HomeMy WebLinkAbout02 - 601 Iris Avenue Tentative Parcel Map - PA2016-037 COMMUNITY DEVELOPMENT DEPARTMENT
VPLANNING DIVISION
low 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
cq�iFOw�avP 949-644-3200 Fax: 949-644-3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 28, 2016
Agenda Item No. 2
SUBJECT: 601 Iris Avenue Tentative Parcel Map (PA2016-037)
601 and 601 '/2 Iris Avenue
• Tentative Parcel Map No. NP2016-005
• County Tentative Parcel Map No. 2015-179
APPLICANT: ADG Investments, LP
OWNER: ADG Investments, LP
PLANNER: Chelsea Crager, Assistant Planner
(949) 644-3227, ccrager@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. A two-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 indvidually. No deviations to Title 19 (Subdivisions)
development standards are proposed with this application.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map
No. NP2016-005 (Attachment No. ZA 1).
DISCUSSION
• A two-unit duplex 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.
1
601 Iris Avenue Tentative Parcel Map
Zoning Administrator, April 28, 2016
Page 2
• 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 condominium purposes does not change the use.
• The new condominium project will conform to the 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
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 or call for review 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.
TmpIt:10-02-15
601 Iris Avenue Tentative Parcel Map
Zoning Administrator, April 28, 2016
Page 3
Prepared by:
Nu4a Lt
Chelsea Crager, As� tant Planner
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 County Tentative Parcel Map No. 2015-179
TmpIt:10-02-15
3
Attachment No. ZA 1
Draft Resolution
RESOLUTION NO. ZA2016-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2016-004 FOR TWO-UNIT CONDOMINIUM
PURPOSES LOCATED AT 601 and 601 % IRIS AVENUE
(PA2016-037)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Apex Land Surveying, Inc, with respect to property located at
601 and 601 '/2 iris Avenue, and legally described as Lot 1, Block 653, Tract 186
requesting approval of a tentative parcel map.
2. The applicant proposes a tentative parcel map for two-unit condominium purposes. No
waiver of Title 19 (Subdivisions) development standards is proposed with this application.
A 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 April 28, 2016 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 . The project is categorically exempt under Section 15315, of the State CEQA
(California Environmental Quality Act) Guidelines - 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.
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Zoning Administrator Resolution No. ZA2016-###
Page 2 of 9
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 General Plan Land Use Designation "Two-Unit Residential."
2. The subject property is not located within a 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 a two-unit development because it is regular in shape.
2. The subject property is accessible from Iris Avenue, Third 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.
03-08-2016
Zoning Administrator Resolution No. ZA2016-###
Page 3 of 9
Facts in Support of Finding:
1. The site was previously developed with a two-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 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. ZA2016-###
Page 4 of 9
Findinq:
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 Findinq:
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 Findinq:
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.
Findinq:
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 Findinq:
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.
03-08-2016
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Zoning Administrator Resolution No. ZA2016-###
Page 5 of 9
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 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:
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. NP2016-005 (PA2016-037), 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 or call for review is filed with the Director
03-08-2016
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Zoning Administrator Resolution No. ZA2016-###
Page 6 of 9
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 APRIL, 2016.
Patrick J. Alford, Zoning Administrator
03-08-2016
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Zoning Administrator Resolution No. ZA2016-###
Page 7 of 9
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. Subsequent to the recordation of the parcel map, the applicant shall apply for a
building permit for a description change of the subject project development from
"duplex" to "condominium." The development will not be condominiums until this permit
is finaled. The building permit for the new construction shall not be finaled until after
recordation of the parcel map.
3. 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.
4. 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 601 Iris Avenue Tentative Parcel Map including, but
not limited to, Tentative Parcel Map No. NP2016-005 (PA2016-037). 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.
PUBLIC WORKS
5. 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,
03-08-2016
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Zoning Administrator Resolution No. ZA2016-###
Page 8 of 9
Subarticle 18. The Map to be submitted to the City of Newport Beach shall
comply with the City's CADD Standards. Scanned imaged will not be accepted.
6. Prior to the 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 the construction project.
7. A 10-foot radius corner cut-off easement for street and public utility purposes at the Iris
Avenue/Third Avenue curb return shall be recorded as a part of the parcel map.
8. Reconstruct the existing broken and/or otherwise damaged concrete sidewalk panels,
curb and gutter along the Iris Avenue and Third Avenue frontages.
9. A new minimum 5-foot wide concrete sidewalk shall be constructed along the entire Third
Avenue frontage.
10. Upon construction of new concrete sidewalk along the Third Avenue frontage, a new
ADA compliant curb access ramp shall be constructed at the Iris Avenue/Third Avenue
curb return.
11. 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.
12. Install new low-growing groundcover of the type approved by the City throughout the
Third Avenue parkway fronting the development site.
13. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
14. All existing overhead utilities shall be undergrounded.
15. No above ground improvements shall be installed within the five-foot alley setback.
16. 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.
17. An encroachment permit is required for all work activities within the public right-of-way.
18. All improvements shall comply with the City's sight distance requirement. See City
Standard 110-L and Municipal Code Section 20.30.130.
03-08-2016
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Zoning Administrator Resolution No. ZA2016-###
Page 9 of 9
19. 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.
20. All on-site drainage shall comply with the latest City Water Quality requirements.
21. 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.
22. Per Chapter 13 of the City Municipal Code, a total of four (4) 36-inch box street trees
shall be planted; one (1) along Iris Avenue and three (3) along the Third Avenue
frontage. Tree species shall be per Council Policy G-6.
03-08-2016
13
Attachment No. ZA 2
Vicinity Map
14
VICINITY MAP
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448 Y'
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Tentative Parcel Map No. NP2016-005
PA2016-037
601 and 601 '/2 Iris Avenue
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Attachment No. ZA 3
County Tentative Parcel Map No. 2015-179
10
PA2016-037
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IRIS AVENUE HUNTINGTON BEACH, CALIFORNIA 92646
PH0NE:(714)486-5006 FAX:(714)333-4440
APEXLSINC@a GMAIL.COM