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HomeMy WebLinkAboutZA2018-097 - TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT TO DEMOLISH TWO STRUCTURES AND CREATE ONE PARCEL - 3312-3318, 3322, AND 3324 VIA LIDO05-15-2018 RESOLUTION NO. ZA2018-097 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING PARCEL MAP NO. NP2018-012 AND COASTAL DEVELOPMENT PERMIT NO. CD2018-045 TO DEMOLISH TWO STRUCTURES AND CREATE ONE PARCEL LOCATED AT 3312-3318, 3322, and 3324 VIA LIDO (PA2018-100) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Andrew and Julie Stupin, with respect to property located at 3312-3318, 3322, and 3324 Via Lido, requesting approval of a Coastal Development Permit and tentative parcel map. 2. The property at 3312-3318 Via Lido is legally described as Lots 1 and 2 of Tract 1622, in the City of Newport Beach, County of Orange, State of California, as per Map Recorded in Book 47, Miscellaneous Maps, in the Office of the County Assessor of Said County. Except the Northwesterly 28 feet of said Lot 2. The property at 3322 and 3324 Via Lido is legally described as Parcel 2 of PM2009-125, in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 373, Pages 21 & 22 or said Parcel Maps in the Office of the County Recorder of Said County. 3. The applicant requests a Coastal Development Permit and tentative parcel map to demolish the existing two-unit residential condominium structure and four-unit residential apartment structure, and consolidate the two properties into one parcel for future use as a single-building site. No new construction is included in this application. 4. The subject properties is designated RM (Multiple-Unit Residential) by the General Plan Land Use Element and located within the RM (Multi-Unit Residential) Zoning District. 5. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is RM-D (Multiple Unit Residential – 20.0 – 29.9 DU/AC) and it is located within the RM (Multi-Unit Residential) Coastal Zone District. 6. On March 16, 2018, the Community Development Director approved Staff Approval No. SA2018-006 (PA2018-051) finding the demolition of a four-unit residential structure is in compliance with the Zoning Code Chapter 20.34 and Local Coastal Program Implementation Plan Chapter 21.34 (Conversion or Demolition of Affordable Housing). The staff approval concluded that there will be no conversion of residential to nonresidential uses, and none of the units are and/or were occupied by low- and moderate- income families or persons. 7. A public hearing was held on August 9, 2018, 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 hearing was given in accordance with the Newport Beach Municipal Zoning Administrator Resolution No. ZA2018-097 Page 2 of 11 05-15-2018 Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Sections 15301 and 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 1 and Class 15, because it has no potential to have a significant effect on the environment. 2. Class 1 (Existing Facilities) exempts the demolition of up to six dwelling units, where the project includes the demolition of six dwelling units on two lots. 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 to create a single lot and is consistent with all of the requirements of the Class 15 exemption. SECTION 3. REQUIRED FINDINGS. The Zoning Administrator determined in this case that the Tentative Parcel Map and demolition of existing structures are consistent with the legislative intent of NBMC Title 21 and approves the Coastal Development Permit based on the following findings per Section 21.52.015(F): Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The subject lots currently contain two structures with a total of six units. No new construction is currently proposed. The tentative parcel map serves to create one ownership (a single-building site) where there are currently three ownerships (two condominiums and one multi-unit complex). 2. The Tentative Parcel Map and CDP are for properties within a developed neighborhood on the shoreline of Newport Bay. The project design addresses water quality with a construction erosion control plan that includes drainage and percolat ion features designed to retain dry weather run-off and minor rain event run-off on-site. Any water not retained on-site is directed to the City’s storm drain system. 3. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code and Building Division standards and policies. Zoning Administrator Resolution No. ZA2018-097 Page 3 of 11 05-15-2018 4. This Coastal Development Permit does not include the construction of any new structures. Subsequent construction of a new residential structure (beyond the incidental construction required by the conditions for this permit), will require the approval of a separate coastal development permit. Finding: B. Conforms with the public access and public recreation policies o f Chapter 3 of the Coastal Act if the project is between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: 5. The project site is located between the nearest public road and the sea or shoreline. The residential lots do not currently provide nor inhibit public coastal access. NBMC Section 21.30A.040 requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project is a tentative parcel map to create a single ownership parcel and involves demolition of two existing structures containing a total of six units. Thus, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. 6. Removal of the existing interior lot line between the two properties would allow a new structure to be built in the center of the two properties. There are currently side setbacks along the interior lot line where there are narrow views of the bay from the street. However, any existing views lost from the construction in the center of these two properties would be offset by the increase in side setbacks, which would be 8 percent of the new lot width per the RM Zon ing and Coastal Zoning Standards. The new lot is approximately 100 feet wide, thus each side setback would be approximately 8 feet. Any new construction would be required to comply with current Zoning Code and Implementation Plan development standards. A more detailed analysis of potential visual impacts will be included in a coastal development permit for the new structure based on the specific design proposed. 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: Zoning Administrator Resolution No. ZA2018-097 Page 4 of 11 05-15-2018 1. The Tentative Parcel Map is for the purpose of establishing a single-building site where there are currently two properties. Two structures containing a total of six units will be demolished as part of the project. No new construction is currently proposed. The proposed subdivision and improvements are consistent with the density of the RM Zoning District and the current RM 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 use as a single building site. There are currently six units on two lots. The proposed parcel map would reduce the configuration to one lot, but the maximum density would remain the same at one unit per 1,200 square feet of lot area. 2. The subject property is accessible from Via Lido 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. Facts in Support of Finding: 1. The properties were previously developed with a two-unit condominium and a four- unit apartment structure that will be demolished. No new construction is currently proposed. 2. The property is located in an urbanized area that does not contain any s ensitive vegetation or habitat on-site. 3. The project is categorically exempt under Section s 15301 and 15315 (Article 19 of Chapter 3), of the California Environmental Quality Act (CEQA) Guidelines – Class 1 (Existing Structures) and Class 15 (Minor Land Alterations). Finding: Zoning Administrator Resolution No. ZA2018-097 Page 5 of 11 05-15-2018 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 the creation of a single building site. 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 Public Works department has reviewed the proposed parcel map and determined that 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. Any future development would require Public Works review to ensure the design does not conflict with any public easements located on the property. Finding: F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: 1. The property is not subject to the Williamson Act because the subject property is not designated as an agricultural preserve and is less than 100 acres in area. Zoning Administrator Resolution No. ZA2018-097 Page 6 of 11 05-15-2018 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 spe cific 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. California Business and Professions Code Section 11000.5 has been repe aled by the Legislature. However, this Project site is not considered a “land project” as previously defined in Section 11000.5 of the California Business and Professions Code because the Project site does not contain 50 or more parcels of land. 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. 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 single building site is consistent with the RM Zoning District, which allows one unit for each 1,200 square feet of lot area. Any future development on the site would require the project to comply with density and other development standards of Title 20 and Title 21 of the Municipal Code. Therefore, the Tentative Parcel Map to allow the establishment of a single ownership lot will not affect the City in meeting its regional housing need. Zoning Administrator Resolution No. ZA2018-097 Page 7 of 11 05-15-2018 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 future residential building will be designed to have 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 within the Coastal Zone. The facts in support of findings A and B above are hereby incorporated by reference. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel Map No. NP2018-012 and Coastal Development Permit No. CD2018-045, 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 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 19 (Subdivisions) or Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the C oastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF AUGUST, 2018. __________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-097 Page 8 of 11 05-15-2018 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. Prior to recordation of the parcel map for construction on the site, a demolition permit for the existing structures on both properties shall be issued and finaled. 3. Prior to the issuance of building permits for construction across the existing lot lines, recordation of the parcel map documents with the County Recorder shall be required. 4. A Coastal Development Permit is required for any future development on the property pursuant to Title 21 Local Coastal Program Implementation Plan. 5. 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), Title 21 (Local Coastal Program Implementation Plan) and Title 19 (Subdivisions) of the Municipal Code. 6. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 7. This Coastal Development Permit does not authorize any development seaward of the private property. 8. Best Management Practices (BMP’s) and Good Housekeeping Practices (GHP’s) shall be implemented prior to and throughout the duration of demolition activity as designated in the Construction Erosion Control Plan. 9. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 10. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stockpiles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 11. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. Zoning Administrator Resolution No. ZA2018-097 Page 9 of 11 05-15-2018 12. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 13. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 14. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 15. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 16. Prior to the issuance of demolition permits, the applicant shall submit a final construction erosion control plan and final demolition plan. The plans shall be subject to the review and approval by the Building Division. 17. Prior to issuance of a demolition permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 18. Prior to the issuance of demolition permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 19. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current property owner or agent. 20. 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 Stupin Demolition and Parcel Map including, but not limited to, Coastal Development Permit No. CD2018-045 and Parcel Map No. NP2018-100 (PA2018-100). 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. Zoning Administrator Resolution No. ZA2018-097 Page 10 of 11 05-15-2018 Public Works Department 21. A Parcel Map shall be recorded. The Map shall be prepared on the Califo rnia coordinate system (North American Datum 1983). 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 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted of the City of Newport Beach shall comply with the City’s CADD Standards. Scanned images will not be accepted. 22. 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 Suba rticle 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. 23. All improvements shall be constructed as required by Ordinance and the Public Works Department. 24. All damaged sidewalk panels, curb, gutter and street along the Via Lido Street property frontage shall be reconstructed as determined by the Public Works Department. 25. 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. 26. The existing street light shall be protected in place. 27. All existing gas meters along the project frontage shall be removed from the public right- of-way. 28. All unused sewer laterals and sewer clean outs shall be abandoned at the property line and clean outs, risers, 4TT boxes and wyes shall be removed. 29. All unused water services and water me ters shall be capped at the water main (corporation stop) and water meter, box and cover shall be removed. 30. Two new 36-inch box street trees shall be installed along the Via Lido frontage and all parkway hardscape shall be removed. 31. All unused or unused portion of the driveway approaches shall be abandoned per City Standard STD-165-L. 32. An encroachment permit is required for all work activities within the public right -of-way. Zoning Administrator Resolution No. ZA2018-097 Page 11 of 11 05-15-2018 33. All improvements shall comply with the City’s sight distance requirement. See C ity Standard 110-L. 34. 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.