HomeMy WebLinkAbout01 - Orchid Avenue_Tentative_Parcel_Map - PA2015-145 wP COMMUNITY DEVELOPMENT DEPARTMENT
H y PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768,Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
�9LIFOR 'P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 24, 2015
Agenda Item No. 1
SUBJECT: Nicholson Companies Tenative Parcel Map - (PA2015-145)
521 Orchid Avenue
■ Tenative Parcel Map No. NP2015-012
■ County Tentative Parcel Map No. 2015-112
APPLICANT: Nicholson Companies
OWNER: 521 Orchid, LLC
PLANNER: David Lee, Planning Technician
(949) 644-3225, dlee@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
Zone: R-2 (Two-Unit Residential)
General Plan: RT (Two Unit Residential)
PROJECT SUMMARY
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 two-unit duplex was demolished and will be replaced with a new two-unit
duplex. 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. ZA2015- approving Tentative
Parcel Map No. NP2015-015 (Attachment No. ZA 1).
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Nicholson Companies Tentative Parcel Map
Zoning Administrator, September 24, 2015
Page 2
DISCUSSION
The subject property is approximately 3,540 square feet in area, topographically
flat, and located north of East Coast Highway on Orchid Avenue between
Second and Third Avenues.
A two-unit duplex was demolished and will be replaced with a new two-unit
duplex that will provide the code required two-car parking per unit.
Approval and recordation 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 or density on
the property.
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.
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
Tmplt:04-17-14
Nicholson Companies Tentative Parcel Map
Zoning Administrator, September 24, 2015
Page 3
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.
Prepared by:
David Lee
Planning Technician
JM/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Tentative Parcel Map No. NP2015-012
Count Tentative Parcel Map No. 2015-112
Tmplt:04-17-14
Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2015-
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2015-012 FOR TWO-UNIT CONDOMINIUM
PURPOSES LOCATED AT 521 ORCHID AVENUE (PA2015-145)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Nicholson Companies, with respect to property located at 521
Orchid Avenue, and legally described as Lot 21, Block 541 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. An existing two-unit duplex was demolished and will be replaced
with a new two-unit duplex. 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 September 24, 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 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. ZA2015-
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 two-
unit duplex was demolished and will be replaced with a new two-unit duplex. The
proposed subdivision and improvements are consistent with the density of the R-2
Zoning District and the current RT 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 because it is regular in
shape and is relatively flat.
2. The subject property is accessible from Orchid 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
considerations make infeasible the mitigation measures or project alternatives
identified in the environmental impact report.
03-03-2015
g
Zoning Administrator Resolution No. ZA2015-
Page 3 of 8
Facts in Support of Finding:
1. The site was previously developed with a two-unit duplex which was demolished
and will be replaced with a new two-unit duplex.
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 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.
03-03-2015
Zoning Administrator Resolution No. ZA2015-
Page 4 of 8
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.
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.
indin :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.
inding: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.
03-03-2015
10
Zoning Administrator Resolution No. ZA2015-
Page 5 of 8
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. The proposed two-unit duplex is consistent with the R-2 Zoning District which
allows two 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 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.
Facts in Support of Finding-
1.
inding: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. NP2015-012 (PA2015-145), subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
03-03-2015
Zoning Administrator Resolution No. ZA2015-
Page 6 of 8
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 24th DAY OF SEPTEMBER, 2015.
Brenda Wisneski, AICP, Zoning Administrator
03-03-2015
Zoning Administrator Resolution No. ZA2015-
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 Section s 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. A ten-foot radius corner cut-off easement for street and public utility purposes at the
Orchid Avenue/Third Avenue curb return shall be recorded as a part of the parcel map.
4. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
5. The existing broken and/or otherwise damaged concrete curb, gutter and sidewalk
panels along the Poinsettia Avenue frontage shall be reconstructed.
6. A portion of existing driveway approach along Third Avenue shall be replaced with a
new driveway plug per City Standards.
7. A new five-foot wide concrete sidewalk shall be constructed along the entire Third
Avenue frontage. The installation of a meandering type of travel path may be required
to accommodate the existing street trees.
8. Upon the construction of new concrete sidewalk along the Third Avenue frontage, a
new ADA compliant curb access ramp shall be constructed at the Orchid Avenue/Third
Avenue curb return.
9. All existing overhead utilities shall be undergrounded.
10. All existing drainage facilities in the public right-of-way shall be retrofitted to comply
with the City's on-site non-storm runoff retention requirements.
11. No above ground improvements shall be installed within the five-foot alley setback.
03-03-2015
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Zoning Administrator Resolution No. ZA2015-
Page 8 of 8
12. Orchid Avenue and Third Avenue are part of the City's Moratorium List. Work
performed on said roadways will require additional surfacing requirements. See City
Standard 105-L-F.
13. 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.
14. New sod or low groundcover of the type approved by the City shall be installed
throughout the Third Avenue and Orchid Avenue parkway fronting the development
site.
15. 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. Water meter and the sewer cleanout shall be located within the public right-of-
way.
16. An encroachment permit is required for all work activities within the public right-of-way.
17. All improvements shall comply with the City's sight distance requirement. See City
Standard 110-L and Municipal Code Section 20.30.130.
18. 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.
19. All on-site drainage shall comply with the latest City Water Quality requirements.
20. 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 property line.
If the sewer lateral to be abandoned has an existing cleanout, abandonment shall
include removal of the cleanout riser, the 4TT box and the wye. Sewer lateral shall
then be capped where the wye used to be.
21. Per Chapter 13 of the City Municipal Code, two (2) 36-inch box Bauhiania Blakeana
(Hong Kong Orchid) street trees shall be planted along the Third Avenue frontage.
03-03-2015
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Project Location
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Tentative Parcel Map No. NP2015-012
PA2015-145
521 Orchid Avenue
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Attachment No. ZA 3
Project Plans
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PA2015-145 Attachment No.ZA 3-Project Plans
T E N T A T I V E
PARCEL MAP NO. 2015- 112
IN THE CITY OF NEWPORT BEACH,COUNTY
OF ORANGE,STATE OF CALIFORNIA.
BEING A SUBDIVISION OF LOT 21 IN BLOCK 541 OF MAP OF CORONA DEL MAR
PER MAP RECORDED IN BOOK 3,PAGES 41 AND 42 OF MISCELLANEOUS MAPS.
RECORDS OF SAID ORANGE COUNTY
PETE J.DUCA 1 PARCEL DUCA-McCOY,INC.
R.C.E.24668 0.081 ACRES GROSS CIVIL ENGINEERS
FOR CONDOMINIUM PURPOSES
.1-C.L. AVENUE
_ {1
EXIST.CLiRB B GUTTER
i I �
118
PARCEL 1 -
-g^ a0.081 ACRES
EXISTING BUILDING TO BE
DEMOLISHED FOR CONSTRUCCION OF
NEW 2-UNIT CONDOMINIUM
L LOT 21 — o,
Z
LOT 19 N ¢ w
7• T v `
(118') Q
T— n
rN
LOT 17
0
R x LOT 15 M
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———Q U (118')
LOT 13 0 25'
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LOT 11
U
150.00'_
C.L. SECOND AVENUE
SITE—
PROPERTY
ITE PROPERTY OWNER/SUBDIVIDER: ENGINEER: ^ t aBcr..c` �;F k r>t`3,{g #,
521 ORCHID,LLC,
A DELA WARE L DUCA-McCOY,INC.
4220 VON KARAVE.
COMPANY 3840 E.COAST HIGHWAY 1/ I 1L..�. �1 'L1 (� , _ ye;:."Q,','.f• - ` e,.
4AIAN AN AVAV LIABILITY E.SUITE 210 CORONA DEL MAR,CA 92625 l 4T
NEWPORT BEACH,CA 92660 (949)6754487
(949)673-3444 PETE J.DU A R.C.E.24668 -- ❑±.,,, e e
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CITY OF NEWPOREWER AND T BEACH P.O BOX 3334 CALIF.: SOUTHEGAS.CO. SOUTHERN O.OX 2307��EDISON.CO. 2911IDAIMLER FIC HONE CO. VICMTTY MAP
3300 NEWPORT BLVD. ANAHEIM,CA. SANTA ANA,CA. SANTA ANA,CA.
NEWPORT BEACH,CA 92663 (714)835-0221 (714)835-5200 (714)546-2842 T E N T A T I V E
(949)644-3011 PAR. MAP NO. 2015-112
Item No. 1 a: Additional Materials Received
Sept. 24, 2015, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher(jimmosher(Wyahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item No. 1. 521 Orchid Avenue Tentative Parcel Map No. NP2015-012
(PA2015-145)
I noticed a several possible problems with the proposed Conditions of Approval:
1. The significance of the "A ten-foot radius corner cut-off easement for street and public utility
purposes at the Orchid Avenue/Third Avenue curb return" in Condition 3 is unclear to me.
The area in question seems to lie entirely outside the subdivided parcel depicted in
Attachment No. ZA 3.
2. Condition 3 makes an odd reference to a "Poinsettia Avenue frontage." As indicated in
Condition 3, and in the location map, the project appears to be at the corner of Orchid and
Third. I am unable to find a Poinsettia Avenue frontage anywhere near the project area.
3. The parkway tree selection mandated by Condition 21 seems strange in view of the City
Council's September 8, 2015, adoption of revised Council Policies G-1 ("Retention or
Removal of City Trees") and GG=6 ("Maintenance and Planting of Parkway Trees"). The new
Council Policy G-6 includes a new Official Tree List. As best I can tell the Hong Kong
Orchid is now a designated street tree along East Coast Highway, and there are no longer
designated street trees along either Orchid or Third Avenue. Instead, Attachment 2 offers a
wide variety of tree choices depending on the parkway size and water usage preferences.
Since according to this new list, the Hong Kong Orchid no longer seems to be allowed
anywhere other than on East Coast Highway, it seems odd to see it required as a Condition
of Approval on Orchid or Third. It certainly doesn't seem to required by NBMC Title 13 as
the condition says.
4. The condition requiring the applicant to indemnify the City seems to have been
inadvertently omitted. Shouldn't it be present?
5. Several other standard conditions that normally appear near the end of these approvals also
seem to be missing. In particular the statement about the timing of the conversion of duplex
to condominiums relative to recording of maps and finaling of permits and the warning about
the expiration of the permit if not acted upon within 24 months. Has part of the normal
boilerplate conditions been accidentally left off?
Item 1b:Additional Materials Received Staff
Zoning Administrator September 24, 2015
521 Orchid Avenue Tentative Parcel Map(PA2015-145)
REVISED DRAFT
RESOLUTION NO.ZA2015-
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2015-012 FOR TWO-UNIT CONDOMINIUM
PURPOSES LOCATED AT 521 ORCHID AVENUE (PA2015-145)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Nicholson Companies, with respect to property located at 521
Orchid Avenue, and legally described as Lot 21, Block 541 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. An existing two-unit duplex was demolished and will be replaced
with a new two-unit duplex. 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 September 24, 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 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.
Item 1b:Additional Materials Received Staff
Zoning Administrator September 24, 2015
521 Orchid Avenue Tentative Parcel Map(PA2015-145)
Zoning Administrator Resolution No. ZA2015-
Page 7 of 9
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 Section s 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. A ten-foot radius corner cut-off easement for street and public utility purposes at the
Orchid Avenue/Third Avenue curb return shall be recorded as a part of the parcel map.
4. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
5. The existing broken and/or otherwise damaged concrete curb, gutter and sidewalk
panels along the a Orchid Avenue frontage shall be reconstructed.
6. A portion of existing driveway approach along Third Avenue shall be replaced with a
new driveway plug per City Standards.
7. A new five-foot wide concrete sidewalk shall be constructed along the entire Third
Avenue frontage. The installation of a meandering type of travel path may be required
to accommodate the existing street trees.
8. Upon the construction of new concrete sidewalk along the Third Avenue frontage, a
new ADA compliant curb access ramp shall be constructed at the Orchid Avenue/Third
Avenue curb return.
9. All existing overhead utilities shall be undergrounded.
10. All existing drainage facilities in the public right-of-way shall be retrofitted to comply
with the City's on-site non-storm runoff retention requirements.
11. No above ground improvements shall be installed within the five-foot alley setback.
03-03-2015
Item 1b:Additional Materials Received Staff
Zoning Administrator September 24, 2015
521 Orchid Avenue Tentative Parcel Map(PA2015-145)
Zoning Administrator Resolution No. ZA2015-
Page 8 of 9
12. Orchid Avenue and Third Avenue are part of the City's Moratorium List. Work
performed on said roadways will require additional surfacing requirements. See City
Standard 105-L-F.
13. 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.
14. New sod or low groundcover of the type approved by the City shall be installed
throughout the Third Avenue and Orchid Avenue parkway fronting the development
site.
15. 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. Water meter and the sewer cleanout shall be located within the public right-of-
way.
16. An encroachment permit is required for all work activities within the public right-of-way.
17. All improvements shall comply with the City's sight distance requirement. See City
Standard 110-L and Municipal Code Section 20.30.130.
18. 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.
19. All on-site drainage shall comply with the latest City Water Quality requirements.
20. 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 property line.
If the sewer lateral to be abandoned has an existing cleanout, abandonment shall
include removal of the cleanout riser, the 4TT box and the wye. Sewer lateral shall
then be capped where the wye used to be.
21. Per Chapter 13 of the City Municipal Code, two (2) 36-inch box Bauhiania Variegata
(Purpurea) Blake--- iu„n„ Keng (DFGh„4) street trees shall be planted along the Third
Avenue frontage.
22. The project is subject to all applicable City ordinances, policies, and standards, unlessFormatted:Indent:Hanging: 0.46",Don't
specifically waived or modified by the conditions of approval. hyphenate,Tab stops: -0.5",Left
Formatted:List Paragraph,Left, No bullets or
23. Subsequent to the recordation of the Parcel Map, the applicant shall apply for a numbering,Hyphenate,Tab stops:Not
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. The building permit for the new construction shall not be finaled until
after recordation of the Parcel Map.
03-03-2015
Item 1b:Additional Materials Received Staff
Zoning Administrator September 24, 2015
521 Orchid Avenue Tentative Parcel Map(PA2015-145)
Zoning Administrator Resolution No. ZA2015-
Page 9 of 9
24. 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.
22-25.To the fullest extent permitted by law, applicant shall indemnify, defend and hold- FFormatted:Indent:Left: 0",Hanging: 0.46",
harmless City, its City Council, its boards and commissions, officials, officers, employees, 6hyphenate,Tab stops: 0.5",Left+
6"",List tab+Not at 0.5"
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 ever
and nature whatsoever which may arise from or in any manner relate (directly or
indirectly)to City's approval of the 5210rchid Avenue Tentative Parcel Map, including, but
not limited to, NP2015-012 (PA2015-145). 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