The URL can be used to link to this page

Home My WebLink About02 - 312 Dahlia Place Tentative Parcel Map - PA2014-010 o4�Ewr°Q 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 �q�fFOR�,P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT October 30, 2014 Agenda Item No. 2: SUBJECT: 312 Dahlia Place Tentative Parcel Map - (PA2014-104) 312 Dahlia Place • Tentative Parcel Map No. NP2014-010 • County Tentative Parcel Map No. 2014-101 APPLICANT: NSC Enterprises, Inc. PLANNER: Debbie Drasler, Contract Planner (949) 644-3206, ddrasler@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: RM (Multi-Unit Residential) • General Plan: RM (Multiple-Unit Residential) PROJECT SUMMARY A Tentative Parcel Map for two-unit condominium purposes. No exceptions to Title 19 (Subdivision Code) development standards are proposed with this application. An existing triplex will be demolished and replaced with a a new duplex. The Tentative 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 Tentative Parcel Map No. NP2014-010 (Attachment No. ZA 1). DISCUSSION • An existing triplex will be demolished and replaced with a new duplex. 1 V� QP �P Dahlia Place Tentative Parcel Map Zoning Administrator October 30, 2014 Page 2 • The property is designated for Multi-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 this Tentative Parcel Map will create separate ownership units allowing 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. • Pursuant to Section 20.34 of the Municipal Code, the applicant will be subject to the provisions of the Mello Act (Government Code Section 65590) due to the conversion or demolition of three or more dwelling units located in one structure within the coastal zone. • Public improvements will be required of the applicant per the Municipal Code and Subdivision Map Act. 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 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. TmpIt:04-17-14 Dahlia Place Tentative Parcel Map Zoning Administrator October 30, 2014 Page 3 APPEAL PERIOD: An appeal may be filed with the Director of Community Development within 10 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644-3200. Prepared by: 0 &a4l— Debbie Drasler, Contract Planner JM/dad Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 County Tentative Parcel Map No. 2014-101 TmpIt:04-17-14 J Attachment No. ZA 1 Draft Resolution 5 V� QP �P RESOLUTION NO. ZA2014-OXX A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP NO. NP2014-010 FOR TWO-UNIT CONDOMINIUM PURPOSES LOCATED AT 312 DAHLIA PLACE (PA2014-104) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by NSC Enterprises, Inc., on behalf of the property owner, with respect to property located at 312 Dahlia Place, and legally described as Lot 14 in Block 232 of Corona del Mar requesting approval of a tentative parcel map. 2. The applicant proposes a tentative parcel map application for two-unit condominium purposes. No waiver of Title 19 (Subdivisions) development standards are proposed with this application. An existing triplex will be demolished and replaced with a new duplex. The Tentative Parcel Map would allow each unit to be sold individually. 3. The subject property is located within the Multi-Unit Residential (RM) Zoning District and the General Plan Land Use Element category is Multiple Unit Residential (RM)). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Multiple Unit Residential (RM-D). 5. A public hearing was held on October 30, 2014, 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 pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Class 15 (Minor Land Divisions). 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 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 Tentative Parcel Map is for condominium purposes and is consistent with all of the requirements of the Class 15 exemption. Zoning Administrator Resolution No. ZA2014-OXX Page 2 of 8 SECTION 3. REQUIRED FINDINGS. The Zoning Administrator determined in this case that the Tentative 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: 1. The Tentative Parcel Map is for two-unit condominium purposes. An existing triplex will be demolished and replaced with a new duplex. The proposed subdivision and improvements are consistent with the density of the RM Zoning District and General Plan Land Use Designation. 2. The Tentative Parcel Map does not apply to any specific plan area. Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The lot is physically suitable for two-unit development. The lot is regular in shape, has a slope of less than 20 percent, and provides more than one thousand square feet of land area for each dwelling unit. 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. 8 Zoning Administrator Resolution No. ZA2014-OXX Page 3 of 8 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. 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 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: 1. The proposed Tentative Parcel Map is for residential condominium purposes. All improvements associated with 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. 9 Zoning Administrator Resolution No. ZA2014-OXX Page 4 of 8 Facts in Support of Finding: 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. 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 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. 2. The site, developed for residential use, lies in a Zoning District that permits residential uses. 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 because the existing subdivision does not contain 50 or more parcels. 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. 10 Zoning Administrator Resolution No. ZA2014-OXX Page 5 of 8 Facts in Support of Finding: 1. The Tentative Parcel Map and any future 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. 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. Pursuant to Section 20.34 of the Municipal Code, the applicant is subject to the provisions of the Mello Act (Government Code Section 65590) due to the conversion or demolition of three or more dwelling units located in one structure within the coastal zone. 2. The proposed two-unit dwelling is consistent with the RM Zoning District which allows two residential units on the property provided that there be no less than one thousand (1,000) square feet of land area for each dwelling unit. The property is 4,228 square feet and therefore suitable for a two-unit condominium development. 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. The new duplex will be designed so that wastewater discharge into the existing sewer system complies 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. 11 Zoning Administrator Resolution No. ZA2014-OXX Page 6 of 8 Facts in Support of Finding: 1. The subject property is located within the Coastal Zone, and there is no public access or recreation area located on the site. The proposed subdivision would be consistent with the policies of the certified Local Coastal Program Land Use Plan. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel Map No. NP2014-010, 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 30TH DAY OF OCTOBER, 2014. By: Brenda Wisneski, AICP, Zoning Administrator 12 Zoning Administrator Resolution No. ZA2014-OXX Page 7 of 8 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. All existing overhead utilities shall be undergrounded. 5. No above ground improvements shall be installed within the 25-foot Private Ingress/Egress and the 14-foot-wide water/sewer easements along Dahlia Place without prior approval from the Easement owner. 6. No above ground improvements shall be installed within the 14-foot-wide utilities easement along the southeasterly property without prior approval from the Easement owner. 7. 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. 8. Each dwelling unit shall be served with individual gas and electrical service connection and shall maintain separate meters for the utilities. 9. An encroachment permit is required for all work activities within the public right-of-way. 10. 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 Zoning Administrator Resolution No. ZA2014-OXX Page 8 of 8 11. All on-site drainage shall comply with the latest City water quality requirements. All drainage shall be routed towards the alley or towards Dahlia Place. No drainage shall be routed towards the hillside, north of the property. 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. There is an existing Encroachment Agreement (O.R. #20010059607) for the existing private improvements within the public right-of-way. Newly proposed improvements shall be consistent with Council Policy L-6. 14. Subsequent 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. 15. 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 312 Dahlia Place Tentative Parcel Map, including, but not limited to, the NP2014-010 (PA2014-104). 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. 16. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. -4 Attachment No. ZA 2 Vicinity Map 15 V� QP �P 2� VICINITY MAP � B �r vo v ' Subject Property e rr vo 's r •.yam;�J �lO rr 'S o��Jo sy 0 `li J i Tentative Parcel Map No. NP2014-010 PA2014-104 312 Dahlia Place 27 V� QP �P sg Attachment No. ZA 3 Tentative Parcel Map No. 2014-101 19 V� QP �P �o Attachment No . ZA 3 - Tentative Parcel Map No . 2014- 101 TENTATIVE PARCEL MAP X11 , 2014 — 101 BEING A SUBDIVISION OFA PORTION OF LOT 14 , BLOCK 232 OF CORONA DEL MAR TRACT FOR CONDOMINIUM PURPOSES C 312 DAHLIA , CORONA DEL MAR , CA ) DATE: 1-20-2014 SUBDIVIDER: PREPARED BY: NSC ENTERPRISES INC RON MIEDEMA L.S. 4653 P.D. BOX 982 23010 LAKE FOREST DRIVE #409 CORONA DEL MAR, CA 92625 LAGUNA HILLS, CA 92653 (949) 858-2924 OFFICE (949) 858-3438 FAX 'P ;n RDMSURVEYING@COX,COM — --�- - ALLEY r°A o fro F�� frp N6) CO X — 4� 00T G° o ASE 170 q is SCALE 1"=10' fR�r ' '°� \ ROAD s c SVRWe — —� —i� — - - - - - � — RSM �J V-DIiCH qC '�L L qC 04.04> � q 0SMA c z � BENCH MARK: ASSUMED ELEVATION OF rJOr o�b0 W �°J o g ¢ Z a e4�ar� fro % W 100.00 ON A P.K. NAIL i o o � U T!6�C�J * At�1 ZG 0 a 0 O z U �Zh fir-` zQ J 0 0 ' U M ' U Lj L3 0 UrLl 1Oy 0 rOY U ' V O U °'�6 o"� z WSJ U ��J 0 1 J U f ROTS � frD C� U fro r'� � rJp pJ frp� S.c� 2 rJ° U Js°J ' PARCEL �' � � 1 I Q Li u rrOJ�J `,o2h ' C3 I o U U Pa ojO1 rOl I rJpJ9 " -9 1 1 J fJ i °r0, 'j 1 I u a j Z I a x-2.7 3.1� ' z o rro L7 I z 0 u 4� z n 3 rc U tiT Q o � Op frpr AOS ' fJor) H 0 �•5-4.9 ci N z G o �o l U O all a LO u 0 2.0 0 l 0 U 1 _ t� frp 1 O 0 Gp 1 Z J�J Q U) 0, v 0 (101.35) u( O SJ Iz U d r 4 000'00"E 4.(10' c O c 0 0 I ° �2c U U O r Z a! IQ Jp W C3 (040000'00"E 2. ? fF'J g Q a J r, Jpoe T (101.15) rp°CJJ Z N vj rr fr ia4 GUY WIRE z z °J�°OT V JOO fro — O 0 BJ -) p 8'0 z rrp u r 0 F 0 c3 y SJ J m U z C` Z SIG rrO4pp 'y�+ 1 0 CaDJ to 0 14' water a ° `p D< and sewer Q c r easement j N 9 r�9J r98�J r99pZ '°6J A.C. 96> 2.0 9c —f r��eJ (N40°0JJ 00"E 24.00') '� 9 sJ�ry �� F�J - DAHLIA qc q C 21