HomeMy WebLinkAbout4 - 715 Marigold Tentative Parcel Map - PA2015-046 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
May 14, 2015
Agenda Item No. 4
SUBJECT: 715 Marigold Tentative Parcel Map - (PA2015-046)
715 Marigold Avenue
• Tentative Parcel Map No. NP2015-003
• County Tentative Parcel Map No. 2015-116
APPLICANT: 715 Marigold, LLC
OWNER: 715 Marigold, LLC
PLANNER: Jason Van Patten, Assistant Planner
(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 Tentative Parcel Map for two-unit condominium purposes. No deviations to Title 19
(Subdivision Code) development standards are proposed with this application. A
single-unit dwelling was demolished and will be replaced with a new two-unit dwelling.
The Tentative Parcel Map would allow each unit to be sold individually.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map
No. NP2015-003 (Attachment No. ZA 1).
DISCUSSION
• A single-unit dwelling was demolished and will be replaced with a two-unit
duplex. The new two-unit dwelling will provide the code required two-car parking
per unit.
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715 Marigold Tentative Parcel Map
Zoning Administrator, May 14, 2015
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• Approval of the Tentative Parcel Map will allow each unit to be sold individually.
• The property is designated for two-unit residential use by the General Plan and
Zoning Code. The new two-unit dwelling is consistent with this designation and a
tentative parcel map for condominiums does not change the use.
• 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 is subject to fair-share fees, and fees for park dedication in
accordance with the provisions of Section 19.52 (Park Dedications and Fees) of
the Newport Beach Municipal Code.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15315, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). 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.
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.
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.
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715 Marigold Tentative Parcel Map
Zoning Administrator, May 14, 2015
Page 3
Prepared by:
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a on Van Patten, Assistant Planner
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 County Tentative Parcel Map No. 2015-116
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2015-0##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2015-003 FOR TWO-UNIT CONDOMINIUM
PURPOSES LOCATED AT 715 MARIGOLD AVENUE
(PA2015-046)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by 715 Marigold LLC, with respect to property located at
715 Marigold Avenue, and legally described as Lot 15, Block 739, Corona del Mar Tract,
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. A single-unit dwelling was demolished and will be replaced with a
two-unit dwelling. The Tentative Parcel Map would allow each unit to be sold
individually.
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 May 14, 2015, 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 (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 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 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. ZA2015-0##
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 residential condominium purposes. A single-
unit dwelling was demolished and will be replaced with a two-unit duplex. The
proposed subdivision and improvements are consistent with the density of the R-2
Zoning District and the current "Two-Unit Residential" General Plan Land Use
Designation.
2. The Tentative Parcel Map does not apply to any specific plan area.
3. The project has been conditioned to require public improvements, including the
reconstruction of existing broken or otherwise damaged sidewalks, curbs, and gutters
along the Marigold Avenue frontage consistent with the Subdivision Code (Title 19).
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 because it is regular in shape
and is relatively flat.
2. The subject property is accessible from Marigold Avenue and the alley at the rear, and
is adequately served by existing utilities.
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
03-03-2015
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Zoning Administrator Resolution No. ZA2015-0##
Page 3 of 8
considerations make infeasible the mitigation measures or project alternatives
identified in the environmental impact report.
Facts in Support of Finding:
1. The site was developed with a single-unit dwelling and will be replaced with a new
two-unit dwelling.
2. The property is located in an urbanized area that does not contain any sensitive
vegetation or habitat.
3. The project is categorically exempt under Section 15315 (Article 19 of Chapter 3), of
the State California Environmental Quality Act (CEQA) Guidelines — Class 15 (Minor
Land Alterations).
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 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.
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.
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Zoning Administrator Resolution No. ZA2015-0##
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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:
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 fifty
(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.
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.
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Zoning Administrator Resolution No. ZA2015-0##
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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. The proposed two-unit dwelling is consistent with the R-2 Zoning District which allows
two (2) residential units on the property. 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 Support of Finding:
1. The new two-unit dwelling will be designed so that wastewater discharge into the
existing sewer system complies with the Regional Water Quality Control Board
(RWQCB) requirements.
Finding: ZiLwW1.
K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public
access and recreation policies of Chapter Three of the Coastal Act.
Facts in Support of Finding:
1. The subject property is 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 No. NP2015-003, 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 (10) days after the adoption of this
Resolution unless within such time an appeal is filed with the Director of Community
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Zoning Administrator Resolution No. ZA2015-0##
Page 6 of 8
Development in accordance with the provisions of Title 19 Subdivisions, of the
Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF MAY, 2015.
BY:
Brenda Wisneski, AICP, Zoning Administrator
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Zoning Administrator Resolution No. ZA2015-0##
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. Prior to the recordation of the Parcel Map, park dedication fees for one (1) 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.
5. Prior to the issuance of a Building Permit, fair-share fees for one (1) 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. The applicant shall reconstruct the existing broken and/or otherwise damaged
concrete sidewalk panels, curb and gutter along the Marigold Avenue frontage and
any existing broken and/or otherwise damaged concrete panels in the alley.
7. All existing overhead utilities shall be undergrounded.
8. No aboveground improvements shall be installed within the 5-foot alley setback. The
existing short brick wall and aboveground drainage pipe shall be removed.
9. Marigold Avenue is part of the City's Moratorium List. Work performed on said
roadway will require additional surfacing requirements pursuant to City Standard 105-
L-F.
10. 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.
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Zoning Administrator Resolution No. ZA2015-0##
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11. 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.
12. An encroachment permit is required for all work activities within the public right-of-way.
13. All improvements shall comply with the City's sight distance requirement pursuant to
City Standard 110-L and Municipal Code Section 20.30.130.
14. 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.
15. All on-site drainage shall comply with the latest City water quality requirements.
16. 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.
17. 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.
18. This approval shall expire and become void unless exercised within twenty-four (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.
19. 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 715 Marigold Tentative Parcel Map, including, but
not limited to, NP2015-003 (PA2015-046). 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.
03-03-2015
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Attachment No. ZA 2
Vicinity Map
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Beach Disclaimer: Every reasonable effort has been made to assure the
accuracy of the data provided,however,The City of
GIS Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
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_ Imagery: 2009-2013 photos provided by Eagle
Feet Imaging www.eagieaerial.com
3/19/2015
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Attachment No. ZA 3
County Tentative Parcel Map No. 2015-116
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PA2015-046 Attachment No. ZA 3 - County Tentative Parcel Map No. 2015-116
6" AC SHEET 1 OF 1
8" VCP
SEWER MAIN ON � WATER MAIN_ _ _ _ _ _ TENTATIVE PARCEL
130.13 _ 131.86
FL N40°3358'' FL MAP NO. 2015-116
131.58
ALLEY WM�rBM (131.6) FEBRUARY 2015
N40°3358'' 30.00' FS
(130.25) 131.25
FS NG 131.69
FS
2.8' T9' LOT 15, BLOCK 739
EXISTING CORONA DEL MAR TRACT
GARAGE ° M.M. 3/41-42
FF=131.82
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(131.91) 131.97) OWNER/DEVELOPER:
NG FS 715 MARIGOLD, LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY
(132.05) 15 CORPORATE PLAZA DRIVE, #150
FS NEWPORT BEACH, CA 92660
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715 MARIGOLD AVENUE
CORONA DEL MAR, CA 92625
(APN:459-063-19)
3.1' SINGLE STORY
HOUSE
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PAUL D. CRAFT, P.L.S. 8516
1(130.00)T a 131.85)TC LICENSE EXPIRES 12/31/16
(129.39)FL N 131 .23)FLAM Z � C
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MARIGOLD HUNTINGTON BEACH, CALIFORNIA 92646
AVENUE N40°3448"E HHEINE:(714)488-5006 FAX:(714)333-4440
APEXLSINCQGMAIL.COM 22
Zoning Administrator— May 14, 2015
Item No. 4a: Additional Materials Received
715 Marigold Tentative Parcel Map (PA2015-046) '.
City of Newport Beach
Attn: Jason Van Patten
Anonymous regarding Public Hearing Thursday May 14 at 3:30
Activity number NP2015-003
Two Unit Residential on property zoned for single family home
I live in the Flower streets of Corona del Mar. I question the practice of making a single family
property into a duplex with the potential of up to 6 occupants and parking required given our
already crowded streets.
Are we creating a split Corona del Mar where the Ocean side a.k.a. the wet side is single family
and the side where Project file PA2015-046 is for duplexes only allowing maximum profit for
developers who don't have a long term interest for the village at heart.
This is counter productive to the intention that Corona del Mar be a separate village small
community. Hopefully these issues will be carefully considered at the meeting.
Anomymous
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