AND JULIE M. LINOS, HUSBAND AND WIFE AS JOINT TENANTS SCALE= 1" = 16' PREPARED BY: A. R. H. 12/9/2021 ,:, ,, v ,,, .1--( 139.36) PAUL D. RAFT, P.L.S. 8516 DATE t{. 137.14) v . l> ~ Ll~ENSE EXPIRES 12/31/18 FS \ \> N'ARCI~\ JN. 21008 ____,..,....--7 -l, -;,~✓ ct~· A VENUE ---APRY l,AND SURVBylp "· · ·,.? -~..,_-■-""<:..:) INC. c:::7---- H U NTI N GT□ N BEACH, CALIF□RNIA 92646 PH □NE:(71 4)48B-5006 FAX:(71 4)333-4440 APEXLSINC@GMAIL.C □M 19