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HomeMy WebLinkAboutZA2014-032 - PARCEL MAP TO REVERT BACK TO UNDERLYING LOT LINES - 423 Redlands Ave RESOLUTION NO. ZA2014-032 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP NO. NP2014-011 TO RE-ESTABLISH THE TWO (2) ORIGINAL UNDERLYING LOTS LOCATED AT 423 REDLANDS AVENUE (PA2014-107) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Michael and Kimberly Robertson, with respect to property located at 423 Redlands Avenue, and legally described as First Addition to Newport Heights Lot 18 and Lot 19, Block 14 of Tract Map 256, requesting approval of a tentative parcel map and a reduction to the minimum required lot widths. 2. The applicant proposes a tentative parcel map to subdivide one (1) parcel and re- establish the two (2) original underlying lots for single-unit residential developments. The subject property is currently improved with a single-unit dwelling and a detached garage along the northeast property boundary. 3. No demolition is proposed or required prior to the recordation of the Parcel Map. 4. The subject property is located within the Single-Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single-Unit Residential Detached (RS-D). 5. The subject property is not located within the coastal zone. 6. A public hearing was held on August 28, 2014 in the Corona del Mar Conference Room (Bay E-1 st 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. Class 15 consists of 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 to local standards 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 Zoning Administrator Resolution No. ZA2014-032 Page 2 of 10 percent. The proposed parcel map would create two (2) parcels for single-unit residential development 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 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 (Required Findings for Action on Tentative Maps) of Title 19 of the Municipal Code: 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 proposed Parcel Map is for the purpose of subdividing one (1) parcel and re- establish the two (2) original underlying lots for single-unit residential developments. 2. The proposed Parcel Map is consistent with General Plan Land Use Policy LU4.2, which exempts lots that have been legally merged through the Subdivision Map Act and City Subdivision Code approvals from the GPA requirements and allows parcels to be re-subdivided to the original underlying legal lots. This policy is applicable to all Single Unit, Two Unit, and Multiple Unit Residential land use categories. 3. Future development of the proposed lots is required to comply with the Municipal Code and must be consistent with the use and development standards of the R-1 (Single-Unit Residential) Zoning District. One (1) unit on each newly created parcel is allowed consistent with the current Zoning and General Plan Land use designation allowing "Single-Unit Residential Detached". 4. The new parcels meet the minimum requirement of 5,000 square feet; however, not the minimum lot width requirement of 50 feet set forth in Title 20 (Zoning) for new subdivisions. The 49.20-foot-wide parcels correspond with the original underlying lots and with the typical lots in the area. Conditions of approval have been incorporated to require all necessary public improvements including, but not limited to: street, drainage, sidewalk and utility laterals to support the proposed subdivisions in accordance with the Subdivision Code. Finding: B. That the site is physically suitable for the type and density of development. 10-15-2013 Zoning Administrator Resolution No. ZA2014-032 Page 3 of 10 Facts in Support of Finding: 1. The site is currently developed with a single residential unit and detached garage, which is consistent with the use and development standards in the R-1 Zoning District. The proposed Parcel Map would subdivide the parcel and re-establish the two (2) original underlying lots for two (2) single-unit residential developments. 2. The site is sloped less than 20 percent and is suitable for the development of two (2) residences. 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 subject property is developed and located in a developed area. The lot, proposed improvements, and proposed tentative parcel map application will not cause substantial environmental damage. The project site does not contain significant biological resources as it is currently developed with a single residential unit. 2. 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) which 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 to local standards are presently available, the property was not involved in a division of a larger parcel within the previous two (2) years, and the property does not have an average slope greater than 20 percent. The proposed parcel map would create two (2) parcels for single-unit residential developments and is consistent with all of the requirements of the Class 15 exemption. Finding: D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 10-15-2013 Zoning Administrator Resolution No. ZA2014-032 Pane 4 of 10 Facts in Support of Finding: 1. The proposed Tentative Parcel Map would subdivide one (1) parcel to re-establish the two (2) original underlying lots for the purpose of developing two (2) new single- unit residential developments. All construction for the project will comply with 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 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. 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 any easements acquired by the public at large for access through or use of property within the proposed development as there are no public easements that are 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 project site is not subject to a Williamson Act contract as it is developed with a single residential unit where no agricultural resources are present. 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. 10-15-2013 Zoning Administrator Resolution No. ZA2014-032 Page 5 of 10 Facts in Support of Finding: 1. The property is not a "land project" as defined in Section 11000.5 of the California Business and Professions Code, and 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 proposed Parcel Map and improvements are subject to Title 24 of the California Building Code that requires that new construction 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 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 proposed lots is consistent with the number of units allowed in the R-1 Zoning District. 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. Wastewater discharge into the existing sewer system will not violate Regional Water Quality Control Board (RWQCB) requirements because a single residential unit would be developed on each proposed lot. 10-15-2013 Zoning Administrator Resolution No. ZA2014-032 Page 6 of 10 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 and there is no public access or recreation area located on the site. Deviation from Design Standards Per Section 19.24.050.A of Title 19 (Lot Design, Lot Size), new subdivisions shall conform to the applicable zoning district regulations in regards to lot area, width, dimensions and other lot characteristics as required per Title 20 (Planning and Zoning). Deviation from design standards may be approved by the Zoning Administrator subject to specific findings required per Section 19.24.130.C. As proposed, the subdivision would create two (2) 49.20 foot wide lots which do not meet the minimum lot width requirement of fifty (50) feet as required by the Zoning Code for new subdivisions within the R-1 Zoning District. The required findings to deviate from the standards and facts in support of those findings are as follows: Finding: A. The requested deviations will create a land plan or development design equal or superior to that under the baseline design standards in this Chapter. Facts in Support of Finding: 1. The proposed lots are equal in width, length, and area to the original subdivision which was comprised of 49.20-foot-wide by 127.50-foot-deep lots. 2. The existing lot orientation with vehicular access from the alley and pedestrian access from Redlands Avenue is maintained. Finding: B. The deviations will not negatively impact the carrying capacity of the local vehicular circulation network. Facts in Support of Finding: 1. The proposed subdivision would subdivide one (1) parcel and re-establish the two (2) original underlying lots for single-unit residential development. No increase in 10-15-2013 Zoning Administrator Resolution No. ZA2014-032 Page 7 of 10 density is proposed and, therefore, will not negatively impact the carrying capacity of Redlands Avenue. Finding: C. The deviations will not negatively impact pedestrian circulation. Facts in Support of Finding: 1. The subdivision will not reduce or encroach within the abutting public right-of-way (Redlands Avenue). 2. The subdivision will not eliminate or impede pedestrian circulation provided that the necessary improvements are provided in accordance with applicable Public Works design standards and permitting. Finding: D. The resulting subdivision will be compatible with the pattern of surrounding subdivisions. Facts in Support of Finding: 1. The original subdivision established 49.20-foot-wide lots on Block 13 and 14 of the Newport Heights Subdivision on properties which front on Redlands Avenue, San Bernardino Avenue, and Santa Ana Avenue between Broad Street and Cliff Drive. Therefore, the proposed subdivision will be compatible with the pattern of the surrounding subdivisions. Finding: E. The resulting subdivision design and improvements will not be materially detrimental to the residents or tenants of the proposed subdivision or surrounding properties, nor to public health or safety. Facts in Support of Finding: 1. The proposed subdivision to re-subdivide the existing one (1) parcel in a comparable manner to the underlying, legal lots would allow a single-unit dwelling to be constructed on each lot in accordance with the General Plan. Approval does not introduce an incompatible land use, and the resulting subdivision design would not be detrimental to the residents as vehicular and pedestrian access would be maintained. Any new development must be in accordance with the conditions of approval and the Municipal Code. The resulting lot widths are not inconsistent with the lot widths and development pattern of the neighborhood. 10-15-2013 Zoning Administrator Resolution No. ZA2014-032 Page 8 of 10 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED; 1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel Map No. NP2014-011, 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 ten (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 28TH DAY OF AUGUST, 2014. Patrick J. Alford, Zoning Administrator 10-15-2013 Zoning Administrator Resolution No. ZA2014-032 Page 9 of 10 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 applicant shall reconstruct the existing broken and/or otherwise damaged concrete curb and gutter along Redlands Avenue. 5. All existing overhead utilities shall be undergrounded. 6. All existing private, non-standard improvements within the public right-of-way and/or extensions of private, non-standard improvements into the 12-foot public right-of-way fronting the development site shall be removed (i.e. railroad ties, steps, hand rail, lights, fences, pavers, etc.). 7. An encroachment permit is required for all work activities within the public right-of-way. 8. All improvements shall comply with the City's sight distance requirement pursuant to City Standard 110-L and Municipal Code Section 20.30.130. 9. 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. 10. All on-site drainage shall comply with the latest City Water Quality requirements. 11. Each lot/residence requires its own individual water service/meter and sewer lateral with cleanout. Each water meter and sewer cleanout shall be installed with a traffic- grade box and cover located within the public right-of-way. 10-15-2013 Zoning Administrator Resolution No. ZA2014-032 Page 10 of 10 12. 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 the property line. 13. Pursuant to Chapter 13 of the Newport Beach Municipal Code, a 36-inch-box Cinnamomum Camphora street tree is required along Redlands Avenue frontage for each lot. 14. 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 423 Redlands Avenue Parcel Map including, but not limited to, Tentative Parcel Map No. NP2014-011 (PA2014-107). 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. 15. This Parcel Map shall expire if the map has not been recorded within twenty-four (24) months of the date of approval, unless an extension is granted by the Director of Community Development in accordance with the provisions of Section 19.16 of the Newport Beach Municipal Code. 10-15-2013