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HomeMy WebLinkAboutZA2013-075 - Approved NP2013-192 616 Heliotrope AvenueRESOLUTION NO. ZA2013 -075 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP NO. NP2013 -024 FOR A PARCEL MAP FOR TWO -UNIT CONDOMINIUM PURPOSES LOCATED AT 616 HELIOTROPE AVENUE (PA2013 -192) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Eric Lipoff, Spurlark, LLC, with respect to property located at 616 Heliotrope Avenue, and legally described as Lot 18, Block 635, Corona del Mar Tract requesting approval of a tentative parcel map. 2. The applicant proposes a tentative parcel map for two -unit condominium purposes. No exceptions to Title 19 (Subdivision Code) development standards are proposed with this application. The Tentative Parcel Map would allow each unit of the duplex, to be sold individually. The property is currently improved with a duplex that will be demolished and replaced with a two -unit condominium 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 not located within the coastal zone 5. A public hearing was held on November 14, 2013 in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. 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. This project has been determined to be categorically exempt under the requirements of the Guidelines for the California Environmental Quality Act under Class 15 (Minor Land Divisions). 2. Class 15 exempts 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. The proposed Tentative Parcel Map is for condominium purposes and is consistent with the requirements of the Class 15 exemption. SECTION 3. REQUIRED FINDINGS. Zoning Administrator Resolution No. ZA2013 -075 Paqe 2 of 7 The Zoning Administrator determined in this case that the proposed Tentative Parcel Map is consistent with the legislative intent of Title 20 (Planning and Zoning) of the Municipal Code and is approved based on the following findings pursuant to Section 19.12.070 (Required Findings for Action on Tentative Maps) of the Municipal Code: 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 Sugaort of Findin Al. The proposed Tentative Parcel Map is for two -unit condominium purposes. An existing duplex will be demolished and replaced with a new duplex. The proposed subdivision and improvements are consistent with the Two -Unit Residential (R -2) Zoning District and the Two -Unit Residential (RT) General Plan Land Use Designation. 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 regular in shape, has a slope of less than 20 percent, and is suitable for two - unit residential 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 C -1. The subject property is developed and located in a developed area. The lot, proposed improvements, and proposed Tentative Parcel Map application will not cause substantial environmental damage. C -2. 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 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -075 Paqe 3 of 7 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 Tentative 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 Tentative 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. Furthermore, the proposed project will conform to all applicable City ordinances. 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 Findin E -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. 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -075 Paqe 4 of 7 Facts in Support of Findin F -1. The property is not subject to the Williamson Act. 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 G -1. The property is not a "land project" as defined in Section 11000.5 of the California Business and Professions Code. 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 Finding H -1. The proposed Tentative Parcel Map and improvements, including the new duplex, are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards based on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding 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. 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -075 Paqe 5 of 7 Facts in Support of Finding 1 -1. The residential density allowed for the site will remain the same, which allows two units in the R -2 Zoning District. Therefore, the tentative 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 SUDDort of Findin 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 property is not located within the Coastal Zone. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel Map NP2013 -024 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 10 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 14th DAY OF NOVEMBER, 2013. P, Zoning Administrator 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -075 Paqe 6 of 7 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. All improvements shall be constructed as required by Ordinance and the Public Works Department. 4. Prior to recordation of the parcel map, any existing broken and /or otherwise damaged concrete sidewalk panels, curb and gutter along the Heliotrope Avenue frontage shall be reconstructed. 5. Prior to recordation of the parcel map, any existing broken and /or otherwise damaged concrete alley panels, along the alley frontage shall be reconstructed. 6. Prior to recordation of the parcel map, all existing overhead utilities shall be undergrounded. 7. No above ground improvements shall be located within the required rear five -foot alley setback. 8. Prior to recordation of the parcel map, 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. 9. 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. The water meter and sewer cleanout shall be located within the public right -of- way. 10. All abandoned utilities shall be abandoned per City Requirements. 11. An encroachment permit is required for all work activities within the public right -of -way. 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -075 Paqe 7 of 7 12. 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. 13. All on -site drainage shall comply with the current City Water Quality requirements. 14. Prior to recordation of the parcel map, a new 36 -inch box City street tree along the Heliotrope Avenue frontage shall be installed. 15. Each dwelling unit shall be served with individual gas and electrical service connection and shall maintain separate meters for the utilities. 16. 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. 17. The building permit for the new construction shall not be finaled until after recordation of the Parcel Map. Subsequent to recordation of the Parcel Map, the applicant shall apply for a building permit for a description change of the subject project development from "duplex" to "condominium." The development will not be condominiums until this permit is finaled. 18. 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 616 Heliotrope Avenue Parcel Map including, but not limited to, Parcel Map No. NP2013 -024 (PA2013 -192). 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. 19. 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 Community Development Director in accordance with the provisions of Section 19.16 of the Newport Beach Municipal Code. 08 -09 -2013