HomeMy WebLinkAbout02 - 309 Goldenrod Parcel Map_PA2013-009�EWPOo COMMUNITY DEVELOPMENT DEPARTMENT
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PLANNING DIVISION
U$ 3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949) 644 -3200 Fax: (949) 644 -3229
cgCIFORN�P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 28, 2013
Agenda Item # 2
SUBJECT: 309 Goldenrod Avenue Parcel Map - (PA2013 -009)
309 Goldenrod Avenue
• Tentative Parcel Map No. NP2013 -002
• County Tentative Parcel Map No. 2012 -158
APPLICANT: Galina Cohen
PLANNER: Jason Van Patten, Planning Technician
(949) 644 -3234, jvanpatten @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: R -2 (Two -Unit Residential)
• General Plan: RT (Two -Unit Residential)
PROJECT SUMMARY
A parcel map for two -unit condominium purposes. No exceptions to Title 19 (Subdivision
Code) development standards are proposed with this application. An existing single - family
residence will be demolished and replaced with a two -unit condominium project that will
provide the code required two -car parking per unit. The parcel map would allow each unit
of the project to be sold individually.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Parcel Map No.
NP2013 -002 (Attachment No. ZA 1).
DISCUSSION
An existing single - family residence (approximately 625 square feet) is to be
demolished and replaced with a new 4,917- square -foot two -unit condominium
that was approved for Building permits, November 28, 2012.
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309 Goldenrod Avenue Parcel Map
March 28, 2013
Page 2
• The property is designated for two -unit residential use by the General Plan and
Zoning Code. The new condominium project is consistent with this designation
and a parcel map for condominiums does not change the use.
• Approval of the parcel map will allow each unit to be sold separately.
• The new condominium project will conform to current Newport Beach Municipal
Code requirements and meet all Title 19 standards.
• Public improvements will be required of the applicant per the Municipal Code and
Subdivision Map Act.
• The applicant will be subject to fees for park dedication and affordable housing in
accordance with the provisions of Section 19.52 and 19.54 of the Newport Beach
Municipal Code.
ENVIRONMENTAL REVIEW
The project has been reviewed, and qualifies for a Class 15 (Minor Land Divisions)
categorical exemption pursuant to Title 14 of the California Code of Regulations (Section
15315, Article 19 of Chapter 3, Guidelines for Implementation of the California
Environmental Quality Act). The Class 15 exemption allows the division of property in
urbanized areas zoned for residential, commercial, or industrial use into four or fewer
parcels when the division is in conformance with the General Plan and zoning, no
variances or exceptions are required, all services and access to the proposed parcels
are available, the parcel was not involved in a division of a larger parcel within the
previous two 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 hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of -way and
waterways) including the applicant, and posted on the subject property at least ten (10)
days prior to the decision date, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the City website.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within ten (10) days
following the date the action or decision was rendered. For additional information on filing
an appeal, contact the Planning Division at (949) 644 -3200
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309 Goldenrod Avenue Parcel Map
March 28, 2013
Page 3
Prepared by:
I R
Jas Van Patten
Planning Technician
JG /jvp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Parcel Map No. NP2013 -002
County Tentative Parcel Map No. 2012 -158
3
4
Attachment No. ZA 1
Draft Resolution
5
0
RESOLUTION NO. ZA2013 -0 ##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2013 -002 FOR A PARCEL MAP FOR TWO -UNIT
CONDOMINIUM PURPOSES LOCATED AT 309 GOLDENROD
AVENUE (PA2013 -009)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Galina Cohen, with respect to property located at
309 Goldenrod Avenue, and legally described as Lot 9 and the southwesterly 10 feet of
Lot 11 in Block 233, excepting therefrom the northwesterly 27 feet of the northeasterly 2
feet of the southwesterly 10 feet of Lot 11 in Block 233 of Corona del Mar, as per map
thereof recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps, records of said
Orange County, by Deed dated September 20, 1956, recorded September 24, 1956, in
Book 3654, Page 116, official records of Orange County requesting approval of a
tentative parcel map.
2. The applicant proposes a tentative parcel map for two -unit condominium purposes. No
exceptions to the Title 19 (Subdivision Code) development standards are proposed
with this application. The code required two -car parking per unit will be provided by the
new development.
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. The Coastal Land Use Plan
category is Two -Unit Residential (RT -D).
5. A public hearing was held on March 28, 2013, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project has been reviewed, and qualifies for a Class 15 (Minor Land Divisions)
categorical exemption pursuant to Title 14 of the California Code of Regulations (Section
15315, Article 19 of Chapter 3, Guidelines for Implementation 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
rW,
Zoning Administrator Resolution No. ZA2013 -0 ##
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in conformance with the General Plan and zoning, no variances or exceptions are
required, all services and access to the proposed parcels are available, the parcel was
not involved in a division of a larger parcel within the previous two years, and the
parcel does not have an average slope greater than 20 percent. The proposed parcel
map is for condominium purposes and is consistent with all of the requirements of the
Class 15 exemption.
SECTION 3. REQUIRED FINDINGS.
The Zoning Administrator determined in this case that the proposed parcel map is consistent
with the legislative intent of Title 20 of the Newport Beach Municipal Code and is approved
based on the following findings per Section 19.12.070 (Required Findings for Action on
Tentative Maps) 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:
A -1. The proposed parcel map is for two -unit condominium purposes. An existing
single- family residence (approximately 625 square feet) will be demolished and
replaced with a new 4,917- square -foot two -unit condominium project. 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:
B -1. The lot is physically suitable for two -unit development because it is regular in shape
and has a slope of less than 20 percent.
Finding:
C. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage nor substantially and avoidably injure fish or
wildlife or their habitat. However, notwithstanding the foregoing, the decision making
body may nevertheless approve such a subdivision if an environmental impact report
was prepared for the project and a finding was made pursuant to Section 21081 of the
California Environmental Quality Act that specific economic, social, or other
considerations make infeasible the mitigation measures or project alternatives
identified in the environmental impact report.
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Facts in Support of Finding:
C -1. This project has been reviewed, and it has been determined that it qualifies for a Class
15 categorical exemption pursuant to Title 14 of the California Code of Regulations
(Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California
Environmental Quality Act). The Class 15 (Minor Land Divisions) exemption allows the
division of property in urbanized areas zoned for residential, commercial, or industrial
use into four or fewer parcels when the division is in conformance with the General
Plan and zoning, no variances or exceptions are required, all services and access to
the proposed parcels are available, the parcel was not involved in a division of a larger
parcel within the previous two 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:
D -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 (General Improvement Requirements) of the
Municipal Code and Section 66411 (Local agencies to regulate and control design of
subdivisions) of the Subdivision Map Act. All ordinances of the City and all Conditions
of Approval will be complied with.
Finding:
E. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision. In this connection, the decision making body may
approve a map if it finds that alternate easements, for access or for use, will be
provided and that these easements will be substantially equivalent to ones previously
acquired by the public. This finding shall apply only to easements of record or to
easements established by judgment of a court of competent jurisdiction and no
authority is hereby granted to the City Council to determine that the public at large has
acquired easements for access through or use of property within a subdivision.
Facts in Support of Finding:
E -1. The design of the development will not conflict with easements acquired by the public
at large, for access through, or use of property within the proposed development,
because there are no public easements located on the property.
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Finding:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act,
if the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act), the resulting parcels following a
subdivision of the land would not be too small to sustain their agricultural use or the
subdivision will result in residential development incidental to the commercial
agricultural use of the land.
Facts in Support of Finding:
F -1. The property is not subject to the Williamson Act because the subject property is not
designated as an agricultural preserve and is less than 100 acres in area.
F -2. The site developed for residential use lies in a residentially zoned area.
Finding:
G. That, in the case of a "land project' as defined in Section 11000.5 of the California
Business and Professions Code: (1) There is an adopted specific plan for the area to
be included within the land project; and (2) the decision making body finds that the
proposed land project is consistent with the specific plan for the area.
Facts in Support of Finding:
G -1. The property is not a "land project' as defined in Section 11000.5 of the California
Business and Professions Code because the existing subdivision does not contain 50
or more parcels.
G -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 Findin
H -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
Division enforces Title 24 compliance through the plan check and inspection process.
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Finding:
I. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City's share of the
regional housing need and that it balances the housing needs of the region against the
public service needs of the City's residents and available fiscal and environmental
resources.
Facts in Support of Finding:
1 -1. The two -unit condominium project is consistent with the R -2 Zoning District which
allows two units on the property. Therefore, the parcel map for condominium purposes
will not affect the City in meeting its regional housing need.
Finding:
J. That the discharge of waste from the proposed subdivision into the existing sewer
system will not result in a violation of existing requirements prescribed by the Regional
Water Quality Control Board.
Facts in Support of Finding:
J -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:
K -1. The proposed parcel map is for two -unit condominium purposes. The proposed
subdivision and improvements are consistent with the Coastal Land Use Plan
designation RT -D (Two -Unit Residential).
K -2. The subject property conforms to public access policies of Chapter Three of the
Coastal Act because the new development maintains public access from the nearest
public roadway to the shoreline and along the coast.
K -3 Recreation policies pertaining to water - oriented recreational activities and uses
contained within Chapter Three of the Coastal Act are not applicable to the subject
property.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Parcel Map No.
NP2013 -002, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
2. This action shall become final and effective ten days after the adoption of this Resolution
unless within such time an appeal is filed with the Director of Community Development in
accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal
Code.
PASSED, APPROVED AND ADOPTED THIS 281h DAY OF MARCH, 2013.
By:
Brenda Wisneski, AICP, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. A parcel map shall be recorded. The map shall be prepared on the California
coordinate system (NAD88). Prior to recordation of the map, the surveyor /engineer
preparing the Map shall submit to the County Surveyor and the City of Newport Beach
a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337
of the Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18. The map to be submitted to the City of Newport Beach shall
comply with the City's CADD Standards. Scanned images will not be accepted.
2. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in 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. As per California Fire Code Section 903.2.8, an automatic sprinkler system shall be
installed throughout all new buildings in a Group R occupancy. Each unit will require
separate utilities for the fire sprinklers.
4. Smoke alarms shall be installed outside of each separate dwelling unit sleeping area
in the immediate vicinity of bedrooms, and on every level of a dwelling unit including
basements.
5. Prior to the recordation of the parcel map, in -lieu housing fees for one additional
dwelling unit shall be paid consistent with the fee amount in effect at the time of
payment as established by the City of Newport Beach Municipal Code.
6. Prior to the recordation of the parcel map, park dedication fees for one additional
dwelling unit shall be paid consistent with the fee amount in effect at the time of
payment as established by the City of Newport Beach Municipal Code.
7. Prior to the issuance of building permits, fair -share fees for one additional dwelling unit
shall be paid consistent with the fee amount in effect at the time of payment as
established by the City of Newport Beach Municipal Code.
8. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
9. The applicant shall reconstruct the existing broken and /or otherwise damaged
concrete curb, gutter, sidewalk and alley panels along the Goldenrod Avenue frontage.
Limits of reconstruction are at the discretion of the Public Works inspector.
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10. Additional public works improvements, including street and alley reconstruction work
may be required at the discretion of the Public Works Inspector.
11. All existing overhead utility connections shall be placed underground.
12. The applicant shall install new sod or low groundcovers of the type approved by the
City throughout the Goldenrod Avenue parkway fronting the development site.
13. All private, non - standard improvements within the Goldenrod Avenue or alley public
right -of -way shall be removed.
14. All above ground improvements shall stay clear of the alley setback.
15. Each dwelling 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 meters and sewer cleanouts shall be located within the public
right -of -way.
16. Each unit shall be served with individual gas and electrical service connections and
shall maintain separate utility meters.
17. Two -car parking, including one in a garage and one covered or in a garage, shall be
provided on site for each dwelling unit per requirements of the Zoning Code.
18. 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.
19. An approved encroachment permit is required for all work activities within the public
right -of -way.
20. 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 are
damaged, new concrete sidewalk, curb and gutter, and alley /street pavement will be
required and 100 percent paid by the owner. Said determination and the extent of the
repair work shall be made at the discretion of the Public Works Inspector.
21. All improvements shall comply with the City's sight distance requirement. See City
Standard 110 -L.
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22. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right -of -way may be
required at the discretion of the Public Works Inspector.
23. All on -site drainage shall comply with the latest City Water Quality requirements.
24. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City -
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
25. Prior to the 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.
26. 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
309 Goldenrod Avenue Parcel Map including, but not limited to, Parcel Map
No. NP2013 -002 (PA2013 -009). 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.
27. This parcel map shall expire if the map has not been recorded within 24 months 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.
15
10
Attachment No. ZA 2
Vicinity Map
17
12
Tentative Parcel Map No. NP2013 -002
PA2013 -009
309 Goldenrod Avenue
29
20
Attachment No. ZA 3
Parcel Map No. NP2013 -002
County Tentative Parcel Map No. 2012 -158
21
22
PARCEL'1' LAND AREA:
4,667 SQUARE FEET
0.11 ACRES
ZONING:
R -2 (TWO -UNIT RESIDENTIAL)
SEWER AND STORM DRAIN:
TIE INTO EXISTING CITY FACILITY.
PROPOSED USE OF LAND:
RESIDENTIAL /CONDOMINIUM
ASSESSOR'S PARCEL NUMBER:
052 - 081 -09
NUMBER OF PARCELS:
ONE
SITE ADDRESS:
309 GOLDENROD AVENUE
CORONA DEL MAR, CALIFORNIA 92625
FLOOD ZONE:
ZONE X
EASEMENTS:
THERE ARE NO EASEMENTS OF RECORD
AFFECTING THE SUBJECT PROPERTY.
OWNER:
GALINA COHEN & WILLIAM MCBRIDE
309 GOLDENROD AVENUE
CORONA DEL MAR, CALIFORNIA 92625
SUBDIVIDER /APPLICANT(S):
GALINA COHEN & WILLIAM MCBRIDE
309 GOLDENROD AVENUE
CORONA DEL MAR, CALIFORNIA 92625
101.97 (102.
I I
TITLE REPORT /EASEMENT NOTES
TENTATIVE PARCEL MAP NO. 2012- 158
309 GOLDENROD AVENUE
CORONA DEL MAR, CA 92625
309 GOLDENROD AVENUE
CORONA DEL MAR, CALIFORNIA 92625 PREPARED BY:
(APN: 052 - 081 -09)
APEX LAND SURVEYING, INC.
TITLE REPORT NO. O -SA- 3993913
LEGAL DESCRIPTION LEGEND
REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE
OF CALIFORNIA DESCRIBED AS FOLLOWS:
LOT 9 AND THE SOUTHWESTERLY 10 FEET OF LOT 11 IN BLOCK 233, OF CORONA DEL MAR, AS
PER MAP THEREOF RECORDED IN BOOK 3, AT PAGES 41 AND 42 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, BY DEED DATED SEPTEMBER 20, 1956, RECORDED
SEPTEMBER 24, 1956, IN BOOK 3654, PAGE 116, OFFICIAL RECORDS OF ORANGE COUNTY,
EXCEPTING THEREFROM THE NORTHWESTERLY 27 FEET OF THE NORTHEASTERLY 2 FEET OF
THE SOUTHWESTERLY 10 FEET OF LOT 11 IN BLOCK 233 OF CORONA DEL MAR, AS SHOWN ON
A MAP THEREOF RECORDED IN BOOK 3, PAGES 41 AND 42 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY.
SURVEYOR'S NOTE
1. BOUNDARY AND TOPOGRAPHIC MEASUREMENTS SHOWN HEREON ARE BASED
ON TOPOGRAPHIC CONDITIONS AND FOUND MONUMENTS IN THE COURSE OF A
FIELD SURVEY PERFORMED IN MAY, 2012. DETAILED BOUNDARY AND
MONUMENT INFORMATION WILL BE REFLECTED ON THE FINAL PARCEL MAP.
SURVEYOR:
APEX LAND SURVEYING, INC.
8512 OXLEY CIRCLE
HUNTINGTON BEACH, CA 92646
714.488.5006 PHONE
714.333.4440 FAX
CONTACT: PAUL D. CRAFT, PLS
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d a No. J2114 Exp. 1J'J. OF
SURVEYOR'S STEMENT:
THIS PLAT IS HAS BEEN PREPARED BY ME
OR UNDER MY DIRECTION.
PAUL D. CRAFT, P.L.S. 8516 DATE
LICENSE RENEWAL DATE 12/31114
23
Items B, 1, 2, and 3: Additional Materials
Comments on March 28, 2013 Zoning Administrator agenda - Jim Mosher Page 2 of 2
2. 309 Goldenrod Avenue Parcel Map (PA201
In the draft
The same comments as in the previous item apply to Facts in Support of Finding F -2, G -2, 1 -1
and the absence of Finding L. The comments on Conditions of Approval 3, 19, 26 and 28 in the
previous item also apply to the corresponding conditions here (3, 18, 25 and 27).
With regard to Finding K, in view of the recent California Supreme Court opinion in Pacific
Palisades Bowl Mobile Estates, LLC v_ City of Los Angeles, 55 CalAth 783 (2012), 1 suspect
that consistency with Coastal Act policies can be determined only by application for a Coastal
Development Permit. The Court held that for purposes of the Coastal Act, "Any subdivision
under the Subdivision Map Act thus is, by definition, a species of change in the density or
intensity of use of land and is a "development." Although certain aspects of the Subdivision Map
Act may be inapplicable or streamlined for condo projects creating four and fewer units, the draft
Resolution strongly implies the Subdivision Map Act is applicable to this project. In view of this,
and since the City is not currently certified to make Coastal Act consistency determinations, I
think the Zoning Administrator should endeavor to inform the applicant of whether an application
for a Coastal Development Permit is required, and if so, include that as a condition of approval.
Since the Coastal Act concerns are likely to be minor, this may well, as the Court observes,
result in the issuance of waiver. Nonetheless it would appear the application needs to be made.
evenue Parcel Map (PA2013 -036)
roval: as in Agenda Item 1 apply to Facts in Support of Finding G -2 and 1 -1 and
to why Fin ' L is present.
• The comments Conditions of Approval 19 and 28 in Agenda Item 1 also apply to the
corresponding con i ' m here (26 and 29).
• It is not entirely clear wh a Conditions of Approval related to fire sprinklers and smoke
detectors that were included i e two previous agenda items, were omitted here. Perhaps
because it is already under constr ion? Might those conditions still be needed in the event of
a future reconstruction on the site, or a they merely echoing conditions already imposed by
the Municipal Code?
• The consistency of Conditions 17 and 18 with Ci Council Policy G -1 is not completely obvious.
It is possible that further review and approval, for exa le by the Parks, Beaches and
Recreation Commission, may be required for changes in et trees.
• There are a couple of typos in Condition 18: "The payment of treat tree planting
fee /inspection to the City shall be made er for two 36 inch box Ma lia Grandiflora Cultivars"
which shall be planted in place of the two "Eucalyptus" trees."
• In Condition 27 does "finaling" a building permit mean certifying that construc ' was
satisfactorily completed? If it means issuing the permit, the statement that "The b ' ing permit
for the new construction shall not be finaled until after recordation of the Parcel Map" 1 ifficult
to reconcile with Fact A -1, which says that construction is already taking place.
To: ZONING ADMINISTRATOR
Subject: Additonal Materials Received
Item No. 2a: Additional Materials Received
Zoning Administrator March 28, 2013
309 Goldenrod Avenue Parcel Map (PA2013 -009)
From: Nancy Thompson [ mailto :wonderwinCa road run ner.com]
Sent: Wednesday, March 27, 2013 6:40 PM
To: Van Patten, Jason
Cc: gardnerncy(aaol.com; Kiff, Dave
Subject: 309 Goldenrod / CdM - Project #A:PA2013 -009
Mr. Jason Van Patten
PLANNING TECHNICIAN
Newport Beach ,CA
Dear Mr. Van Patten:
I recently received a notice regarding the demolition and building of a two unit condo project scheduled for 309
Goldenrod AVenue, and the announcement of a meeting to discuss said project scheduled for tomorrow, March
28th. As you can see from the photo, the existing property has already been demolished and the project is
already framed, etc.
Was the wrong notice sent out in error and other changes are being requested, or was it just a 'slight' error in the
timing of the notice? I am more concerned that the message of the notice itself is an error and changes that are
outside of code are being requested. If non code items are being discussed I, along with several neighbors,
would like to be informed so that we can attend the meeting tomorrow. Please advise via email or cell (949)
466 -8734 and clarify. Thank you.
Sincerely,
Nancy K. Thompson
302 Fernleaf Avenue
Begin forwarded message:
From: Nancy Thompson <thompsonnkt(@gmail.com>
Date: March 27, 2013 6:05:33 PM PDT
To: Nancy Thompson <wonderwin(cDroadrunner.com>
Sent from my Whone