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HomeMy WebLinkAbout1798 -DENY AN APPEAL AND APPROVE PARCEL MAP_2128 MESA DRIVERESOLUTION NO. 1798 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING AN APPEAL BY THE APPLICANT AND UPHOLDING AND AFFIRMING THE DECISION OF THE ZONING ADMINISTRATOR AND APPROVING PARCEL MAP NO. 2008 -024 WITH REVISED CONDITIONS (PA2008 -207) THE PLANNING COMMISION OF THE CITY OF NEWPORT BEACH HERBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by the applicant, Richard Moriarty, with respect to property located at 2128 Mesa Drive, and legally described as a Portion of Lot 152, Block 51 Irvine's Subdivision, Portions of Lots 104 -115 inclusive and portions of Lots 120 and 121, Tract 706. 2. The applicant proposes to combine existing portions of lots and parcels into a single parcel of land for single - family residential development. 3. The subject property is located within the Residential Agricultural (R -A) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached (RSD -A). 5. A public hearing was held on December 8, 2008, in the City Council Conference Room, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, considered by, and approved with conditions by the Zoning Administrator at this meeting. 6. An appeal was filed on December 22, 2008, by the applicant, Richard Moriarty. 7. Public hearings were held on February 19, May 21, August 20, and November 5, 2009, and February 4, 2010 in the City Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. Planning Commission Resolution No. Paae 2 of 9 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 15 (Minor Land Divisions). 2. The project consists of 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 to local standards 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. SECTION 3. REQUIRED FINDINGS. The Planning Commission determined in this case that the proposed 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 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: A -1. The proposed parcel map is to combine portions of 14 lots to create one parcel of land for single family residential purposes. The residential density on the site will remain the same. The proposed subdivision and improvements are consistent with the density of the R -A (Residential - Agricultural) Zoning District and the current General Plan Land Use Designation "Single -Unit Residential Detached ". Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Finding: B -1. The lot is regular in shape, has a slope of less than 20 percent, and is suitable for development. 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 Planning Commission Resolution No. Paae 3 of 9 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: C -1. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 15 (Minor Land Divisions). The design of the lot merger and roadwork improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. 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 Findina: D -1. The construction of the proposed single family residence will comply with all Building, Public Works, and Fire Codes. Public improvements will be required of the developer per Section 19.28.010 of the Municipal Code and Section 66411 of the Subdivision Map Act. All ordinances of the City and all conditions of approval will be complied with. D -2. That public improvements will be required of the applicant per the Municipal Code and the Subdivision Map Act. Findina: 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 easements 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. Planning Commission Resolution No. Paqe 4 of 9 Facts in Support of Finding: E -1. That the design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. E -2. That adequate ingress /egress will be provided via a recorded access easement prior to final recordation of the parcel map. E -3. That the easement will be improved to the satisfaction of the Public Works department prior to recordation of the Parcel Map. E -4. Condition Nos. 16 and 17 requiring the establishment of an access easement and improvement of the driveway to City standard prior to recordation of a final parcel map are necessary for compliance with this finding and the Subdivision Map Act. The Planning Commission can not make find facts in evidence for approval of the finding without the conditions of approval. 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: F -1. The property is not subject to the Williamson Act since the subject property is not considered an agricultural preserve and is less than 100 acres. Finding: G. That, in the case of a 'land project' as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision - making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: G -1. The property is not a 'land project' as defined in Section 11000.5 of the California Business and Professions Code. Planning Commission Resolution No. Page 5 of 9 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: H -1. The proposed parcel map and 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 Department enforces Title 24 compliance through the plan check and inspection process. Finding: 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 -1. The proposed parcel map 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. The residential density on the site will remain the same, which allows one unit for the R -A Zoning District. No affordable housing units are being eliminated based upon the fact that the previously existing units were not occupied by low or moderate income households and the proposed number of units remains the same. 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 Findinq: J -1. Wastewater discharge into the existing sewer system will remain the same and does not violate 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 Planning Commission Resolution No. Paqe 6 of 9 applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Support of Finding: K -1. The proposed parcel map is located in the Coastal Zone and conforms to the certified Local Coastal Program, The Coastal Land Use Plan designates this site as Estate Residential (RE), which is intended to provide for very low- density single - family detached residential development on large lots, and the current development is consistent with this designation. K -2. That Coastal Commission approval will be obtained for the Parcel Map prior to recordation. K -3. Condition No. 22 requiring Coastal Commission approval of the tentative map is necessary for compliance with this finding and the Planning Commission can not find facts in evidence for approval of the finding without the condition of approval. SECTION 4. DECISION. NOW THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby upholds and affirms the decision of the Zoning Administrator and approves Parcel Map No. 2008 -024, subject to the revised Conditions set forth in Exhibit "A ". 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this is called for review by the City Council in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 4T" DAY OF FEBRUARY, 2010. AYES:_ Eaton, Unsworth, Hawkins, McDaniel, Toerge, and Hillgren NOES Peotter BY: C 'Robert Hawkins, h irman BY: A L v� Charles Unsworth, Secretary Planning Commission Resolution No. Facie 7 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL PARCEL MAP NO. 2008 -024 1. A parcel map shall be recorded with the Orange County Clerk- Recorder Department. The Map shall be prepared on the California coordinate system (NAD83). 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 City Ordinance and the Public Works Department. In addition, improvements for domestic water and sanitary sewer service connections shall be constructed as required by the Irvine Ranch Water District and the Costa Mesa Sanitary District respectively. 4. No permanent structures can be built within the limits of any easement within the property. 5. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 6. All applicable Public Works Department plan check fees, improvement bonds and inspection fees shall be paid prior to processing of the map by the Public Works Department. 7. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.28.090 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 8. In accordance with the provisions of Chapter 13 (or any other applicable chapters) of the Newport Beach Municipal Code, additional street trees may be required and existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Planning Commission Resolution No. Page 8 of 9 Department and the Public Works Department through an encroachment permit or agreement. 9. 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. The Public Works Inspector shall field verify compliance with this requirement prior to recordation of the parcel map. 10. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L. 11. All on -site drainage shall comply with the latest City Water Quality requirements. 12. Additional Public Works improvements, including street and alley reconstruction work may be required at the discretion of the Public Works Inspector. 13. 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. 14. 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 unless an Encroachment Agreement is applied for and approved by the Public Works Department. 15. Two -car parking, including one enclosed garage space, shall be provided on site for each dwelling unit per requirements of the Zoning Code. 16. Prior to recordation of the final Parcel Map the applicant shall prove that the applicant has the right to access the property (i.e. ingress /egress to and from the property) from Mesa Drive. The applicant shall establish proof that the applicant has the right to access the property from Mesa Drive in a form and manner acceptable to the Office of the City Attorney, in its sole discretion. Reference to recorded instruments covering rights for ingress, egress, and utility services to the property shall be shown on the final Parcel Map. 17. The applicant shall complete roadwork improvements on the ingress /egress and utilities easement to the subject property to the satisfaction of the Public Works Department prior to recordation of the Parcel Map. The required improvements shall include the construction of a 20 -foot wide, paved driveway with drainage improvements including a bottomless trench drain at the end of the driveway. 18. Utilities shall be connected to the satisfaction of the Irvine Ranch Water District and the Costa Mesa Sanitary District prior to recordation of the Parcel Map. 19. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control Planning Commission Resolution No. Page 9 of 9 equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 20. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport Beach Municipal Code, approved street numbers or addresses shall be placed on all new and existing buildings in such a location that is plainly visible and legible from the street or road fronting the subject property. Said numbers shall be of non - combustible materials, shall contrast with the background and shall be either internally or externally illuminated to be visible at night. Numbers shall be no less than four inches in height with a one -inch wide stroke. The Planning Department Plan Check designee shall verify the installation of the approved street number or addresses during the plan check process for the new or remodeled structure. 21. County Sanitation District fees shall be paid prior to issuance of any building permits, if required by the Public Works Department or the Building Department. 22. Prior to the recordation of the parcel map, the applicant shall obtain a determination, in writing, from the Coastal Commission that the merger of parcels as proposed by the parcel map is not development under the California Coastal Act or obtain Coastal Commission approval of the parcel map. 23. This parcel map shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Director in accordance with the provisions of Section 19.16 of the Newport Beach Municipal Code. 24. To the fullest extent permitted by law, the 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 Parcel Map No. NP2008 -024; and /or the City's related California Environmental Quality Act determinations.