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HomeMy WebLinkAboutZA2012-028 Balboa Boulevard Parcel MapRESOLUTION NO. ZA 2012 -028 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING TENTATIVE PARCEL MAP NO. NP2012 -006 FOR A PARCEL MAP FOR TWO -UNIT CONDOMINIUM PURPOSES. (PA2012 -061) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by James Candelmo, representing the property owner, Wayne Diaz, with respect to property located at 408 E. Balboa Boulevard, and legally described as Lot 11, Block 3, of the Balboa Tract, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 4, Page 11 of miscellaneous maps, in the Office of the County Recorder of said Orange County requesting approval of a Tentative Parcel Map. 2. The applicant requests a tentative parcel map for two -unit condominium purposes. No exceptions to the Title 19 (Subdivision Code) development standards are proposed with this application. The code required two -car parking per unit will be provided. The property was occupied by a mixed use building that contains commercial floor area and single - family residence that was demolished in February 2012 and will be replaced by a two -unit duplex currently under construction. 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 located within the Two -Unit Residential (RT -E) coastal zone category. 5. A public hearing was held on July 25, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting 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 meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project has been reviewed, and it qualifies for a categorical exemption pursuant to Section 15301 of the California Environmental Quality Act under Class Class 15 (Minor Land Divisions) of the Implementing Guidelines of the California Environmental Quality Act. 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 Zoning Administrator Resolution No. ZA 2012 -028 Page 2 of 9 in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. The proposed 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 proposed 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 per Section 19.12.070 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 The proposed Parcel Map is for two -unit condominium purposes. An existing mixed - use building was demolished and is being replaced with a new duplex. The proposed subdivision and improvements are consistent with the density of the R -2 Zoning District and the current General Plan Land Use Designation "Two Unit Residential'. Finding B. That the site is physically suitable for the type and density of development. Facts in Support of Finding 1. The lot is rectangular in shape, has a slope of less than 20 percent, and is suitable for two unit development. Finding C. That the design of the subdivision or the proposed improvements will not 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. Zoning Administrator Resolution No. ZA 2012 -028 Page 3 of 9 Facts in Support of Finding 1. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 15 (Minor Land Divisions) which 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 to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. The proposed parcel map is for condominium purposes and is consistent with all of the requirements of the Class 15 exemption. Finding D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding 1. The proposed parcel map is for residential condominium purposes. All construction for the project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Section 19.28.010 of the Municipal Code and Section 66411 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 easements 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. Facts in Support of Finding 1. The design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development as there are no public easements that are located on the property. Zoning Administrator Resolution No. ZA 2012 -028 Page 4 of 9 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 since the subject property is not designated as an agricultural preserve and is less than 100 acres. Finding G. That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) 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. The property is not a "land project' as defined in Section 11000.5 of the California Business and Professions Code. 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. Facts in Support of Finding 1. The proposed parcel map and 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 Department enforces Title 24 compliance through the plan check and inspection process. Finding 1. 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 Zoning Administrator Resolution No. ZA 2012 -028 Page 5 of 9 public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding 1. The allowed residential density on the site will remain the same, which allows two units in the R -2 Zoning District. Therefore, the parcel map for condominium purposes will not affect the City in meeting its regional housing need. 2. The increase in units requires the payment of in -lieu fees for park dedication and housing. Finding J. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding 1. Wastewater discharge into the existing sewer system has been designed to comply 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 located within the Coastal Zone and conforms to the Coastal Land Use Plan designation for two -unit residential, however it is not subject to public access requirements. Finding L. That public improvements will be required of the Applicant per the Municipal Code and the Subdivision Map Act. Facts in Support of Finding 1. The project has been conditioned to require public improvements including reconstructing existing broken or otherwise damaged sidewalks, curbs, and gutters; and the planting of a tree. Zoning Administrator Resolution No. ZA 2012 -028 Page 6 of 9 [01x0rLOW Malx37f.9[•]11421 NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Parcel Map No. NP2012 -006 (PA2012 -061), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective ten days after adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF JULY, 2012. Ia Wisneski, AIPP, Zoning Administrator Zoning Administrator Resolution No. ZA 2012 -028 Page 7 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL 1. A parcel map shall be recorded. The Map shall be prepared on the California coordinate system (NAD88). Prior to recordation of the Map, the surveyor /engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 2. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. All improvements shall be constructed as required by Ordinance and the Public Works Department. 4. Prior to recordation of the parcel map an in -lieu park dedication and affordable housing fee shall be paid for the additional residential unit. 5. All existing overhead utilities shall be undergrounded in accordance with Section 19.28.090 of the Municipal Code. 6. All above ground improvements shall stay at a minimum 5 -foot clear of the alley setback. 7. 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. Water meter and the sewer cleanout shall be located within the Public right -of- way. 8. An encroachment permit is required for all work activities within the public right -of -way. 9. All on -site drainage shall comply with the latest City Water Quality requirements. 10. A Public Works Department encroachment permit inspection is required before the Building Division permit final can be issued. At the time of Public Works Department inspection, if any of the existing public improvements surrounding the site is damaged, new concrete sidewalk, curb and gutter, and alley /street pavement will be required and Zoning Administrator Resolution No. ZA 2012 -028 Page 8 of 9 100% paid by the owner. Said determination and the extent of the repair work shall be made at the discretion of the Public Works Inspector. 11. Each dwelling unit shall be served with individual gas and electrical service connection and shall maintain separate meters for the utilities. 12. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 13. Fire sprinkler system is required per California Fire Code Section 903.2.8. 14. Smoke alarms shall be installed on the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. In each room used for sleeping purposes and in each story within a dwelling unit. 15. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport Beach Municipal Code, approved street numbers or addresses shall be placed on all new and existing buildings in such a location that is plainly visible and legible from the street or road fronting the subject property. Said numbers shall be of non - combustible materials, shall contrast with the background, and shall be either internally or externally illuminated to be visible at night. Numbers shall be no less than four inches in height with a one -inch wide stroke. The Planning Division Plan Check designee shall verify the installation of the approved street number or addresses during the plan check process for the new or remodeled structure. 16. Subsequent to recordation of the Parcel Map, the applicant shall apply for a building permit for description change of the subject project development from "duplex" to "condominium." The development will not be condominiums until this permit is finaled. The building permit for the new construction shall not be finaled until after recordation of the Parcel Map. 17. 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 408 East Balboa Boulevard Parcel Map including, but not limited to, the PA2012 -061. 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 Zoning Administrator Resolution No. ZA 2012 -028 Page 9 of 9 applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 18. This Parcel Map shall expire if the map has not been recorded within three years of the date of approval, unless an extension is granted by the Planning Director in accordance with the provisions of Section 19.16 of the Newport Beach Municipal Code.