HomeMy WebLinkAbout02 - Hill Parcel Map��WpoR COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
U$ 3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949) 644 -3200 Fax: (949) 644 -3229
CgCIFONN�P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 29, 2012
Agenda Item No. 2
SUBJECT: Hill Parcel Map - (PA2012 -005)
604 Acacia Avenue
■ Tentative Parcel Map No. NP2012 -001
• County Tentative Parcel Map No. TP No. 2011 -135
APPLICANT: Michael C. Hill
PLANNER: Melinda Whelan, Assistant Planner
(949) 644 -3221, mwhelan @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: R -2 (Two -Unit Residential)
• General Plan: RT (Two -Unit Residential)
• Coastal Land Use Plan : RT -D (Two Unit Residential - 20.0 - 29.9 DU /AC)
PROJECT SUMMARY
A parcel map for two -unit condominium purposes. No waivers of Title 19 (Subdivisions)
development standards is proposed. An existing single - family dwelling was demolished
and a new duplex to be finaled as condominiums is being constructed.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map
No. NP2012 -001 No. (Attachment No. ZA 1).
• An existing single - family dwelling was demolished and a new duplex is being
constructed.
• The property is designated for two -unit residential use by the General Plan and
Zoning Code. The new duplex is consistent with this designation and a parcel
map for condominiums does not change the use.
• The parcel map approval will allow the units to be sold separately.
• The new duplex conforms to all current Municipal Code requirements and the
condominiums will meet all of the Title 19 standards.
ENVIRONMENTAL REVIEW
The project qualifies for Class 15 (Minor Land Divisions) categorical exemption, Section
15315 of the California Environmental Quality Act because The Class 15 exemption
allows the division of property in urbanized areas zoned for residential, commercial, or
industrial use into four or fewer parcels when the division is in conformance with the
General Plan and zoning, no variances or exceptions are required, all services and
access to the proposed parcels to local standards are available, the parcel was not
involved in a division of a larger parcel within the previous 2 years, and the parcel does
not have an average slope greater than 20 percent. The proposed parcel map is for
condominium purposes and is consistent with all of the requirements of the Class 15
exemption.
PUBLIC NOTICE
Notice of this application was mailed to all owners of property within 300 feet of the
boundaries of the site (excluding intervening rights -of -way and waterways) including the
applicant and posted on the subject property at least 10 days prior to the decision date,
consistent with the provisions of the Municipal Code.
APPEAL PERIOD: An appeal may be filed with the Director of Community Development
or City Clerk, as applicable, within fourteen (14) days following the date the action or
decision was rendered unless a different period of time is specified by the Municipal Code
(e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line
adjustments, or lot mergers). For additional information on filing an appeal, contact the
Planning Division at 949 644 -3200.
Prepared by:
n n
Melinda Whelan, Assistant Planner
GR /msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Tentative Parcel Map
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA 2012-
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING TENTATIVE PARCEL
MAP NO. NP2012 -001 FOR A PARCEL MAP FOR TWO -UNIT
CONDOMINIUM PURPOSES. (PA2012 -005)
THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Michael C. Hill, with respect to property located at 604 Acacia
Avenue, and legally described as Lot 6, Block 629, Tract CDM requesting approval of a
Tentative Parcel Map.
2. No waivers of Title 19 (Subdivisions) development standards are proposed. An existing
single - family was demolished and a new duplex is being constructed and will be
condominiums with the tentative parcel map.
3. The subject property is located within the Two -Unit Residential (R -2) Zoning District and
the General Plan Land Use Element category is Two -Unit Residential (RT).
4. The subject property is located within the coastal zone in the categorical exclusion zone.
5. A public hearing was held on February 29, 2012, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The project has been reviewed, and it qualifies for a categorical exemption pursuant to
Section 15301 of the California Environmental Quality Act under Class Class 15 (Minor
Land Divisions) of the Implementing Guidelines of the California Environmental Quality
Act.
2. The Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four or fewer parcels when the division is
in conformance with the General Plan and zoning, no variances or exceptions are
required, all services and access to the proposed parcels to local standards are
available, the parcel was not involved in a division of a larger parcel within the
previous 2 years, and the parcel does not have an average slope greater than 20
percent. The proposed parcel map is for condominium purposes and is consistent with
all of the requirements of the Class 15 exemption.
Zoning Administrator Resolution No. ZA 2012 -
Page 2 of 9
SECTION 3. REQUIRED FINDINGS.
The Zoning Administrator determined in this case that the proposed parcel map is consistent
with the legislative intent of Title 20 of the Newport Beach Municipal Code and is approved
based on the following findings per Section 19.12.070 of Title 19:
Finding
A. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with applicable
provisions of the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding
1. The proposed Parcel Map is for two -unit condominium purposes. An existing single -
family dwelling was demolished and is being replaced with a new duplex. The
proposed subdivision and improvements are consistent with the density of the R -2
Zoning District and the current General Plan Land Use Designation "Two Unit
Residential'.
Finding
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding
1. The lot is regular in shape, has a slope of less than 20 percent, and is suitable for two
unit development.
Finding
C. That the design of the subdivision or the proposed improvements will not cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife
or their habitat. However, notwithstanding the foregoing, the decision - making body
may nevertheless approve such a subdivision if an environmental impact report was
prepared for the project and a finding was made pursuant to Section 21081 of the
California Environmental Quality Act that specific economic, social, or other
considerations make infeasible the mitigation measures or project alternatives
identified in the environmental impact report.
Facts in Support of Finding
1. This project has been reviewed, and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act under Class
15 (Minor Land Divisions) which allows the division of property in urbanized areas
zoned for residential, commercial, or industrial use into four or fewer parcels when the
division is in conformance with the General Plan and zoning, no variances or
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Zoning Administrator Resolution No. ZA 2012 -
Page 3 of 9
exceptions are required, all services and access to the proposed parcels to local
standards are available, the parcel was not involved in a division of a larger parcel
within the previous 2 years, and the parcel does not have an average slope greater
than 20 percent. The proposed parcel map is for condominium purposes and is
consistent with all of the requirements of the Class 15 exemption.
Finding
D. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Facts in Support of Finding
1. The proposed Parcel Map is for residential condominium purposes. All construction for
the project will comply with all Building, Public Works, and Fire Codes, which are in
place to prevent serious public health problems. Public improvements will be required
of the developer per Section 19.28.010 of the Municipal Code and Section 66411 of
the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will
be complied with.
Finding
E. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision. In this connection, the decision- making body may
approve a map if it finds that alternate easements, for access or for use, will be
provided and that these easements will be substantially equivalent to easements
previously acquired by the public. This finding shall apply only to easements of record
or to easements established by judgment of a court of competent jurisdiction and no
authority is hereby granted to the City Council to determine that the public at large has
acquired easements for access through or use of property within a subdivision.
Facts in Support of Finding
1. The design of the development will not conflict with any easements acquired by the
public at large for access through or use of property within the proposed development
as there are no public easements that are located on the property.
Finding
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act,
if the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act), the resulting parcels following a
subdivision of the land would not be too small to sustain their agricultural use or the
subdivision will result in residential development incidental to the commercial
agricultural use of the land.
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Zoning Administrator Resolution No. ZA 2012 -
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Facts in Support of Finding
1. The property is not subject to the Williamson Act since the subject property is not
designated as an agricultural preserve and is less than 100 acres.
Finding
G. That, in the case of a "land project' as defined in Section 11000.5 of the California
Business and Professions Code: (a) there is an adopted specific plan for the area to
be included within the land project; and (b) the decision- making body finds that the
proposed land project is consistent with the specific plan for the area.
Facts in Support of Finding
1. The property is not a "land project' as defined in Section 11000.5 of the California
Business and Professions Code.
2. The project is not located within a specific plan area.
Finding
H. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map
Act.
Facts in Support of Finding
1. The proposed Parcel Map and improvements are subject to Title 24 of the California
Building Code that requires new construction to meet minimum heating and cooling
efficiency standards depending on location and climate. The Newport Beach Building
Department enforces Title 24 compliance through the plan check and inspection
process.
Finding
1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City's share of the
regional housing need and that it balances the housing needs of the region against the
public service needs of the City's residents and available fiscal and environmental
resources.
Facts in Support of Finding
1. The allowed residential density on the site will remain the same, which allows two units
in the R -2 Zoning District. Therefore, the parcel map for condominium purposes will
not affect the City in meeting its regional housing need.
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Zoning Administrator Resolution No. ZA 2012 -
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2. The increase in units requires the payment of an in -lieu fee for park dedication and
housing.
Finding
J. That the discharge of waste from the proposed subdivision into the existing sewer
system will not result in a violation of existing requirements prescribed by the Regional
Water Quality Control Board.
Facts in Support of Finding
1. Wastewater discharge into the existing sewer system has been designed to comply
with the Regional Water Quality Control Board (RWQCB) requirements.
Finding
K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public
access and recreation policies of Chapter Three of the Coastal Act.
Facts in Support of Finding
1. The subject property is located within the Categorical Exclusion Zone of the Coastal
Zone. The proposed parcel map is for a two -unit condominium project on a property
with a Coastal Land Use designation of Two -Unit Residential (RT -D) therefore, it is
consistent with the Local Coastal Program. The subject property is not adjacent the
ocean front and access and recreation policies do not apply.
Finding
L. That public improvements will be required of the Applicant per the Municipal Code and
the Subdivision Map Act.
Facts in Support of Finding
1. The project has been conditioned to require public improvements including existing
broken or otherwise damaged sidewalks, curbs, and gutters; and the planting of a tree.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Parcel Map No.
NP2012 -001, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
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Zoning Administrator Resolution No. ZA 2012 -
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2. Tentative Parcel Map applications do not become effective until 10 days following the
date of action. Prior to the effective date, the applicant or any interested party may
appeal the decision of the Zoning Administrator to the Planning Commission by
submitting a written appeal application to the Community Development Director. For
additional information on filing an appeal, contact the Planning Division at (949) 644-
3200.
PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF February, 2012.
am
Brenda Wisneski, AICP, Zoning Administrator
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Zoning Administrator Resolution No. ZA 2012 -
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EXHIBIT "A"
CONDITIONS OF APPROVAL
Conditions
A parcel Map shall be recorded. The Map shall be prepared on the California
coordinate system (NAD88). Prior to recordation of the Map, the surveyor /engineer
preparing the Map shall submit to the County Surveyor and the City of Newport Beach
a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337
of the Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18. The Map to be submitted to the City of Newport Beach shall
comply with the City's CADD Standards. Scanned images will not be accepted.
2. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the
Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle
18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless
otherwise approved by the Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of construction project.
3. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
4. All existing overhead utilities shall be undergrounded in accordance with Section
19.28.090 of the Municipal Code.
5. All above ground improvements shall stay at a minimum 5 -foot clear of the alley
setback.
6. Acacia Avenue is part of the City's Moratorium List. Work performed on said
roadways will require additional surfacing requirements. See City Standard 105 -L -F.
7. 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 and replaced with sod /lawn.
8. Each unit shall be served by its individual water meter and sewer lateral and cleanout.
Each water meter and sewer cleanout shall be installed with a traffic -grade box and
cover. Water meter and the sewer cleanout shall be located within the Public right -of-
way.
9. An encroachment permit is required for all work activities within the public right -of -way.
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Zoning Administrator Resolution No. ZA 2012 -
Page 8 of 9
10. Reconstruct the existing broken and /or otherwise damaged concrete sidewalk panels,
curb and gutter along the Acacia Avenue frontage. Limits of reconstruction are at the
discretion of the Public Works inspector.
11. All improvements shall comply with the City's sight distance requirement (City
Standard STD - 110 -L).
12. All on -site drainage shall comply with the latest City Water Quality requirements.
13. Per Chapter 13 of the City Municipal Code, one (1) new 36" box Tristania Laurina
(Water Gum) street tree shall be planted along the Acacia Avenue frontage, unless
otherwise approved by the Municipal Operations Department.
14. A Public Works Department encroachment permit inspection is required before the
Building Division permit final can be issued. At the time of Public Works Department
inspection, if any of the existing public improvements surrounding the site is damaged,
new concrete sidewalk, curb and gutter, and alley /street pavement will be required and
100% paid by the owner. Said determination and the extent of the repair work shall be
made at the discretion of the Public Works Inspector.
15. Each dwelling unit shall be served with individual gas and electrical service connection
and shall maintain separate meters for the utilities.
16. 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.
17. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport
Beach Municipal Code, approved street numbers or addresses shall be placed on all
new and existing buildings in such a location that is plainly visible and legible from the
street or road fronting the subject property. Said numbers shall be of non - combustible
materials, shall contrast with the background, and shall be either internally or
externally illuminated to be visible at night. Numbers shall be no less than four inches
in height with a one -inch wide stroke. The Planning Division Plan Check designee
shall verify the installation of the approved street number or addresses during the plan
check process for the new or remodeled structure.
18. Prior to recordation of the parcel map an in -lieu park dedication and housing fee shall
be paid for the new residential unit.
19. Subsequent to recordation of the Parcel Map, the applicant shall apply for a building
permit for description change of the subject project development from "duplex" to
,.condominium." The development will not be condominiums until this permit is
finaled. The building permit for the new construction shall not be finaled until after
recordation of the Parcel Map.
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Zoning Administrator Resolution No. ZA 2012 -
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20. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to City's approval of the Acacia
Avenue Parcel Map including, but not limited to, the PA2012 -005. This indemnification
shall include, but not be limited to, damages awarded against the City, if any, costs of
suit, attorneys' fees, and other expenses incurred in connection with such claim,
action, causes of action, suit or proceeding whether incurred by applicant, City, and /or
the parties initiating or bringing such proceeding. The applicant shall indemnify the
City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing
the indemnification provisions set forth in this condition. The applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
21. This Parcel Map shall expire if the map has not been recorded within three years of
the date of approval, unless an extension is granted by the Planning Director in
accordance with the provisions of Section 19.16 of the Newport Beach Municipal
Code.
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Attachment No. ZA 2
Vicinity Map
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Tentative Parcel Map No. NP2012 -001
PA2012 -005
604 Acacia Avenue
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Attachment No. ZA 3
Project Plans
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TENTATIVE PARCEL MAP
NO. 2 011= 135
BEING A SUBDIVISION OF: LOT 6, BLOCK 529, CORONA DEL MAR TRACT
FOR CONDOMINIUM PURPOSES, 1 PARCEL
(604 ACACIA, CORONA DEL MAR)
DATE: 11 -30 -11
OWNER AND SUBDIVIDER:
MICHAEL HILL
712 FERNLEAF
CORONA DEL MAR, CA 92625
BENCH MARK:
CHISLED SQUARE ON T.C. AT P.L. PROD
Elevation = 100.00 ASSUMED DATUM
Q McCAIDS SOT AND TAG L.S. 4653
ON PL FROO., l.W Matt THE CORNER
PREPARED BY:
RON MIEDEMA L.S. 4653
23016 LAKE FOREST DRIVE #409
LACUNA HILLS, CA 92653
(949) 858 -2924 OFFICE
(949) 858 -3438 FAX
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