HomeMy WebLinkAbout01 - Redlands Avenue Tentative Parcel Map - PA2014-107 o4�EwroQ COMMUNITY DEVELOPMENT DEPARTMENT
y PLANNING DIVISION
u 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
c`�LfFOR�,P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 28, 2014
Agenda Item No. 1
SUBJECT: Redlands Avenue Tentative Parcel Map - (PA2014-107)
423 Redlands Avenue
• Tentative Parcel Map No. NP2014-011
• County Tentative Parcel Map No. 2014-145
APPLICANT: Michael D. and Kimberly A. Robertson
PLANNER: Debbie Drasler, Contract Planner
(949) 644-3206, ddrasler@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: R-1 (Single-Unit Residential)
• General Plan: RS-D (Single-Unit Residential Detached)
PROJECT SUMMARY
A Tentative Parcel Map to subdivide one parcel and re-establish the two original
underlying lots for single-unit residential development. The property is currently improved
with a single-unit dwelling and a detached garage.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. ZA2014-_ approving Tentative
Parcel Map No. NP2014-011 (Attachment No. ZA 1).
DISCUSSION
• In December 2008, a Lot Line Adjustment (LA2008-009) was recorded with the
Orange County Clerk-Recorder merging two lots (419 and 423 Redlands
Avenue) into one 12,546-square-foot parcel.
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423 Redlands Avenue Tentative Parcel Map
Zoning Administrator, August 28, 2014
Page 2
• The subject property is 98.40 feet wide and 127.50 feet deep. It is currently
improved with a single-unit dwelling and a detached garage along the northeast
property boundary.
• The proposed Parcel Map will subdivide one parcel to re-establish the two
original underlying lots. Both parcels are suitable for single-unit residential
developments.
• The proposed Tentative Parcel Map will re-establish two 6,273-square-foot
parcels. The new parcels meet the minimum requirement of 5,000 square feet;
however, not the minimum lot width requirement of 50 feet set forth in Title 20
(Planning and Zoning) for new subdivisions. As proposed, both parcels are 49.20
feet wide and will result in a subdivision design that corresponds with the original
underlying lots and consistent with other typical lots in the area.
• The existing improvements comply with the Municipal Code and are consistent
with the use and development standards of the R-1 Zoning District. No
demolition is proposed or required prior to the recordation of the Parcel Map.
• Public improvements will be required of the applicant per the Municipal Code and
Subdivision Map Act.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15315, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). Class 15
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 2 years, and the parcel does
not have an average slope greater than 20 percent. The proposed parcel map would
create two parcels for single-unit residential development and is consistent with all of
the requirements of the Class 15 exemption
PUBLIC NOTICE
Notice of this application 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
10 days before the scheduled hearing, 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.
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423 Redlands Avenue Tentative Parcel Map
Zoning Administrator, August 28, 2014
Page 3
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
0.. laa
Debbie Drasler, Contract Planner
JM/dad
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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J
Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2014-XXX
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2014-011 TO RE-ESTABLISH THE TWO (2)
ORIGINAL UNDERLYING LOTS LOCATED AT 423 REDLANDS
AVENUE (PA2014-107)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Michael and Kimberly Robertson, with respect to property
located at 423 Redlands Avenue, and legally described as First Addition to Newport
Heights Lot 18 and Lot 19, Block 14 of Tract Map 256, requesting approval of a tentative
parcel map and a reduction to the minimum required lot widths.
2. The applicant proposes a tentative parcel map to subdivide one (1) parcel and re-
establish the two (2) original underlying lots for single-unit residential developments. The
subject property is currently improved with a single-unit dwelling and a detached garage
along the northeast property boundary.
3. No demolition is proposed or required prior to the recordation of the Parcel Map.
4. The subject property is located within the Single-Unit Residential (R-1) Zoning District
and the General Plan Land Use Element category is Single-Unit Residential Detached
(RS-D).
5. The subject property is not located within the coastal zone.
6. A public hearing was held on August 28, 2014 in the Corona del Mar Conference Room
(Bay E-1 st 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. The project is categorically exempt under Section 15315, of the State CEQA
(California Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions).
2. Class 15 consists of the division of property in urbanized areas zoned for residential,
commercial, or industrial use into four (4) 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 (2) years, and the parcel does not have an average slope greater than 20
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Zoning Administrator Resolution No. ZA2014-XXX
Page 2 of 10
percent. The proposed parcel map would create two (2) parcels for single-unit
residential development 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 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 Support of Finding:
1. The proposed Parcel Map is for the purpose of subdividing one (1) parcel and re-
establish the two (2) original underlying lots for single-unit residential
developments.
2. Future development of the proposed lots is required to comply with the Municipal
Code and must be consistent with the use and development standards of the R-1
(Single-Unit Residential) Zoning District. One (1) unit on each newly created parcel
is allowed consistent with the current Zoning and General Plan Land use
designation allowing "Single-Unit Residential Detached".
3. The new parcels meet the minimum requirement of 5,000 square feet; however, not
the minimum lot width requirement of 50 feet set forth in Title 20 (Zoning) for new
subdivisions. The 49.20-foot-wide parcels correspond with the original underlying lots
and with the typical lots in the area. Conditions of approval have been incorporated
to require all necessary public improvements including, but not limited to: street,
drainage, sidewalk and utility laterals to support the proposed subdivisions in
accordance with the Subdivision Code.
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The site is currently developed with a single residential unit and detached garage,
which is consistent with the use and development standards in the R-1 Zoning
District. The proposed Parcel Map would subdivide the parcel and re-establish the
two (2) original underlying lots for two (2) single-unit residential developments.
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Zoning Administrator Resolution No. ZA2014-XXX
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2. The site is sloped less than 20 percent and is suitable for the development of two
(2) residences.
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.
Facts in Support of Finding:
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. The project site does not contain
significant biological resources as it is currently developed with a single residential
unit.
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 (4) 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 presently available, the property was not involved in
a division of a larger parcel within the previous two (2) years, and the property does
not have an average slope greater than 20 percent. The proposed parcel map
would create two (2) parcels for single-unit residential developments 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 Tentative Parcel Map would subdivide one (1) parcel to re-establish
the two (2) original underlying lots for the purpose of developing two (2) new single-
unit residential developments. All construction for the project will comply with
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
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Zoning Administrator Resolution No. ZA2014-XXX
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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 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:
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.
Facts in Support of Finding:
1. The project site is not subject to a Williamson Act contract as it is developed with a
single residential unit where no agricultural resources are present.
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:
1 . The property is not a "land project' as defined in Section 11000.5 of the California
Business and Professions Code, and is not located within a specific plan area.
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Zoning Administrator Resolution No. ZA2014-XXX
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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 that new construction 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.
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. 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 proposed
lots is consistent with the number of units allowed in the R-1 Zoning District.
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 will not violate Regional
Water Quality Control Board (RWQCB) requirements because a single residential
unit would be developed on each proposed lot.
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.
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Zoning Administrator Resolution No. ZA2014-XXX
Page 6 of 10
Facts in Support of Finding:
1. The subject property is not located within the Coastal Zone and there is no public
access or recreation area located on the site.
Deviation from Design Standards
Per Section 19.24.050.A of Title 19 (Lot Design, Lot Size), new subdivisions shall conform to
the applicable zoning district regulations in regards to lot area, width, dimensions and other
lot characteristics as required per Title 20 (Planning and Zoning). Deviation from design
standards may be approved by the Zoning Administrator subject to specific findings required
per Section 19.24.130.C. As proposed, the subdivision would create two (2) 49.20 foot wide
lots which do not meet the minimum lot width requirement of fifty (50) feet as required by the
Zoning Code for new subdivisions within the R-1 Zoning District.
The required findings to deviate from the standards and facts in support of those findings are
as follows:
Finding:
A. The requested deviations will create a land plan or development design equal or superior
to that under the baseline design standards in this Chapter.
Facts in Support of Finding:
1. The proposed lots are equal in width, length, and area to the original subdivision
which was comprised of 49.20-foot-wide by 127.50-foot-deep lots.
2. The existing lot orientation with vehicular access from the alley and pedestrian
access from Redlands Avenue is maintained.
Finding:
B. The deviations will not negatively impact the carrying capacity of the local vehicular
circulation network.
Facts in Support of Finding:
1. The proposed subdivision would subdivide one (1) parcel and re-establish the two
(2) original underlying lots for single-unit residential development. No increase in
density is proposed and, therefore, will not negatively impact the carrying capacity
of Redlands Avenue.
Finding:
C. The deviations will not negatively impact pedestrian circulation.
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Zoning Administrator Resolution No. ZA2014-XXX
Page 7 of 10
Facts in Support of Finding:
1. The subdivision will not reduce or encroach within the abutting public right-of-way
(Redlands Avenue).
2. The subdivision will not eliminate or impede pedestrian circulation provided that the
necessary improvements are provided in accordance with applicable Public Works
design standards and permitting.
Finding:
D. The resulting subdivision will be compatible with the pattern of surrounding subdivisions.
Facts in Support of Finding:
1. The original subdivision established 49.20-foot-wide lots on Block 13 and 14 of the
Newport Heights Subdivision on properties which front on Redlands Avenue, San
Bernardino Avenue, and Santa Ana Avenue between Broad Street and Cliff Drive.
Therefore, the proposed subdivision will be compatible with the pattern of the
surrounding subdivisions.
Finding:
E. The resulting subdivision design and improvements will not be materially detrimental to
the residents or tenants of the proposed subdivision or surrounding properties, nor to
public health or safety.
Facts in Support of Finding:
1. The proposed subdivision to re-subdivide the existing one (1) parcel in a
comparable manner to the underlying, legal lots would allow a single-unit dwelling
to be constructed on each lot in accordance with the General Plan. Approval does
not introduce an incompatible land use, and the resulting subdivision design would
not be detrimental to the residents as vehicular and pedestrian access would be
maintained. Any new development must be in accordance with the conditions of
approval and the Municipal Code. The resulting lot widths are not inconsistent with
the lot widths and development pattern of the neighborhood.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2014-011, 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. ZA2014-XXX
Page 8 of 10
2. This action shall become final and effective ten (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 28TH DAY OF AUGUST, 2014.
Brenda Wisneski, AICP, Zoning Administrator
10-15-2013
Zoning Administrator Resolution No. ZA2014-XXX
Page 9 of 10
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 Mar), 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. The applicant shall reconstruct the existing broken and/or otherwise damaged
concrete curb and gutter along Redlands Avenue.
5. All existing overhead utilities shall be undergrounded.
6. All existing private, non-standard improvements within the public right-of-way and/or
extensions of private, non-standard improvements into the 12-foot public right-of-way
fronting the development site shall be removed (i.e. railroad ties, steps, hand rail,
lights, fences, pavers, etc.).
7. An encroachment permit is required for all work activities within the public right-of-way.
8. All improvements shall comply with the City's sight distance requirement pursuant to
City Standard 110-L and Municipal Code Section 20.30.130.
9. 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.
10. All on-site drainage shall comply with the latest City Water Quality requirements.
11. Each lot/residence requires its own individual water service/meter and sewer lateral
with cleanout. Each water meter and sewer cleanout shall be installed with a traffic-
grade box and cover located within the public right-of-way.
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Zoning Administrator Resolution No. ZA2014-XXX
Page 10 of 10
12. All unused water services to be abandoned shall be capped at the main (corporation
stop) and all unused sewer laterals to be abandoned shall be capped at the property
line.
13. Pursuant to Chapter 13 of the Newport Beach Municipal Code, a 36-inch-box
Cinnamomum Camphora street tree is required along Redlands Avenue frontage for
each lot.
14. 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 423
Redlands Avenue Parcel Map including, but not limited to, Tentative Parcel Map No.
NP2014-011 (PA2014-107). 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.
15. This Parcel Map shall expire if the map has not been recorded within twenty-four (24)
months of the date of approval, unless an extension is granted by the Director of
Community Development in accordance with the provisions of Section 19.16 of the
Newport Beach Municipal Code.
10-15-2013
10
Attachment No. ZA 2
Vicinity Map
17
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28
VICINITY MAP
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Tentative Parcel I • No. NP2014-011
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423 Redlands
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20
Attachment No. ZA 3
Project Plans
21
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22
PA2014-107 Attachment No. ZA 3 - Project Plans
SHEET 12,M6S .F .SHEET TENTATIVE PARCEL MAP
12,548 SO.FT.
NO. 2014- 145
IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,BEING A SUBDIVISION OF LLA 2008-008 LOCATED
IN BLOCK 1 OF THE FIRST ADDITION OF NEWPORT HEIGHTS,AS SHOWN ON A MAP RECORDED IN BOOK 4,PAGE 94 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,CALIFORNIA.
DATE: 6-10-2014 RON MIEDEMA L.S.4653
OWNERS: PREPARED BY:
ALPINE ENGINEERING
RECREATION LAND INVESTMENTS 23011 MOULTON PARKWAY,SUITE J12
RICHARD ASBY LAGUNA HILLS,CA 92653
5642 RESEARCHY LANE,SUITE A (949)855-8058 OFFICE
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