HomeMy WebLinkAbout4.0_Moriarty Parcel Appeal_PA2008-207CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
February 19, 2008 Meeting
Agenda Item 4
SUBJECT: Moriarty Parcel Map Appeal (PA2008 -207)
2128 Mesa Drive
• Parcel Map No. NP2008 -024
APPLICANT/
APPELLANT: Richard Moriarty
PLANNER: Planning Department
Makana Nova, Assistant Planner
(949) 644 -3249, mnovaCcD city. newport- beach. ca. us
PROJECT SUMMARY
The applicant requests a parcel map to combine existing portions of lots and parcels
into a single parcel of land for single - family development. The applicant has appealed
the decision of the Zoning Administrator to the Planning Commission in order to remove
conditions requiring the establishment and improvement of an ingress /egress access
easement to the property and Coastal Commission approval prior to the recordation of
the Parcel Map.
RECOMMENDATION
1. Conduct a de novo hearing; and
2. Deny the appeal and uphold and affirm the decision of the Zoning Administrator
and approve Parcel Map No. NP2008 -024, subject to the findings and conditions of
approval included within the attached draft resolution (Exhibit1).
GENERAL PLAN
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VICINITY MAP
Moriarty Parcel Map Appeal
February 19, 2009
Page 2
Subject Property
ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON -SITE Single -Unit Residential Residential Agricultural Single - Family Residence /Winery
Detached (RS-D) AR -A
NORTH Single -Unit Residential SP -7 Santa Ana Heights, Residential Equestrian
Detached (RS -D) Residential Equestrian
SOUTH Open Space (OS) Reper Newport PCy44 Open Space
rk EAST Single -Unit Residential Residential Agricultural Single - Family Residence
Detached (RS -D) (R -A)
Single -Unit Residential Residential Agricultural Orange County Flood Control
WEST Detached (RS -D) (R -A) Channel, Ingress /Egress
3
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Moriarty Parcel Map Appeal
February 19, 2009
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Introduction
Proiect Settina and Descriotion
The subject property is located in the R -A (Residential - Agricultural) District in Santa Ana
Heights along Mesa Drive. The property is land- locked as there is no recorded access
easement for the subject property. Access is currently obtained through a driveway to
Mesa Drive. The property is 135,036 square feet in area and is roughly rectangular in
shape.
The property has several accessory structures associated with grape growing and wine
production. Demolition and construction of a new single family residence was approved
in 2003 under Plan Check No. 0930 -2003. A hold was placed on the building permit
final pending approval and recordation of the Parcel Map.
The applicant requests to combine 14 existing portions of lots and parcels into a single
parcel of land for single - family development with accessory structures. The proposed
parcel merger was previously approved with similar conditions of approval through
Parcel Map No. NP2003 -020 (PA2003 -151) (Exhibit 2). However, the Parcel Map
expired before it was recorded.
Zoning Administrator Action
The Zoning Administrator held a public hearing on Parcel Map No. NP2008 -024 on
December 8, 2008. The applicant agreed to comply with all conditions of approval. The
Zoning Administrator approved the application subject to the findings and conditions in
the attached Zoning Administrator Hearing Action Report and Approval Letter (Exhibit
3).
Discussion
The Appeal
On December 22, 2008, an appeal of the Zoning Administrator's decision was filed by
the applicant. The applicant's appeal letter states that the conditions of approval are
"unreasonable, impossible, unconscionable, and unnecessary" and requests that the
Planning Commission remove the conditions relating to the ingress /egress access
easement (Condition Nos. 16 & 17) and Coastal Commission approval (Condition No.
22). The full appeal letter submitted by the applicant is attached (Exhibit 4).
Pursuant to Municipal Code Section 20.95.060.C, a public hearing on an appeal is
conducted "de novo," meaning that it is a new hearing and the decision being appealed
has no force or effect as of the date the appeal was filed. The appellate body is not
bound by the decision being appealed or limited to the issues raised on appeal.
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Moriarty Parcel Map Appeal
February 19, 2009
Page 4
Analysis
A memorandum to the Zoning Administrator containing an analysis of the project is
attached (Exhibit 5). This analysis summarizes the applicant's request for revisions to
the conditions approved by the Zoning Administrator and provides staff's responses for
the Planning Commission's consideration.
Conditions Relating to the Ingress /Egress Access Easement
Condition No. 16 states:
"All vehicular access to the property shall be from the ingress /egress easement to Mesa
Drive, unless otherwise approved by the City Council. Reference to recorded
instruments covering rights for ingress, egress, and utility services to the property shall
be shown on the final parcel map. The easement shall be approved by the Planning
Department, City Attorney's Office, the Department of Fish and Game, the County of
Orange Parks and Recreation Commission, and the Orange County Flood Control
District prior to recordation of the Parcel Map."
Condition No. 17 states:
"The applicant shall complete roadwork improvements on the ingress /egress and
utilities easement to the subject property to the satisfaction of the Public Works
Department prior to recordation of the parcel map. The required improvements shall, at
a minimum, include the construction of a 20 -foot wide, paved driveway with drainage
improvements including a bottomless trench drain at the end of the driveway."
Condition Nos. 16 and 17 require the establishment and improvement of a recorded
ingress /egress access easement to the subject property. The applicant requests that
the Planning Commission remove Condition Nos. 16 and 17 on grounds that recorded
access is not necessary to satisfy the City's request to consolidate the portions of lots
and parcels into a single parcel and that the request is unreasonable because the
easement is impossible to record and improve due to failed negotiations to establish the
easement in the past. The applicant also contends that the property already holds
recorded access.
Response:
The Need to Provide Access. Section 19.24.050 of the Subdivision Code requires
access to lots, "Subdivisions shall be designed so that all lots or parcels have access to
a public or private street improved to the standards required by this title." As stated
above, recorded access is necessary to satisfy the request to consolidate the portions
of lots and parcels into a single parcel of land for single - family development. Condition
Nos. 16 and 17 require that the parcel map reference the recorded access easement
Moriarty Parcel Map Appeal
February 19, 2009
Page 5
and improve the easement in compliance with the subdivision design requirements and
standards in the Subdivision Code.
Improvement of the Easement. Section 19.28.030 of the Subdivision Code, Limitations
on Parcel Map Improvements, (66411.1) states,
"A. Limitation. In accordance with Section 66411.1 of the Subdivision Map
Act, improvement requirements for parcel maps creating 4 or fewer lots
shall be limited to the dedication of rights -of -way and easements, and
the construction of offsite and onsite improvements for the parcels
being created. Requirements for the construction of such offsite and
onsite improvements shall be noticed by a statement on the parcel
map, on the instrument evidencing the waiver of the parcel map, or by
a separate instrument. Such improvement requirements shall be
recorded on, concurrently with, or prior to the map or instrument of
waiver of a parcel map being filed for record.
B. Timing of Improvements. Fulfillment of parcel map construction
requirements shall not be required until the time a permit or other grant
of approval for development of the parcel is issued by the City or until
the time the construction of the improvements is required pursuant to
an agreement between the subdivider and the City, except that in the
absence of such an agreement, the City may require fulfillment of the
construction requirements within a reasonable time following approval
of the tentative parcel map and prior to the issuance of a permit or
other grant of approval for the development of a parcel upon a finding
by the City that fulfillment of the construction requirements is
necessary for either of the following reasons: (1) The public health and
safety; or (2) The required construction is a necessary prerequisite to
the orderly development of the surrounding area."
Condition Nos. 16 and 17 ensure that Mr. Moriarty will secure the dedication of a right -
of -way easement and improve the right -of -way for the public health, safety, and the
orderly development of the surrounding area.
Revision to Condition No. 17. Condition No. 17 was revised from the condition approved
by the Zoning Administrator to specify the type of improvements that will be required by
the Public Works Department consistent with the design requirements specified in
Chapter 19.24 Subdivision Design and Improvements of the Subdivision Code. The
revised language is included within the attached draft resolution and indicates that at a
minimum, a 20 -foot, paved driveway with a trench drain at the end of the driveway is
required prior to recordation of the parcel map.
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Moriarty Parcel Map Appeal
February 19, 2009
Page 6
Proof of Access. The title report submitted by the applicant notes, "Lack of a right of
access to and from the land," and does not show that the applicant has access rights to
use the abandoned Birch Street easement for ingress and egress (Exhibit 6). The
legality of access rights to the subject parcel have been a point of contention since the
applicant obtained the property in 1998. The property owners and easement owners
have thus far been unsuccessful in negotiations to establish a recorded easement from
the subject property to Mesa Drive. Refer to the attached diagram, list, and summary of
entitlement documents of the properties and easements (Exhibit 7).
While access rights to the subject property have been a point of contention for some
time, securing adequate access rights and improvement of the easement are necessary
and required by the Subdivision Code and the Subdivision Map Act; therefore, staff
does not support the applicant's request to remove the conditions requiring the
establishment and improvement of the ingresslegress access easement.
Condition Relating to Coastal Commission Approval
Condition No. 22 states:
"Coastal Commission approval shall be obtained prior to the recordation of the parcel
map"
The applicant requests the removal of Condition No. 22. The applicant asserts that this
condition is "unconscionable and unnecessary" because all necessary Coastal
Commission approvals were obtained at the time of construction of the single - family
residence.
Response:
While Coastal Commission approval was obtained for the construction of the single -
family residence on the property, Coastal Commission approval is also required prior to
recordation of the Parcel Map. Section 19.24.060 of the Subdivision Code (Coastal
Zone) requires compliance with the Local Coastal Program: "Any proposed subdivision
lying wholly or partially within the Coastal Zone shall be designed to comply with and
implement goals, policies, and various components of the Land Use Plan of the
applicable certified Local Coastal Program." Since the subject property is located in the
Coastal Zone, the Parcel Map requires a separate Coastal Commission approval.
Pursuant to this requirement, Condition No. 22 ensures compliance prior to recordation
of the Parcel Map.
General Plan
The General Plan land use category for this site is Single -Unit Residential Detached (RS-
D) which provides for a range of detached single - family residential dwelling units on a
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Moriarty Parcel Map Appeal
February 19, 2009
Page 7
single legal lot and does not include condominiums or cooperative housing. The single -
family residence on the subject property is consistent with this land use category.
Local Coastal Plan
The proposed parcel map is located in the Coastal Zone and conforms to the certified
Local Coastal Program. The Coastal Land Use Plan designates this site as Estate
Residential (RE), which is intended to provide for very low- density single - family
detached residential development on large lots, and the current development is
consistent with this designation.
Zoning Code
The site is located in the Residential Agricultural (R -A) District. The R -A Zoning District
provides areas for single - family residential and light farming land uses. Single- family
residential uses are permitted in this district. Wine production and agricultural uses are
also consistent with land uses permitted by the R -A Zoning District. However, onsite
retail sales, service, or consumption of alcoholic beverages are not permitted.
Summary
The applicant must acquire an easement allowing him access to his property with the
agreement of all parties per the requirements of Title 19 of the Municipal Code and the
Subdivision Map Act. The Parcel Map approval requires the applicant to establish
recorded access to the property through an ingress /egress easement and improve it in
compliance with these requirements.
Title 19 of the Municipal Code requires that the applicant obtain Coastal Commission
approval for the Parcel Map since the subject property is located in the Coastal Zone.
Alternatives
The Planning Commission may continue this item to a future hearing date with the
consent of the applicant if the Planning Commission believes additional time is needed
by Mr. Moriarty to argue the required easement. After considering all of the evidence
presented at the hearing and within 10 days following the conclusion of the hearing, the
Planning Commission shall render its decision on the appeal. Staff will prepare an
appropriate resolution incorporating new findings and /or conditions if an alternative is
chosen.
Environmental Review
This project qualifies for an exemption from environmental review pursuant to Section
15315 (Class 15) of the Implementing Guidelines of the California Environmental Quality
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Moriarty Parcel Map Appeal
February 19, 2009
Page 8
Act (CEQA). The project consists of 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
two years and the parcel does not have an average slope greater than 20 percent.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the City website.
Prepared by:
Makafiia No a, Assistant Planner
EXHIBITS:
Submitted by:
C2��
David Lepo, Planno Director
1. Draft resolution
2. NP2003 -020 (PA2003 -151) Findings and Conditions
3. Zoning Administrator Hearing Action Report and Approval Letter
4. Appeal Letter
5. Zoning Administrator Memo
6. Title Report
7. Diagram, list, and summary of entitlement documents.
8. Photos of subject property
9. Letters submitted for Planning Commission consideration
10. Project plans
Ilcnb. lclldatalUsersIPLNISharedlPA 'sIPAs - 20081PA2008- 207INP2008.024 pc rpt.doc
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Exhibit No. 1
Draft Resolution
V\
Q-
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH UPHOLDING THE
DECISION OF THE ZONING ADMINISTRATOR TO
APPROVE PARCEL MAP NO. 2008 -024 WITH
CONDITIONS TO CONSOLIDATE EXISTING PORTIONS
OF LOTS AND PARCELS INTO A SINGLE PARCEL OF
OLAND FOR THE PROPERTY LOCATED AT 2128 MESA
DRIVE (PA 2008 -207)
WHEREAS, an application was filed by the applicant, Richard Moriarty, with
respect to property located at 2128 Mesa Drive, and legally described as a Portion of Lot
152, Block 51 Irvine's Subdivision, Portions of Lots 104 -115 inclusive and portions of
Lots 120 and 121, Tract 706, requesting approval to combine existing portions of lots and
parcels into a single parcel of land for single - family residential development.
WHEREAS, a public hearing was held on December 8, 2008, in the City Council
Conference Room, 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place and purpose of the meeting was given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to, considered by, and approved with
conditions by the Zoning Administrator at this meeting; and
WHEREAS, an appeal was filed on December 22, 2008, by the applicant, Richard
Moriarty.
WHEREAS, a public hearing was held on February 19, 2009, in the City Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the meeting was given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting; and
WHEREAS, the General Plan land use designation for this site is Single -Unit
Residential Detached (RS -D) which provides for a range of detached single - family
residential dwelling units on a single legal lot and does not include condominiums or
cooperative housing. The single - family residence on the subject property is consistent
with this land use category; and
WHEREAS, the site is located in the Residential Agricultural (R -A) Zoning
District. The R -A District provides areas for single - family residential and light farming
land uses. Single- family residential uses are permitted in this district; and
WHEREAS, a parcel map for the proposed lot consolidation has been prepared
in accordance with Title 19 of the Newport Beach Municipal Code based on the
following findings and facts in support of such findings:
�3
Planning Commission Resolution No.
Pape 2 of 9
The Planning Commission 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:
1. 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:
a) The proposed parcel map is to combine portions of 14 lots to create one
parcel of land for single family residential purposes. The residential
density on the site will remain the same. The proposed subdivision and
improvements are consistent with the density of the R -A (Residential -
Agricultural) Zoning District and the current General Plan Land Use
Designation "Single -Unit Residential Detached ".
2. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
a) The lot is regular in shape, has a slope of less than 20 percent, and is
suitable for development.
3. 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:
a) 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). The
project consists of 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 two years and
the parcel does not have an average slope greater than 20 percent.
Planning Commission Resolution No.
Paqe 3 of 9
4. 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:
a) The construction of the proposed single family residence will comply with
all Building, Public Works, and Fire Codes. 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.
b) That public improvements will be required of the applicant per the
Municipal Code and the Subdivision Map Act.
5. 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:
a) That 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.
b) That adequate ingress /egress will be provided via a recorded access
easement prior to final recordation of the parcel map.
c) That the easement will be improved to the satisfaction of the Public Works
department prior to recordation of the Parcel Map.
6. 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:
a) The property is not subject to the Williamson Act since the subject
property is not considered an agricultural preserve and is less than 100
acres.
Planning Commission Resolution No.
Paqe 4 of 9
7. 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:
a) The property is not a "land project" as defined in Section 11000.5 of the
California Business and Professions Code.
8. 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:
a) 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.
9. 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.
Facts in Support of Finding:
a) The proposed parcel map 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. The
residential density on the site will remain the same, which allows one unit
for the R -A Zoning District. No affordable housing units are being
eliminated based upon the fact that the previously existing units were not
occupied by low or moderate income households and the proposed
number of units remains the same.
10. 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:
W
Planning Commission Resolution No.
Paqe 5 of 9
a) Wastewater discharge into the existing sewer system will remain the same
and does not violate Regional Water Quality Control Board (RWQCB)
requirements.
11. 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:
a. The proposed parcel map is located in the Coastal Zone and conforms to
the certified Local Coastal Program. The Coastal Land Use Plan
designates this site as Estate Residential (RE), which is intended to
provide for very low- density single - family detached residential
development on large lots, and the current development is consistent with
this designation.
b. That Coastal Commission approval will be obtained for the Parcel Map
prior to recordation.
WHEREAS, the project qualifies for a Categorical Exemption pursuant to 15305
(Minor Alterations in Land Use Limitations) of the Implementing Guidelines of the
California Environmental Quality Act (CEQA); and
NOW THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves
Parcel Map No. 2008 -024, subject to the Conditions set forth in Exhibit "A ".
Section 2. This action shall become final and effective fourteen days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk
or this is called for review by the City Council in accordance with the provisions of Title
20 Planning and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 5th DAY OF FEBRUARY.
[37
Scott Peotter, Chairman
AYES:
NO:
11
In
Barry Eaton, Secretary
Planning Commission Resolution No.
Paqe 6 of 9
l�
Planning Commission Resolution No.
Paae 7 of 9
EXHIBIT "A"
CONDITIONS OF APPROVAL
PARCEL MAP NO. 2008 -024
1. A parcel map shall be recorded with the Orange County Clerk- Recorder
Department. 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.
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 Sections 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 City Ordinance and the
Public Works Department. In addition, improvements for domestic water and
sanitary sewer service connections shall be constructed as required by the Irvine
Ranch Water District and the Costa Mesa Sanitary District respectively.
4. No permanent structures can be built within the limits of any easement within the
property.
5. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
6. All applicable Public Works Department plan check fees, improvement bonds
and inspection fees shall be paid prior to processing of the map by the Public
Works Department.
7. Overhead utilities serving the site shall be undergrounded to the nearest
appropriate pole in accordance with Section 19.28.090 of the Municipal Code
unless it is determined by the City Engineer that such undergrounding is
unreasonable or impractical.
8. In accordance with the provisions of Chapter 13 (or any other applicable
chapters) of the Newport Beach Municipal Code, additional street trees may be
required and existing street trees shall be protected in place during construction
I
Planning Commission Resolution No.
Paae 8 of 9
of the subject project, unless otherwise approved by the General Services
Department and the Public Works Department through an encroachment permit
or agreement.
9. All existing drainage facilities in the public right -of -way shall be retrofitted to
comply with the City's on -site non -storm runoff retention requirements. The
Public Works Inspector shall field verify compliance with this requirement prior to
recordation of the parcel map.
10. All improvements shall comply with the City's sight distance requirement. See
City Standard 110 -L
11. All on -site drainage shall comply with the latest City Water Quality requirements.
12. Additional Public Works improvements, including street and alley reconstruction
work may be required at the discretion of the Public Works Inspector.
13. 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.
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 unless an Encroachment
Agreement is applied for and approved by the Public Works Department.
15. Two -car parking, including one enclosed garage space, shall be provided on site
for each dwelling unit per requirements of the Zoning Code.
16. All vehicular access to the property shall be from the ingress /egress easement to
Mesa Drive, unless otherwise approved by the City Council. Reference to
recorded instruments covering rights for ingress, egress, and utility services to
the property shall be shown on the final parcel map. The easement shall be
approved by the Planning Department, City Attorney's Office, the Department of
Fish and Game, the County of Orange Parks and Recreation Commission, and
the Orange County Flood Control District prior to recordation of the Parcel Map.
17. The applicant shall complete roadwork improvements on the ingress /egress and
utilities easement to the subject property to the satisfaction of the Public Works
Department prior to recordation of the Parcel Map. The required improvements
shall, at a minimum, include the construction of a 20 -foot wide, paved driveway
with drainage improvements including a bottomless trench drain at the end of the
driveway.
18. Utilities shall be connected to the satisfaction of the Irvine Ranch Water District
and the Costa Mesa Sanitary District prior to recordation of the Parcel Map.
Planning Commission Resolution No.
Paae 9 of 9
19. 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.
20. 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 Department 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.
21. County Sanitation District fees shall be paid prior to issuance of any building
permits, if required by the Public Works Department or the Building Department.
22. Coastal Commission approval shall be obtained prior to the recordation of the
parcel map.
23. This parcel map shall expire if the map has not been recorded within 3 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.
A�
Exhibit No. 2
NP2003 -020 (PA2003 -151) Findings and Conditions
:a3
July 16, 2003
CITY NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3229
Richard Moriarty
20362 Birch Street
Newport Beach, CA 92660
Application No:
Applicant:
Address of
Property Involved:
Legal Description:
Request as Approved:
Parcel Map No. NP2003 -020
(County Parcel Map No. 2003 -177)
(PA2003 -151)
Staff Person: Javier S. Garcia, 644 -3206
Appeal Period: 14 days after approval date
Parcel Map No. NP2003 -020 (PA2003 -151)
(County Parcel Map No. 2003 -177)
Richard Moriarty
2128 Mesa Drive
Portion of Lot 152, Block 51 Irvine's Subdivision, Portions of
Lots 104 -115 inclusive and Lots 120 and 121, Tract 706
Tentative parcel map to combine existing portions of lots and parcels into a single parcel of land for
single- family development. The property is currently developed with a single - family dwelling and
a related accessory building or structures. The property is located in the R -A District.
The Modifications Committee, on July 16, 2003, voted 3 ayes and 0 noes to approve the application
request as modified based on the following findings and subject to the following conditions.
FINDINGS:
In this case, the Modifications Committee determined that the proposal would not be detrimental to
persons, property or improvements in the neighborhood. In addition, the approved parcel map
would be consistent with the legislative intent of Titles 19 and 20 of the Newport Beach Municipal
Code based on the following findings:
The design of the subdivision will not conflict with any easements acquired by the public
at large for access through or use of the property within the proposed subdivision.
Public improvements may be required of a developer per Section 19.28.010 of the
Municipal Code and Section 66411 of the Subdivision Map Act.
This project has been reviewed and determined to be categorically exempt from the
requirements of the California Environmental Quality Act under Class 5 (Minor
Alterations in Land Use Limitations) and Class 15 (Minor Land Divisions).
,�q
July 16, 2003
Page 2
4. The proposed parcel map presents no problems from a planning standpoint because the
density will remain the same, which allows two units for the R -2 Zoning District.
5. The map meets the requirements of Title 19 of the Newport Beach Municipal Code, all
ordinances of the City, and all applicable general or specific plans. Also, the Planning
Commission is satisfied with the plan of subdivision.
CONDITIONS:
1. Prior to occupancy, a parcel map shall be recorded. The parcel map shall be prepared on
the California coordinate system (NAD83). Prior to recordation of the parcel map, the
surveyor /engineer preparing the map shall submit to the County Surveyor 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 the Orange County Subdivision Manual, Subarticle
18.
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 Sections 7 -9 -330 and 7 -9 -337 of the Orange County
Subdivision Code and the 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 the construction project.
3. All improvements shall be constructed as required by Ordinance and the Public Works
Department. In addition, improvements for domestic water and sanitary sewer service
connections shall be constructed as required by the Irvine Ranch Water District and the
Costa Mesa Sanitary District.
4. Reference to recorded instruments covering rights for ingress, egress, and utility services
to the property shall be shown on the final parcel map.
5. Prior recordation of the parcel map, all applicable Public Works Department plan check
fees and inspection fees shall be paid.
116. In order to guarantee satisfactory completion of the public improvements, arrangements
shall be made with the Public Works Department if it is desired to record a parcel map or
obtain a building permit prior to completion of the public improvements.
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 Building Department Plan Check Engineer shall verify
the approved street number or addresses during the plan check process for the new or
remodeled structure.
All work conducted within the public right -of -way shall be approved under an
encroachment agreement issued by the Public Works Department.
25
July 16, 2003
Page 3
9. County Sanitation District fees shall be paid prior to issuance of any building permits, if
required by the Public Works Department or the Building Department.
10. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole
in accordance with Section 19.28.090 of the Municipal Code unless it is determined by
the City Engineer that such undergrounding is unreasonable or impractical.
11. Coastal Commission approval shall be obtained prior to the recordation of the parcel
map.
12. This parcel map shall expire if the map has not been recorded within 3 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.
The decision of the Committee may be appealed to the Planning Commission within 14 days of the
date of the decision. Any appeal filed shall be accompanied by a filing fee of $875.00. No building
permits may be issued until the appeal period has expired.
MODIFICATIONS COMMITTEE
By 6Javier S. Garcia, AI , Senior Planner
Chairpe son
JSG:jom
FAUSERS\PLN \Shared\PA's \PAs - 2003\PA2003- 151 \NP2003 -020 appr.doc
Attachments: Vicinity Map Cc:
Paul A Cuomo, PLS
14712 Franklin Ave. #B
Tustin, CA 92780
Appeared
in Opposition: None
Appeared
in Support: None
N
Exhibit No. 3
Zoning Administrator Hearing Action Report and
Approval Letter
9K
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR HEARING
ACTION REPORT
TO: CITY COUNCIL, CITY MANAGER AND PLANNING COMMISSION
FROM: Planning Department
Javier Garcia, Zoning Administrator
igarciaPcity. newport- beach.ca.us
SUBJECT: Report of the actions taken for the Zoning Administrator Hearing on
Monday, December 8, 2008
Item 1: Lot Line Adjustment No. LA2008 -004 (PA2008 -069)
401 and 461 Newport Center Drive
Request to adjust the lot line between two adjacent parcels, taking land from
one parcel and giving it the other. The number of parcels will remain the
same.
This item was approved. Council District 5
Item 2: Parcel Map No. NP2008 -023 (PA2008 -194)
1100 and 1104 East Balboa Boulevard
Request to reconfigure two portions of three lots. A portion of the East Bay
Avenue abandoned right -of -way and a portion of the vacated 6 -foot strip of
Balboa Boulevard is to be reconfigured into two parcels for the continuation of
the existing residential use. Also, the request for relief from the design
standards as to lot area and width pursuant to Section 19.24.130 of the
Subdivision Code was approved.
This item was approved. Council District 1
Item 3: Parcel Map No. NP2008 -024 (PA2008 -207)
2128 Mesa Drive
Request to combine existing portions of lots and parcels into a single parcel of
land for single- family development. The property is currently developed with a
single - family dwelling and a related accessory building or structures.
This item was approved. Council District 4
N
Item 4:
Item 5
Item 6:
Item 7
Modification Permit No. MD2008 -044 (PA2008 -191)
430 Acacia Avenue
Request to allow retention of an open trellis that encroaches 11 feet into the
required 15 -foot front yard setback. The trellis structure was constructed
without the benefit of permits and is approximately 11 feet in height and
covers 132 square feet in area.
This item was denied. Council District 6
Modification Permit No. MD2008 -048 (PA2008 -200)
2812 Bayshore Drive
Request to allow pool protection walls to exceed the 3 -foot height limit along
the side property lines within the 10 -foot front waterside setback. The walls
will consist of approximately 2 feet of concrete block wall with 3 feet of glass
wall above, totaling 5 feet in height above natural grade. The request also
includes exceeding the 3 -foot height limit with a 42 -inch high open guardrail
on top of the bulkhead along the front waterside property line. Both requests
are to provide Building Code required fencing.
This item was approved. Council District 3
Modification Permit No. MD2008 -049 (PA2008 -202)
1 Beacon Bay
Request to allow future construction to encroach nine feet into the required
15 -foot front setback along Newport Bay. The design of the construction will
be determined at a later time.
This item was approved. Council District 5
Modification Permit No. MD2008 -050 (PA2008 -204)
1260 Bison Avenue, Suite D -3
Request to permit one additional 37.5 square -foot tenant identification wall
sign on the westerly frontage and seven 7- inch -tall letters or logo awning
valance signs on three frontages. The building has two existing wall signs on
the southerly and easterly elevations.
This item was approved. Council District 4
y)
Item 8: Modification Permit No. MD2008 -051 (PA2008 -206)
1 Menton
Request to permit an exterior, freestanding fireplace to encroach seven feet
into the required 10 -foot rear yard setback and two feet into the required 5-
foot side yard setback. The side yard setback requirement is 10 feet
aggregate total for both sides. The existing house is 5 feet from the southerly
side property line. The location of the fireplace is proposed in the southwest
corner of the property. The maximum height shall be six feet from grade for
the fireplace, with an additional 5 inches allowed for the spark arrestor.
This item was approved. Council District 7
Prepared and submitted by:
Javier 4 Garcia, fbqng Administrator
APPEAL: The Zoning Administrator's decision may be appealed to the Planning Commission
within 14 days of the action date. A $1,810.00 filing fee shall accompany any appeal filed. No
building permits may be issued until the appeal period has expired.
c: David Lepo, Planning Director (e -mail)
Sharon Wood, Assistant City Manager (e -mail)
David Keely, Public Works Senior Civil Engineer (e -mail)
Jim Campbell, Senior Planner (e -mail)
Sgt. Ron Vallercamp, Vice /Narcotics (e -mail)
Code Enforcement Division (e-mail) Iris Lee, Public Works (e -mail)
Evelyn Tseng, Revenue (e -mail)
3
Application No.
Applicant
Site Address
Legal Description
PARCEL MAP NO. NP2008 -024
(PA2008 -207)
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92663
(949) 644 -3200 FAX (949) 6443229
Parcel Map No. NP2008 -024 (PA2008 -207)
County Parcel Map No. 2003 -177
Richard Moriarty
2128 Mesa Drive
Portion of Lot 152, Block 51 Irvine's Subdivision,
Portions of Lots 104 -115 inclusive and Lots 120 and
121, Tract 706
On December 8. 2008, the Zoning Administrator approved the parcel map request to .
combine existing portions of lots and parcels into a single parcel of land for single - family
development. The property is currently developed with a single - family dwelling and a
related accessory building or structures. The property is located in the R -A (Residential
Agricultural) District. The Zoning Administrator's approval is based on the following
findings and subject to the following conditions.
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:
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.
The proposed parcel map is to combine portions of 14
parcel of land for single family residential purposes. The
on the site will remain the same. The proposed
improvements are consistent with the density of the
Agricultural) Zoning District and the current General
Designation "Single -Unit Residential Detached ".
lots to create one
residential density
subdivision and
R -A (Residential -
Plan Land Use
3a
2. That the site is physically suitable for the type and density of development.
The lot is regular in shape, has a slope of less than 20 percent, and is
suitable for development.
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.
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 5 (Minor Alterations in Land Use Limitations). The
project consists of minor alteration in land use limitations in areas with an
average slope of less than 20 percent which do not result in any changes in
land use or density, including but not limited to minor lot line adjustments not
resulting in the creation of any new parcel.
4. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
The construction of the proposed single family residence will comply with all
Building, Public Works, and Fire Codes. 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.
That the public improvements will be required of the Applicant per the
Municipal Code and the Subdivision Map Act.
5. 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.
December 8, 2008
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That 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.
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.
The property is not subject to the Williamson Act since the subject property is
not considered an agricultural preserve and is less than 100 acres.
7. 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.
The property is not a "land project' as defined in Section 11000.5 of the
California Business and Professions Code.
8. 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.
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.
9. 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.
The proposed parcel map 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. The residential
density on the site will remain the same, which allows one unit for the R -A
Zoning District. No affordable housing units are being eliminated based upon
the fact that the previously existing units were not occupied by low or
December 8, 2008
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M
moderate income households and the proposed number of units remains the
same.
10. 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.
• Wastewater discharge into the existing sewer system will remain the same
and does not violate Regional Water Quality Control Board (RWQCB)
requirements.
11. 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.
• The proposed parcel map is located in the Coastal Zone and conforms to the
certified Local Coastal Program. The Coastal Land Use Plan designates this
site as Estate Residential (RE), which is intended to provide for very low -
density single - family detached residential development on large lots, and the
current development is consistent with this designation.
A parcel map shall be recorded with the Orange County Clerk- Recorder
Department. 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.
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 Sections 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.
December 8, 2008
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35
3. All improvements shall be constructed as required by City Ordinance and the
Public Works Department. In addition, improvements for domestic water and
sanitary sewer service connections shall be constructed as required by the Irvine
Ranch Water District and the Costa Mesa Sanitary District respectively.
4. No permanent structures can be built within the limits of any easement within the
property.
5. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
6. All applicable Public Works Department plan check fees, improvement bonds
and inspection fees shall be paid prior to processing of the map by the Public
Works Department.
7. Overhead utilities serving the site shall be undergrounded to the nearest
appropriate pole in accordance with Section 19.28.090 of the Municipal Code
unless it is determined by the City Engineer that such undergrounding is
unreasonable or impractical.
8. In accordance with the provisions of Chapter 13 (or any other applicable
chapters) of the Newport Beach Municipal Code, additional street trees may be
required and existing street trees shall be protected in place during construction
of the subject project, unless otherwise approved by the General Services
Department and the Public Works Department through an encroachment permit
or agreement.
9. All existing drainage facilities in the public right -of -way shall be retrofitted to
comply with the City's on -site non -storm runoff retention requirements. The
Public Works Inspector shall field verify compliance with this requirement prior to
recordation of the parcel map.
10. All improvements shall comply with the City's sight distance requirement. See
City Standard 110 -L.
11. All on -site drainage shall comply with the latest City Water Quality requirements.
12. Additional Public Works improvements, including street and alley reconstruction
work may be required at the discretion of the Public Works Inspector.
13. 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.
December 8, 2008
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3(o
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 unless an Encroachment
Agreement is applied for and approved by the Public Works Department.
15. Two -car parking, including one enclosed garage space, shall be provided on site
for each dwelling unit per requirements of the Zoning Code.
16. All vehicular access to the property shall be from the ingress /egress easement to
Mesa Drive, unless otherwise approved by the City Council. Reference to
recorded instruments covering rights for ingress, egress, and utility services to
the property shall be shown on the final parcel map. The easement shall be
approved by the Planning Department, City Attorney's Office, the Department of
Fish and Game, the County of Orange Parks and Recreation Commission, and
the Orange County Flood Control District prior to recordation of the Parcel Map.
17. The ingress /egress and utilities easement to the subject property shall be
improved to the satisfaction of the Public Works Department prior to recordation
of the Parcel Map.
18. Utilities shall be connected to the satisfaction of the Irvine Ranch Water District
and the Costa Mesa Sanitary District prior to recordation of the Parcel Map.
19. 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.
20. 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 Department 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.
21. County Sanitation District fees shall be paid prior to issuance of any building
permits, if required by the Public Works Department or the Building Department.
22. Coastal Commission approval shall be obtained prior to the recordation of the
parcel map.
December 8, 2008
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X31
23. This parcel map shall expire if the map has not been recorded within 3 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.
APPEAL PERIOD
The decision of the Zoning Administrator may be appealed to or by the Planning
Commission within 14 days of the decision date. A $1,810.00 filing fee shall accompany
the appeal to Planning Commission upon submittal. Building permits will not be issued
until the appeal period has expired.
By:
Zoning 11drn inistrator vier S. Garcia, AICP
JSG:mn /rm
Attachments:
Vicinity Map
Orange County Public Works correspondence:
Letter dated December 4, 2008 - Request to delay Nearing
Letter dated December 5, 2008 — Transmittal of Title Documentation
"Exhibit X(71 pages) on file in the Planning Department
Appeared in Opposition: None
Appeared in Support: None
December 8, 2008
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J
VICINITY MAP
Parcel Map No. NP2008 -024
PA2008 -207
2128 Mesa Drive
December 8, 2008
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J�
r } �
O R A N G E C O U N T Y
PubhcWorks
Our Community. Our Commitment.
December 4, 2008
Bryan Speep /e, Director
300 N. Flower Street
Santa Ana, CA
P.O. Box 4048
Santa Ana, CA 927024048
Telephone: (714) 834.2300
Fax: (714) 8345188
RECEIVED BY
PLANNING DEPARTMENT
Makana Nova, Assistant Planner DEC 0$2008
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768 CITY OF NEWPORT BEACH
Newport Beach, CA 92658.8915
MESA DRIVE RECREATIONAL TRAIL (TR47C -102)
REQUEST TO DELAY MORIARTY'S PARCEL MAP HEARING
NP2008 -024 (PA2008 -207)
Dear Ms. Nova:
Thank you for meeting with me yesterday to discuss Mr. Moriarty's Tentative Parcel Map application to
combine existing portions of lots and parcels into a single parcel of land for single - family development. I
understand that Mr. Moriarty might be pursuing the parcel map for purposes of obtaining an ABC License
(Alcoholic beverage license for intemet wine sales), and to obtain the certificate of occupancy.
During our meeting, I explained to you, Rodi Almendralo (Associate Engineer), and Rosalinh Ung
(Associate Planner) that based upon our extensive title research (with the assistance the First American
Title Company), it seems that Mr. Moriarty does not have ingress or egress easement rights to access his
property (2242 Mesa Drive) from Mesa Drive through the abandoned portion of Birch Street (access
road). This access road lies within Carla Brockman's property (2100 Mesa Drive). Ms. Brockman's
retained attorney, David Cosgrove, conducted an independent title search as well and also concluded that
Mr. Moriarty does not have legal access through that access road.
I understand that based on your limited documentation on -hand and the documentation provided by Mr.
Moriarty, you had the understanding that Mr. Moriarty's main access was through said access road, and
his secondary access was through the emergency access easement on the east side of Ms. Brockman's
property. As agreed, we will provide you with the documentation by which we reached our determination
that Mr. Moriarty does not have access to his property through the access road. We urge you that perform
your own independent investigation, and inform us of your findings.
l�
Mesa Drive Recreational Trail (TR47C -102)
Makana Nova
December 4, 2008
Page 2
I also explained to you that our negations to acquire the access road from Ms. Brockman have been
delayed because of Mr. Moriarty's unwillingness to work with Ms. Brockman and the County on an
acceptable mutual design for the access road. It is also our understanding that Mr. Moriarty has run his
sewer line through County and Ms. Brockman's without permission and, at one point, the County needed
to stop him from paving the access road.
PIease consider this the County's formal request to delay Mr. Moriarty's Parcel Map hearing
(December 8, 2008) in consideration of the outstanding issues. In the meantime, based upon our
discussion and information within this letter, please consider incorporating into your Iist of conditions for
the approval of Mr. Moriarty's application, that Mr. Moriarty provide the City proof of his legal access
through the access road.
Thank you for providing me with a copy of Mr. Moriarty's Parcel Map (No. 2003 -177), the Hearing
Memorandum, and the Findings and Conditions draft.
If you have any questions, please call me at (714) 834 -3733.
Sincerely,
)Awddyel �9 a
Guadalupe Y. Veldsquez,
Real Property Agent
OC Public Works/Real Estate Services
c: Harry Huggins, OC Parks
David Kiff, City of Newport Beach
0
December 5, 2008
Makana Nova, Assistant Planner P RECEIVER, BY
City of Newport Beach PLAN,
3300 Newport Boulevard
P.O. Box 1768 C� DEC 08 2008
Newport Beach, CA 92658 -8915 ®F�w ® yj
MESA DRIVE RECREATIONAL TRAIL (TR47C -102) ONE41. I7
CITY OF NEWPORT BEACH APPLICATION NO. NP2008 -024 (PA2008 -207)
TRANSMITAL OF TITLE DOCUMENTATION
Dear Ms. Nova:
Enclosed is the documentation (Exhibit A) by which we reached our determination that Mr.
Moriarty does not have ingress or egress easement rights to access his property (2242 Mesa
Drive) through the access road (abandoned portion of Birch Street) for your consideration in
your own independent title investigation. Please inform us of your findings.
If you have any questions, please call me at (714) 834 -3733.
Sincerely,
AAA. J -vdgwL
Guadalupe Y. Veldsquez,
Real Property Agent
OC Public Works/Real Estate Services
Enclosures
c: Harry Huggins, OC Parks (w /o encl.)
David Kiff, City of Newport Beach (w /o encl.)
Rodi Almendralo, City of Newport Beach (w /o encl.)
J
. o R A N o t: c n u N r v
Bryan Speegle, Director
300 N. Flower Street
4,,,.y,/
C PublicWorks
San. Box 48
P.O. Box 4048
Santa Ana, CA 92702 -4048
Our Community. Our commitment.
Telephone: (714) 834-2300
Fax: (714) 834 -5188
December 5, 2008
Makana Nova, Assistant Planner P RECEIVER, BY
City of Newport Beach PLAN,
3300 Newport Boulevard
P.O. Box 1768 C� DEC 08 2008
Newport Beach, CA 92658 -8915 ®F�w ® yj
MESA DRIVE RECREATIONAL TRAIL (TR47C -102) ONE41. I7
CITY OF NEWPORT BEACH APPLICATION NO. NP2008 -024 (PA2008 -207)
TRANSMITAL OF TITLE DOCUMENTATION
Dear Ms. Nova:
Enclosed is the documentation (Exhibit A) by which we reached our determination that Mr.
Moriarty does not have ingress or egress easement rights to access his property (2242 Mesa
Drive) through the access road (abandoned portion of Birch Street) for your consideration in
your own independent title investigation. Please inform us of your findings.
If you have any questions, please call me at (714) 834 -3733.
Sincerely,
AAA. J -vdgwL
Guadalupe Y. Veldsquez,
Real Property Agent
OC Public Works/Real Estate Services
Enclosures
c: Harry Huggins, OC Parks (w /o encl.)
David Kiff, City of Newport Beach (w /o encl.)
Rodi Almendralo, City of Newport Beach (w /o encl.)
r
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EXHIBIT A
TITLE DOCUMENTATION
• County of Orange — Mesa Drive Right of Way Map
• Tract Map No. 706
• Depiction map of the grant of easement from The Irvine Company to the State. of
California.
• Document recorded in Book 297, Page 147 of Official Records.
• Document recorded in Book 1229, Page 238 of Official Records.
• Notice of Abandonment of Highway
• "Proceedings Had Before the Board of Supervisors of the County of Orange,
State of California" recorded July 17, 1951 in Book 2145, Page 618 of Official
Records.
• Corporation Joint Tenancy Deed recorded in Book 2207, Page 196 of Official
Records.
• "Declaration of Establishment of Restrictions, Easement, Conditions, Covenants
and Reservations" recorded in Book 2207, Page 206 of Official Records.
• Joint Tenancy Grant Deed recorded January 11, 1952 in Book 2273, Page 175 of
Official Records.
• Declaration of annexation recorded in Book 3459, Page 193 of Official Records.
• Corporation Quitclaim Deed recorded July 20, 1959 in Book 4805, Page 240 of
Official Records.
• Record of Survey No. 88 -1081 filed in Book 121, Page 37 of Record of Survey.
• `Extension of Declaration of Restrictions, Easements, Conditions, Covenants and
Reservations recorded March 4, 1992 as Instrument No. 92- 129934 of Official
Records.
• Final Order of Condemnation recorded May 22, 2003 as Instrument No.
2003000592265 of Official Records.
• The Irvine Company letter dated November 17, 2006.
LO
Exhibit No. 4
Appeal Letter
4A
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
P.O.BOX 1768, NEWPORT BEACH, CA 92658
(949) 644 -3200
FEE RECEIPT
Date: I " Check No.:
Received by:
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Received from ,,, LI :1 Job Address
Zoning Plan Check ........... ............................... ......................2700 -5003 $
Overtime Plan Check .............................. ............................... 2700 -5003 $
Park Dedication Fee ............................... ...............................
Planning Activity Deposit ........................................................ 029-
..
6 E;� F�l1 c-C C Yr —v %....2700 -5000
Planning Activity Fees .....I :............ ...............................
Records Management Fee (# of sheets ) ...............
Sale of Maps & Publications (Planning) ..... ............................ 2700 -5812
Sale of GIS maps .................................... ............................... 0630 -5810
Other(Specify) ........................................ ...............................
U
$1 L LU
TOTAL FEES $ 1, b i " `-'
PAID
Fee Receipt No.
DEC 2 2 2008
CITY OF NEWPORT BEACH
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RECEIVED BY
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DEC 22
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NOTICE OF APPEAL FROM ZONING ADMINISTRATOR DATEh? RECEIVED BY
gNNlNG DEPARTMENT
DECEMBER 8, 2008
To: Planning Director
Parcel Map NP 2008 -024 (PA2008 -207)
Applicant Richard Moriarty
! 22 2000
CTY OF NEON] BEACI
Applicant Richard Moriarty ( "Moriarty ") appeals Conditions 16, 17, and 22 of the Zoning
Administrator's conditional approval dated December 8, 2008 of the parcel map request to
combine existing portions of lots and parcels into a single parcel of land ( "Parcel Map Request ").
BASIS FOR APPEAL
• Regarding Conditions 16 and 17, a requirement that Mr. Moriarty provide recorded
access to his property is unreasonable, impossible and unnecessary. It is unreasonable
because recorded access is not necessary to satisfy the City's request to consolidate the
map. It is impossible given the current status of the property's access points, and
unnecessary because the property already holds recorded access, as is evidenced below,
the City has recently obtained its own special recorded access to the Property.
• Regarding Condition 22, Mr. Moriarty has already obtained all necessary Coastal
Commission approvals at the time of construction of his home and other
structures /improvements on the property. If this condition is boilerplate, then it should
be removed. If it mandates new action with the California Coastal Commission, then it
is unconscionable and unnecessary.
BACKGROUND
On February 13, 1998, Moriarty acquired the property located at 2128 Mesa Dr.,
Newport Beach (the "Property "). In 2000, Moriarty began construction of the Property. In or
about 2003, construction of the home in which Moriarty would reside was substantially complete.
Beginning in 2007, Moriarty made every effort to obtain his Certificate of Occupancy ( "CO ") for
the Property. Initially, Moriarty was notified that City of Newport Beach ( "City ") permits he
had paid for to erect the home had expired because he had not obtained final approval required.
LAI- 2993651x2
With the assistance of the City, Moriarty renewed the permits and completed the permitting
process.
One impediment to complete the permitting process and allow a CO to issue was a need
to provide the City with recorded emergency access to allow fire, police and other vehicles to
travel to his property. The seeming absence of recorded access to the Property is an oversight
with 60 years of history behind it. Although Moriarty, and prior owners, have entered the
Property for years from two different access points, Birch street ( "Birch ") and Jack Ass Alley
(JAA "), recorded access to the Property is allegedly not clear, and in the case of JAA,
overlooked in part. More on this below in the caption marked "ACCESS TO THE PROPERTY ".
In order to satisfy the City's need for emergency access, Moriarty ultimately worked with
the City's Fire Marshall Steve Bunting. Marshall Bunting was immensely helpful in assisting
Moriarty and the City to find a way in which Moriarty could deliver recordable emergency
access to the City so that the permitting process could be finalized, and at long last, the City
could issue a CO for the Property and Moriarty home. Emergency access was ultimately
provided, the City approved the recorded access for its purposes, and a final inspection took
place in the fall of 2008.
When Moriarty went to obtain his CO, he was shocked to learn that the City would not
issue it. In fairness, the City's refusal was based on a condition that it had placed on the Property
in 2003. Specifically, the City had then tentatively approved development of Moriarty's home
construction subject to numerous conditions. One of the conditions was that Moriarty
consolidate the parcel map ( "Map Consolidation ") evidencing his Property to combine old lots
and erase lot lines that had originally been drawn for the Property. Given the City's requirement
to clean up the map, Moriarty determined that he would complete this last detail and spent the
time and money to do so.
On December 8, 2008, Moriarty's date to approve the Map Consolidation came on for
hearing. At that time, the Zoning Administrator approved the Map Consolidation request, but
imposed certain conditions upon the Property. Conditions 16 and 17 require that Moriarty
-2-
LAI- 2993651 v2
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provide proof of recorded access to the Property, and further requires that Moriarty obtain
approvals thereon from numerous County agencies. Conditions 16 and 17 are NOT necessary to
the Map Consolidation, which is essentially a housekeeping detail to erase old parcel lines from
the Property. Conditions 16 and 17 PREVENT Moriarty from obtaining a CO. Finally, Moriarty
objects to Condition 22 as satisfied and therefore moot.
Recorded access is not necessary to approve the Map Consolidation. More importantly,
the Map Consolidation was requested by the City, not by Moriarty, so it is ironic that this
ministerial detail for which Moriarty has no interest is preventing his enjoyment of the Property.
Finally, the only recorded access germane to the City's interest has been satisfied, so the City's
newest decree is both unnecessary and inadvertently punitive.
Ironically, record title shows that Moriarty has always had a right to use Birch Street for
ingress and egress, as will be established below.
ACCESS TO THE PROPERTY
For those new to the Property, please refer to Exhibit A attached hereto. The Moriarty
Property is one of three parcels in a row located away-from Mesa blvd. Next to Moriarty is the
Tennison property, and next to Tennison is the Brockman property. The three properties are all
situated along the JAA alleyway. In front of the properties, and between them and Mesa Blvd.,
is another property owned by Brockman (Brockman 2). As Exhibit A shows, access to the three
properties for half a century has been feasible through Birch and JAA. The owners of the
properties used both to Moriarty's knowledge. Moriarty continues to use Birch (unpaved dirt
road), and when necessary JAA. From a historical perspective, the owners have rights to use
both routes.
Problems with JAA. JAA traverses a portion of Moriarty's property, then
Tennison's property, and then a portion of Brockman's property. It is unclear who owns the final
portion of JAA to Mesa. Tennison maintains a recorded easement from the 1950s across
Brockman's portion of JAA to get to Mesa, and uses it to this day. Moriarty is next to Tennison,
and holds an easement over Tennison's property from the 1950's that was created exclusively to
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LAI- 2993651v2
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access JAA. Inexplicably, the original developer failed to record the second easement to link
Moriarty's Tennison easement to the remaining section of JAA to Mesa. Still, owners of the
Moriarty Property have used the Tennison easement and then JAA for decades to access Mesa.
Despite the obviousness of this situation, Brockman REFUSES to allow Moriarty to record his
easement right over the portion of JAA that she owns. And so, Moriarty canNOT record access
over JAA at this time. (Brockman also refused to allow Moriarty to record emergency access for
the City, but the Temrisons were more reasonable.)
2. Problems with Birch Street extension. Birch is an unimproved dirt alleyway of
poor design. As the crow flies, Birch ends at Moriarty's driveway. Owners of the Moriarty
property have used Birch to reach the Property for decades. Old maps establish Moriarty's right
to ingress and egress, something the County ignores. The County claims it recently obtained an
easement right, license or both to use Birch. The license was obtained from Brockman, who
claims she owns Birch. Moriarty disputes Brockman's ownership on Birch, and also claims that
he maintains a prior, unfettered right to use Birch for utilities and for ingress /egress. However,
in its most recent letter dated December 5, 2008, the County falsely states that Moriarty has no
right of access over Birch. Furthermore, the County has told Moriarty it won't allow Moriarty to
record anything until he builds the County a suitable improved roadway over Birch! However,
when he tried to work with the County he found (1) the County had no legal ability to grant an
easement right on Birch; (2) the City, not the County, is driving redevelopment of that area,
including Birch, and whatever the County agreed upon was irrelevant if the City didn't like it;
and (3) the County demanded hydrology studies and Coastal Commission involvement, which
according to the County's attorney, would prove so onerous that neither the City nor County
want to touch it.
And so, Moriarty cannot now record his right of access because the County REFUSES to
allow Moriarty to record an access easement on Birch, and Brockman REFUSES to allow
Moriarty to record an easement on JAA or Birch.
LAI- 2993651x2
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BROCKMAN AND MORIARTY EFFORTS FOR RESOLVE THE PROBLEMS
Although Moriarty and Brockman have been at odds, the fact is they do not disagree on
what should happen on JAA and Birch. Brockman wants Moriarty to use Birch as his primary
access. Moriarty wants to use Birch as his primary access, but will only do so once it is
improved. However, the City has not utilized its redevelopment funds to improve Birch, and the
County refuses to improve Birch. However, after Moriarty attempted to improve Birch, the
County threatened suit, and mandated removal or claimed it would remove all improvements and
bill him for the work. A realization by all parties that Birch's improvement will be horrifically
expensive and laborious given the easement rights of the many parties on it, and the Coastal
Commission's involvement, makes it impossible for Richard to do so from a cost standpoint.
MORIARTY ALREADY HAS A RECORDED RIGHT OF ACCESS OVER BIRCH
Despite the County's peculiar effort to injure Moriarty in its letter dated December 5,
2008 to the City, the County's belief that Moriarty does not have a right of access over Birch is
wrong. The County's submission of the records it reviewed to arrive at its erroneous conclusion
underscores that it didn't look hard enough.
For the city's purposes, Moriarty already holds the recorded access he needs over Birch.
Moriarty prays the City will undertake a review of title and confirm Moriarty's rights.
By deed recorded on June 19, 1924, in book 530, Page 129 of Deeds (the "1924 Deed "),
The Irvine company (TIC ") deeded almost 355 acres to the Title guarantee and Trust Company
(now known as "TICOR "), which included Birch Street and the property now owned by Mr.
Moriarty. Reservation "7" within the 1924 Deed allows all property owners to use streets to
construct utilities, including "pipe lines" within Birch Street. The 1924 Deed also provides that
successors in interest to TICOR (which includes Mr. Moriarty) have the "right to use any streets
or roads on said re- subdivision map [which later became Tract No. 706] for roads or highways,
and for use by grantor herein, or its grantees, for pipe lines, telephone, telegraph, power and
electric railway lines; provided however ... said strips shall may be used for road or highway
purposes.
-5 -
LAI-299365lv2
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Just a few months after recording the 1924 Deed, TIC and TICOR prepared and recorded
Tract No. 706. Tract 706 made specific reference to the 1924 Deed, and the County's
acceptance of Birch Street as a public road. The 1924 Deed was incorporated into Tract 706. Mr.
Moriaty's title is within Lot 121 of Tract 706, and Tract 706 is thus encumbered by the 1924
Deed.
On July 10, 1951, in Book 2145, Page 618, the county "vacated" that portion of Birch
street "lying Southwesterly of the Southwesterly line of Mesa Drive..." The County's vacation
properly notes that "(B)e it further resolved that other existing easements and or franchises shall
not be affected by these proceedings."
The County's vacation, as noted, does not affect prior existing rights, including the 1924
Deed. The vacation simply terminated the public's right to an easement over the vacated portion
of Birch Street, but kept intact the rights of the 1924 Deed.
The County later acquired fee title to a portion of Birch Street laying southerly of
Parcel 102, pursuant to a written stipulation (the "Stipulation ") which recorded on March 13,
1974, as instrument number 10170, in Book 11093, Page 1811. This Stipulation gave the
County fee title to the southeasterly 30 feet of Birch Street laying southerly of the south
boundary of Parcel 102: "[Title] is quieted in Plaintiff [County of Orange] in fee simple absolute
subject to all matters of record as against [Mr. Moriarty's prior owners]." Id. at 1813. The
Stipulation preserves the rights contained within the 1924 Deed.
The history to Birch Street establishes that Mr. Moriarty (along with all property owners
within his tract) has the right to access and use Birch as he desires, and he is further able to
install a sewer line or to otherwise construct utilities within Birch Street.
RELIEF SOUGHT BY THIS APPEAL
Moriarty has labored throughout 2008 to satisfy the City's requirements to get a CO. He
even built a road over his Tennison easement to satisfy the Fire Department's concerns, and
LAI- 299365lv2
5)-
moved a water hydrant for the benefit of his neighbors - -a significant expense. He has complied
with each of the City's requests, all the while believing that a CO would finally issue on the
Property.
But Conditions 16 and 17 cannot be satisfied nor do they need to be. The unique issues
existing on Birch, combined with uncooperative parties that claim competing rights to Moriarty
prevent satisfaction. Even though it is OBVIOUS that a recorded access point for this Property
does, and must exist (is it does for his two neighbors), no one will help Moriarty. Moriarty thus
asks for the City's help.
By this appeal, Moriarty seeks the following:
Withdrawal of Conditions 16 and 17 as unnecessary to complete the Map
Consolidation; or
2. Withdrawal of Conditions 16 and 17 as moot given record confirmation of the
deed recorded in 1924 providing Moriarty an absolute right of access across Birch without
further need for any County approvals whatsoever and the City's actual possession of an access
easement recorded in its favor in 2008;
3. Confirmation by the City (pursuant to its independent review) that Moriarty has
recordable access over Birch; and
4. Removal of Condition 22. Moriarty satisfied all Coastal Commission
requirements and secured all necessary approvals in 2003 -2004 when he obtained his building
permits.
Moriarty respectfully requests that conditions 16, 17 and 22 be removed. Removal of
these two conditions maintains the status quo, and does not impact or imperil any rights claimed
by others on JAA or Birch. It will allow Moriarty to complete the remaining conditions in the
Map Consolidation so that a CO may issue.
-7-
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EX9181t_L'l__ Exhibit "M" a
First American TSPMle Insurance Company 5
THIS MAP IS FOR INFORMATION ONLY AND IS NOT A PART OF THIS TITLE EVIDENCE
Exhibit No. 5
Zoning Administrator Memo
65
TO:
FROM:
SUBJECT:
HEARING DATE:
APPLICANT:
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
MEMORANDUM
ZONING ADMINISTRATOR
Makana Nova Assistant Planner at (949) 644 -3249 or
mnova @city. newport- beach.ca. us
2128 Mesa Drive
Parcel Map No. 2008 -024 (PA2008 -207)
December 8, 2008
Richard Moriarty
PROJECT DESCRIPTION AND SETTING
The subject property is located in the R -A (Residential - Agricultural) District in Santa Ana
Heights along Mesa Drive. The property is land locked and access is gained through a
30 -foot wide ingress /egress easement to Mesa Drive. The area of the lot is 135,036
square feet and is roughly rectangular in shape. The front yard setback for the property
is 20 feet, the side yard setbacks are 5 feet, and the rear yard setback is 25 feet.
The original building was constructed as a single - family dwelling in 1956. Demolition
and construction of a new single family residence was approved in 2003 under Plan
Check No. 0930 -2003. The building permit is currently pending approval and
recordation of the Parcel Map.
The applicant requests to combine 14 existing portions of lots and parcels into a single
parcel of land for single - family development. The property is currently developed with a
single - family dwelling and a related accessory building or structures. The proposed
parcel merger was previously approved through NP2003 -151 (PA2003 -151). However,
the applicant allowed the Parcel Map to expire before it could be recorded
Staff recommends that the Zoning Administrator approve Parcel Map No. 2008 -024,
subject to the findings and conditions of approval in Exhibit 1.
DISCUSSION
The Public Works Department has issued conditions and those pertaining to this
application are attached in the draft findings and conditions (Exhibit 1). The Building and
Utilities Departments have no comments on the project as proposed.
The findings in Exhibit 1 are required per Title 19 of the City of Newport Beach
Municipal Code to approve a parcel map. Staff believes facts are in evidence to make
those findings and support approval of the requested Parcel Map.
General Plan
The Land Use Element of the General Plan designates the site as Single -Unit
Residential Detached (RS -D), and the current development is consistent with this
designation.
Coastal Land Use Plan
The Coastal Land Use Plan designates this site as Estate Residential (RE), which is
intended to provide for very low- density single - family detached residential development
on large lots, and the current development is consistent with this designation.
Environmental Determination:
This project qualifies for an exemption from environmental review pursuant to Section
15315 (Class 5) of the Implementing Guidelines of the California Environmental Quality
Act (CEQA). The project consists of minor alterations in land use limitations in areas
with an average slope of less than 20% which do not result in any changes in land use
or density, including but not limited to minor lot line adjustments not resulting in the
creation of any new parcel.
Alternatives:
The Zoning Administrator may amend the project scope and conditions or deny this
application if the findings cannot be met.
Prepared by:
Makana Nova, Assistant Planner
EXHIBITS
1. Draft Findings and Conditions
2. Photos
3. Project Plans
61
Exhibit No. 6
Title Report
5$
Buyer/Borrower Name: .
Seller Name: : Richard A Moriarty
Property Address: 2128 Mesa Drive, Newport Beach, California
In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc.
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title
Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may
be sustained by reason of any defect, lien or encumbrance not shown or referenced to as an Exception on Schedule
B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy
forms.
The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy or
policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the
Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at
the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered
Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limits of Liability for certain coverages are also set forth in Exhibit A. Copies of
the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit
A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters,
which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title
and may not list all liens, defects, and encumbrances affecting title to the land.
This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed
prior to the issuance of a policy of title insurance a binder or commitment should be requested.
Dated as of: October 10, 2008 at 7:30 a.m. Update No. 1
James Prasch, Title Officer
When replying, please contact James Prasch, Title Officer
PA2007 -207 for NP2007 -024
2'28 MESA DRIVE
Richard Moriarty
File Number: 88525
Page I of 9
6 1
=;.
Stewart Title of California, Inc
stewart
2010 Main Street, Suite 250
title of california, inc.
p.`
Irvine, CA 92614
(949) 476 -0777 Phone
(714) 242 -9132 Fax
PRELIMINARY REPORT
Order Number
88525
Title Unit Number
2865
Buyer/Borrower Name: .
Seller Name: : Richard A Moriarty
Property Address: 2128 Mesa Drive, Newport Beach, California
In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc.
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title
Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may
be sustained by reason of any defect, lien or encumbrance not shown or referenced to as an Exception on Schedule
B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy
forms.
The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy or
policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the
Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at
the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered
Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limits of Liability for certain coverages are also set forth in Exhibit A. Copies of
the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit
A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters,
which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title
and may not list all liens, defects, and encumbrances affecting title to the land.
This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed
prior to the issuance of a policy of title insurance a binder or commitment should be requested.
Dated as of: October 10, 2008 at 7:30 a.m. Update No. 1
James Prasch, Title Officer
When replying, please contact James Prasch, Title Officer
PA2007 -207 for NP2007 -024
2'28 MESA DRIVE
Richard Moriarty
File Number: 88525
Page I of 9
6 1
PRELIMINARY REPORT
The form of Policy of Title Insurance contemplated by this report is:
❑ California Land Title Association Standard Coverage Policy
❑ American Land Title Association Owners Policy
❑ American Land Title Association Residential Title Insurance Policy
❑ American Land Title Association Loan Policy
• California Land Title Association Homeowners Policy
• ALTA Short Form Residential Loan Policy (06/16/07)
O Subdivision Guarantee
SCHEDULE A
The estate or interest in the land hereinafter described or referred to covered by this report is:
A fee, as to Parcel 1 and an easement more particularly described below, as to Parcel 2.
Title to said estate or interest at the date hereof is vested in:
Richard A. Moriarty, a single man
File Number: 88525
Page of
W
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of Orange, City of Newport
Beach, and described as follows:
PARCELI:
A PORTION OF LOT 152 IN BLOCK 51 OF IRVINE'S SUBDIVISION, AS PER MAP RECORDED IN
BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA, TOGETHER WITH PORTIONS OF LOTS 104 TO 115 INCLUSIVE
AND OF LOTS 120 AND 121 AND OF BIRCH STREET AND BAYVIEW DRIVE, AS SHOWN ON A
MAP OF TRACT NO. 706, RECORDED IN BOOK 21, PAGE 25 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS A WHOLE AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF MESA DRIVE AND CYPRESS
STREET AS SHOWN ON SAID MAP OF TRACT NO. 706; THENCE NORTH 50° 11'45' WEST 310.62
FEET ALONG THE CENTERLINE OF SAID MESA DRIVE; THENCE SOUTH 36° 12' 05" WEST
250.00 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF
THE DEED TO ROLAND H. GAPP AND WIFE, RECORDED JANUARY 11, 1952 IN BOOK 2273,
PAGE 175 OF OFFICIAL RECORDS; THENCE NORTH 50° 11'45" WEST 324.24 FEET ALONG THE
SOUTHWESTERLY LINE OF ROLAND H. GAPP TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 360 13'05" WEST 701.18 FEET TO A POINT ON A NON - TANGENT CURVE ON THE
SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO JAMES L. RUBEL AND WIFE,
RECORDED JULY 23, 1951 IN BOOK 2207, PAGE 198, OFFICIAL RECORDS, CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 800.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 150 21'53" WEST; THENCE NORTHWESTERLY 324.17 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 24° 34'40'; THENCE NORTH 50° 03'27" WEST 52.06 FEET TO
A POINT ON A NON - TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
2080.00 FEET, THE RADIAL LINE OF WHICH BEARS NORTH 43° 07' 17" WEST, SAID POINT ALSO
BEING THE MOST WESTERLY CORNER OF THE LAND DESCRIBED TN SAID DEED TO RUBEL
AND WIFE; THENCE NORTHEASTERLY 19.61 FEET ALONG SAID CURVE AND THE WESTERLY
LINE OF THE LAND DESCRIBED IN SAID DEED TO RUBEL AND WIFE, THROUGH A CENTRAL
ANGLE OF 01 32'25"; THENCE NORTH 46° 20' 18" EAST 244.34 FEET CONTINUING ALONG SAID
WESTERLY LINE TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 500.00 FEET; THENCE NORTHEASTERLY 89.50 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 10° 15'20"; THENCE NORTH 56° 35'38" EAST 418.18 FEET TO
THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 500.00
FEET; THENCE NORTHEASTERLY 25.99 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 20 58'43" TO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN THE
HEREINABOVE MENTIONED DEED TO ROLAND H. GAPP AND WIFE; THENCE SOUTH 50° I1'
45" EAST 165.99 FEET ALONG THE SOUTHERLY LINE OF ROLAND H. GAPP TO THE TRUE
POINT OF BEGINNING.
EXCEPT THAT PORTION DESCRIBED IN THE DEED TO THE ORANGE COUNTY FLOOD
CONTROL DISTRICT, RECORDED FEBRUARY 15, 1961 IN BOOK 5629, PAGE 45, OFFICIAL
RECORDS.
File Number: 88525 Page 3 of 9
ALSO EXCEPT THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE LINE
DESCRIBED IN PARCEL FO]- 105.01 IN THE FINAL ORDER OF CONDEMNATION RECORDED
DECEMBER 15, 1976 IN BOOK 11997, PAGE 22, OFFICIAL RECORDS.
PARCEL 2:
AN EASEMENT FOR INGRESS AND EGRESS, 16.00 FEET WIDE, OVER THOSE PORTIONS OF
LOTS 115,119 AND 120 OF TRACT NO. 706, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21, PAGE 25 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
LYING 8.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE NORTHERLY CORNER OF THE LAND DESCRIBED IN A DEED TO DONALD
C. DUNCAN AND WIFE, RECORDED SEPTEMBER 26, 1955 IN BOOK 3223, PAGE 70, OFFICIAL
RECORDS; THENCE SOUTH 36° 13' 05' WEST 30.06 FEET, ALONG THE NORTHWESTERLY LINE
OF SAID LAND; THENCE NORTH 50° 11'45" WEST 71.28 FEET ALONG A LINE THAT IS
PARALLEL WITH AND 30.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF THE
LAND DESCRIBED IN A DEED TO LEROY L. CARVER, JR., AND FRANCES H. CARVER,
HUSBAND AND WIFE, RECORDED MAY 9, 1961 IN BOOK 5714, PAGE 1 OF OFFICIAL RECORDS,
TO THE TRUE POINT OF BEGINNING; THENCE NORTH 69'27'56" WEST 38.02 FEET; THENCE
NORTH 860 54'56" WEST, 36.24 FEET; THENCE SOUTH 74'43'58" WEST 38.11 FEET TO A POINT
IN THE NORTHWESTERLY LINE OF SAID LAND DESCRIBED TO LEROY L. CARVER, JR., AND
FRANCES H. CARVER, HUSBAND AND WIFE, SAID POINT BEING SOUTH 36° 13'05" WEST 95.65
FEET FROM THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED TO LEROY L.
CARVER, JR., AND FRANCES H. CARVER, HUSBAND AND WIFE.
(End of Legal Description)
File Number: 88525
Page 4 of 9
SCHEDULE B
At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions
contained in said policy or policies would be as follows:
Taxes:
A. General and Special City and/or County taxes, including any personal property taxes and any
assessments collected with taxes, for the fiscal year 2008 - 2009:
1" Installment:
$15,970.56, Open
2 "d Installment:
$15,970.56, pen
Land:
$1,271,377
Improvements:
$1,792,060
Exemption:
$(7,000)
Code Area:
07 -008
Assessment No.:
439 - 061 -14
B. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(commencing with Section 75) of the Revenue and Taxation Code of the State of California.
C. Assessments, if any, for Community Facility Districts affecting said land which may exist by virtue
of assessment maps or notices filed by said districts. Said assessments are collected with the County
Taxes.
Exceptions:
1. Water rights, claims or title to water in or under said land, whether or not shown by the public
records.
2. Covenants, Conditions, and Restrictions as set forth in instrument recorded in book 530, page 128 of
Official Records, but omitting any covenant, condition or restriction, if any, based on race, color,
religion, sex, handicap, familial status, or national origin, sexual orientation, marital status, ancestry,
disability or source of income unless and only to the extent that the covenant, condition or restriction
(a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not
discriminate against handicapped persons.
Note: Section 12956.1 of the Government Code provides the following: If this document contains
any restrictions based on race, color, religion, sex, familial status, marital status, disability, national
origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any
person holding an interest in this property may request that the county recorder remove the restrictive
language pursuant to subdivision (c) of Section 12956.1 of the Government Code.
3. An easement for the purpose shown below and rights incidental thereto as set forth in a document:
Purpose: streets, alleys, pipe lines, electric power, light, telephone lines, electric
railway and incidental purposes
Recorded: in book 1229, page 238, Official Records
Affects: said land
4. The rights of way in all of the streets and alleys as shown on the map of said Tract No. 706, for either
or both pole lines and conduits and incidental purposes, as set forth in the instrument above -
File Number: 88525 Page 5 of
�v3
mentioned and as endorsed on the map of said Tract No. 706.
5. Private easements over that portion of said land within Bayview Drive and Birch Street for ingress
and egress in favor of the owners of lots in said Tract No. 706 acquired under conveyance of said lots
by reference to said map.
6. The easement over that portion of said land included within said Tract No. 706, for either or both
pole lines and conduits and incidental purposes, said easement to follow as nearly as practicable the
property lines, as set forth in the instruments above mentioned.
An easement for the purpose shown below and rights incidental thereto as set forth in a document:
In favor of: The Irvine Company, Inc.
Purpose: road and utility purposes
Recorded: in book 2207, page 196, Official Records
Affects: a strip of land 30 feet wide adjoining the northwesterly and southerly
lines of said land, together with an Spandrel Area of tangent curve at the
intersection of the southeasterly and northerly lines of said strip, having
a radius of 30 feet.
8. Covenants, Conditions, and Restrictions as set forth in instrument recorded in book 2207, page 206
of Official Records, but omitting any covenant, condition or restriction, if any, based on race, color,
religion, sex, handicap, familial status, or national origin, sexual orientation, marital status, ancestry,
disability or source of income unless and only to the extent that the covenant, condition or restriction
(a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not
discriminate against handicapped persons.
Note: Section 12956.1 of the Government Code provides the following: If this document contains
any restrictions based on race, color, religion, sex, familial status, marital status, disability, national
origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any
person holding an interest in this property may request that the county recorder remove the restrictive
language pursuant to subdivision (c) of Section 12956.1 of the Government Code.
Said Covenants, Conditions and Restrictions have been modified by instruments recorded in book
3459 page 193 and recorded March 4, 1992 as Instrument No. 92- 129934, both of Official Records.
9. An easement for the purpose shown below and rights incidental thereto as set forth in a document:
Purpose: road, public utilities and incidental purposes
Recorded: in book 2273, page 175, Official Records
Affects: the northeasterly 30 feet of Parcel I
10. An easement for the purpose shown below and rights incidental thereto as set forth in a document:
Purpose: either or both pole lines, conduits and incidental purposes
Recorded: in book 3634, page 434, Official Records
Affects: the southeasterly 6 feet of parcel I and northeast 10 feet of parcel 1
11. A perpetual air or flight easement, sometime referred to as avigation rights, in and to all the air space
above those portions of particular planes or imaginary surfaces that overlie said land for use by
aircraft, present or future, from or to the Orange-County Airport, said easements and rights being
more particularly described and defined in and granted to the County of Orange by deed recorded
March 17, 1964 in Book 6965, Page 721, Official Records, upon the terms, covenants and conditions
therein. The planes above which said easement lies are more particularly described in said deed and
File Number: 88525
Page 6 of 9
12.
13.
14.
shown on a map therein referred to.
Lack of a right of access to and from the land.
Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations
secured thereby
Amount:
$910,000.00
Dated:
February 9, 1998
Trustor:
Richard A. Moriarty, a single individual
Trustee:
Equitable Deed Company, a California Corporation
Beneficiary:
Bank of America, N.A., a National Banking Association
Recorded:
February 13, 1998 as Instrument/File No. 1998 - 083722
of Official Records.
Said Deed of Trust was subordinated to the easement referenced in Item No. 15 herein by an
instrument recorded May 16, 2002 as Instrument/File No. 2002 - 0412589 of Official Records.
The matters contained in an instrument entitled "Memorandum of Contract' ' dated February 20,
2001, by and between Richard Moriarty, a single man and the County of Orange, upon the terms
therein provided, recorded April 18, 2001 as Instrument/File No. 2001 - 0231653 of Official Records.
15. An easement for the purpose shown below and rights incidental thereto as set forth in a document
In favor of:
County of Orange
Purpose:
avigation easement
Recorded:
May 16, 2002 as Instrument No. 2002 - 0412588, Official Records
Affects:
a portion of said land
16. The matters contained in an instrument entitled "Deed Restriction ", by and between Richard A.
Moriarty and California Coastal Commission upon the terms therein provided recorded July 1, 2002
as Instrument/File No. 2002 - 0552789 of Official Records.
17. An easement for the purpose shown below and rights incidental thereto as set forth in a document:
In favor of: Southern California Edison Company
Purpose: underground electrical supply systems and communications systems
Recorded: June 28, 2007 as Instrument No. 2007- 0410475, Official Records
Affects: a portion of said land
18. An easement for the purpose shown below and rights incidental thereto as set forth in a document:
In favor of: City of Newport Beach
Purpose: non - exclusive easement for emergency ingress, egress, access, inspection,
testing and incidental purposes
Recorded: August 8, 2008 as Instrument No. 2008 - 000379469, Official Records
Affects: a portion of said land
(End of Exceptions)
File Number: 88525
Page 7 of 9
0
Exhibit No. 7
Diagram, List, and Summary of Entitlement
Documents
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Entitlement History for 2128 Mesa Drive
Created February 6, 2009
Page 11
List and Summary of Entitlement History Relevant to 2128 Mesa Drive
6/19/24 Book 530, Page 129: Corporation Grant Deed from the Irvine Company to
Title Guarantee and Trust Company
10/4/24 Tract Map 706: Birch Street (Dedicated to County)
7/8/29 Book 297, Page 147: (not relevant to subject parcels)
8/28/29 Book 1229, Page 238: (not relevant to subject parcels)
5/14/51 Greenleaf Declaration of Restrictions, Easements, Conditions, Covenants
and Reservations: Document applies to Lots 104 -121 in Tract 706.
5/29/51 Notice of Abandonment of Highway: County of Orange abandoned Birch
Street extension south of Mesa Drive.
7/10/51 Book 2145, Page 618, Proceedings for Notice of Abandonment (Board of
Supervisors, County of Orange)
7/23/51 Book 2207, Page 196, Corporation Joint Tenancy Deed: Irvine Company
grants property to Greenleaf and reserves 30' strip of land surrounding the entire
parcel for road and utility purposes.
1/11152 Book 2273, Page 175, Joint Tenancy Grant Deed: Rubel grants Gapp the
Brockman property and Southwesterly 30' easement. Rubel reserves easements
along Southeast, Northwest, Northeast, and Southwest /Southeast intersection
(rounded w/ 20' radius).
3/30/56 Book 3492, Page 299, Right of Way: Gas easement granted from Gapp,
Burroughs, Hoag, and Duncan to Southern Counties Gas Company of California.
4/2/56 Modified Greenleaf Declaration of Restrictions, Easements, Conditions,
Covenants and Reservations
9/5/56 Book 3634, Page 434, Grant of Easement: Wilson, Halderhan, and Burroughs
grant Southern California Edison an electric energy easement.
7/20/59 Book 4805, Page 240, Corporation Quitclaim Deed: Irvine Company Quitclaim
Deed (remises, releases, and quitclaims /disclaims all right, title, and interested
whether vested, conditional, or contingent to subject properties in Tract 706).
3/8/63 Book 6458, Page 555 -559, Deed of Trust and Assignment of Rents (Long
Form): Carver grants Orange Coast Associates, Inc. the Tennison Property
excepting Irvine Co. 30 foot easement and grants 30 foot easement Southwest of
Brockman property and Rubel owned 30 foot easement of Jackass Alley.
Entitlement History for 2128 Mesa Drive
Created February 6, 2009
Page 12
7/21/70 Book 9351, Page 639, Easement Deed: Carver grants 16 foot easement to
Jackass Alley to Bayless /Cowell of the Moriarty property.
4/22/75 Book 11385, Page 1909, Grant of Easements: Irvine Co. grants non - exclusive
easements for vehicular, pedestrian, and bicycle ingress and egress purposes to
the State of California.
2/16/89 Record of Survey 88 -1081: Survey indicates recorded easements.
5/17/90 Document 90- 26839, Grant Deed. Carla Brockman Grant Deed for property
consisting of portions of Lots 114, 115, 118, and 119 in Tract 706.
3/4/92 Extension of Greenleaf Declaration of Restrictions, Easements, Conditions,
Covenants and Reservations (extended an additional 10 years until 12/31/02)
5/25/93 Document 93- 0436812, Grant Deed. Carla Brockman Grant Deed for property
consisting of potions of Lots 118 -121 in Tract 706.
9/4/97 Document 19970428866, Grant Deed. Newport Golf Club Partners grant by
eminent domain to the County of Orange (refer to highlighted map)
2/13/98 Document 19980083721, Grant Deed. Richard Pick grants Richard Moriarty
property. Description includes 16 foot Tennison property easement over lots 115,
119, and 120)
2/26/98 Document 1998107282, Corporation Grant Deed. Correction of legal
description of the easement along Southeast of Brockman Property.
1/8/01 Document 20010013115, Covenant and Agreement to Hold Brockman
Property as a Single Parcel and Building Site
1/24/01 Letter to Ms. Templeton, Ms. Condon, and Mr. Burnham from Mr. Cosgrove
2/26/01 Letter to Mr. Cosgrove from the County of Orange
7/1/02 Document 20020552789, Deed Restriction. Coastal Commission Permit and
Deed Restrictions for 2128 Mesa Drive.
5/14/03 Document 2003000592265, Final Order of Condemnation: State condemned
to County of Orange (See Birch St. map with highlighted abandonment area and
sloped areas, condemned by eminent domain)
9/22/03 Document 2003001162343, Grant Deed. Tennison Grant Deed (legal
description of Tennison property and easement over Brockman and Rubel
properties).
-)'6
Entitlement History for 2128 Mesa Drive
Created February 6, 2009
Page 13
11/9/06 Document 2006000758871, Abandonment of Easement: Irvine Company
abandoned Birch Street easement to underscore that the land was granted to
Greenleaf in 1951 and the easement to the State of California in 1975.
11/17/06 Letter from Irvine Company Denying Ownership of Brockman Property and:
Explains the lots were transferred to Greenleaf in 1951 and reserved easement
for road and utility purposes and the Irvine Company has since abandoned rights
to the easement in the enclosed, recorded abandonment document.
6/28/07 Document 2007000410475: Grant of Easement: Moriarty grants Southern
California Edison an easement.
8/08/08 Document 2008000379469: Tennisson's and Mr. Moriarty grant the City of
Newport Beach an emergency ingress /egress access easement along Jackass
Alley via the Tennisson's easement.
10/12/08 County of Orange Mesa Drive Right -of -Way Map
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Exhibit No. 8
Photos of subject property
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Exhibit No. 9
Letters submitted for Planning Commission
consideration
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O R A N G E C O U N T Y
(c, Community Resources
Our Community. our Commitment.
February 10, 2009
Makana Nova, Assistant Planner
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
RXEND By
PLANNINOID&A NT
FEB 10 2009
M
Steve Franks
Dircetor
OC C'mnmuniry Resources
Jennifer Phillips
Dirwor
OC Animal Care
Karen Roper
Director
OC CunmIDaip' scrvices
Murk Denny
Dhcc (or
OC parks
Helen Fried
County Lib�ariaa
OC Vublic Libraries
REQUEST TO DENY APPEAL TO REMOVE CONDITION #16 FROM PARCEL MAP NO. NP2008 -024
Dear Ms. Nova:
As has been stated in our previous correspondence, County staff is concerned about the lack of evidence
of existing rights for ingress or egress to access 2242 Mesa Drive (Moriarty) through an abandoned
portion of Birch Street (access route). Staff understands that this access route lies within adjacent
property at 2100 Mesa Drive (Brockman). Brockman's retained attorney, David Cosgrove, conducted an
independent title search and also concluded that Moriarty does not have legal access through that access
route. Furthermore, the County entered a license agreement in 2001 with Brockman involving the access
route; it indemnifies Brockman for the allowed public uses over the access route.
It is essential that clear rights be shown for access to the Moriarty property over the access route, as
required by Condition No. 16 for Parcel Map No. NP2008 -024, in consideration of the liabilities at stake
and the remaining issues to be addressed. The County is in receipt of Moriarty's "Notice of Appeal from
Zoning administrator dated December 8, 2008," received by the City Planning Department on December
22, 2008. The County has reviewed this letter, and it is evident that on the basis of the information therein
that any interest in Birch Street was extinguished by the 1951 abandonment of Birch Street and that
Moriarty has not presented any new evidence to establish legal access to his parcel. Consequently,
please consider this letter the County's formal request to deny the appeal and retain Condition No. 16 for
Parcel Map NP2008 -024.
Should you have any questions, please feel free to contact me at 949 - 923 -3749 or
harry. h uggins(d)rd md. ocgov. com.
Siner ly,
Harry OgIns, As anager
cc: Dave Cosgrove
ti.'�FJC !L�
13042 Old Myford Road. Irvine CA, 92602 • Phone (866) OCPARKS Fax (714) 667.6511
14
Exhibit No. 10
Project Plans
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