HomeMy WebLinkAbout02 - Dexter Condominiums Tentative Parcel Map - PA2016-051 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
May 12, 2016
Agenda Item No. 2
SUBJECT: Dexter Condominiums (PA2016-051)
514 and 514 '/2 Fernleaf Avenue
• Tentative Parcel Map No. NP2016-006
• County Tentative Parcel Map No. 2015-173
APPLICANT: Dexter Fernleaf Ave, LLC
OWNER: Dexter Fernleaf Ave, LLC
PLANNER: David Lee, Planning Technician
(949) 644-3225, or dlee@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: R-2 (Two-Unit Residential)
• General Plan: RT (Two-Unit Residential)
PROJECT SUMMARY
Request for a tentative parcel map for condominium purposes. No waivers of Title 19
requirements are requested. An existing single-family residence 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. _ approving Tentative Parcel Map
No. NP2016-006 (Attachment No. ZA 1).
DISCUSSION
• The property is 3,540 square feet in area, topographically flat, and located south
of East Coast Highway on Fernleaf Avenue between Second Avenue and East
Coast Highway.
1
Dexter Condominiums
Zoning Administrator, May 12, 2016
Page 2
• A single-family residence 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
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
Dexter Condominiums
Zoning Administrator, May 12, 2016
Page 3
Prepared by:
David S. Lee, Planning Technician
JM/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
Tmple 10-02-15
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2016-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY
OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP
NO. NP2016-006 FOR TWO-UNIT CONDOMINIUM PURPOSES
LOCATED AT 514 AND 514 '/2 FERNLEAF AVENUE (PA2016-051)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Dexter Fernleaf Ave, LLC, with respect to property located at
514 and 514 '/2 Fernleaf Avenue, and legally described as Lot 16, Block 533, 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 single-family residence 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 located within the coastal zone. The Coastal Land Use category
is Two-Unit Residential (RT-D).
5. A public hearing was held on May 12, 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. 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. ZA2016-###
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 (Planning and Zoning) 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-family residence 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 a two-unit development because it is regular in
shape and is relatively flat.
2. The subject property is accessible from Fernleaf Avenue and an 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
Zoning Administrator Resolution No. ZA2016-###
Page 3 of 8
Facts in Support of Finding:
1. The site was previously developed with a single-family residence which has been
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. ZA2016-###
Page 4of8
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. 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.
03-03-2015
g
Zoning Administrator Resolution No. ZA2016-###
Page 5 of 8
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 duplex 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 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 . The subject property is located within the Coastal Zone. The subdivision
conforms to the Local Coastal Program since the Coastal Land Use category is
Two-Unit Residential (RT-D).
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2016-006 (PA2016-051), subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
03-03-2015
9
Zoning Administrator Resolution No. ZA2016-###
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 or call for review 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 12th DAY OF MAY, 2016.
Patrick J. Alford, Zoning Administrator
03-03-2015
10
Zoning Administrator Resolution No. ZA2016-###
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. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
4. The existing broken and/or otherwise damaged concrete sidewalk panels, curb and
gutter along the Fernleaf Avenue frontage shall be reconstructed.
5. The existing driveway approach along Fernleaf Avenue shall be replaced with a new
driveway plug per City Standards 165-L.
6. All existing overhead utilities shall be undergrounded.
7. No above ground improvements shall be installed within the 5-foot alley setback.
8. 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.
9. An encroachment permit is required for all work activities within the public right-of-way.
10. All improvements shall comply with the City's sight distance requirement. See City
Standard 110-L and Municipal Code Section 20.30.130.
11. 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.
03-03-2015
22
Zoning Administrator Resolution No. ZA2016-###
Page 8 of 8
12. All on-site drainage shall comply with the latest City Water Quality requirements.
13. 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.
14. The existing parkway street tree (Magnolia Grandiflora) with a current value of
$2,070.00 shall be retained. Unauthorized tree removal will trigger substantial
penalties for all of the parties involved.
15. Prior to recordation of the Parcel Map, a park fee shall be assessed for one additional
dwelling unit.
16. 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.
17. 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.
18. 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 Dexter Condominiums including, but not limited to
Tentative Parcel Map No. NP2016-006 (PA2016-051).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
12
Attachment No. ZA 2
Vicinity Map
13
VICINITY MAP
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Project Location
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Tentative Parcel Map No. NP2016-006
PA2016-051
514 and 514 '/2 Fernleaf Avenue
Attachment No. ZA 3
Project Plans
15
PA2016-051
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