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HomeMy WebLinkAboutZA2016-020 - SUBDIVISION OF EXISTING PARCEL INTO SIX LOTS (TWO NUMBERED AND FOUR LETTERED) FOR FINANCING PURPOSES - 1101 San Joaquin Hills Rd RESOLUTION NO. ZA2016-020 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP NO. NP2016-003 FOR THE VILLAS FASHION ISLAND PROJECT LOCATED AT 1101 SAN JOAQUIN HILLS ROAD (PA2015-220) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Irvine Company, with respect to property located at 1101 San Joaquin Hills Road, and legally described as Parcel 3, as shown on a Parcel Map filed in Book 81, Pages 8 and 9 of Parcel Maps, in the Office of the Orange County Recorder, except therefrom that portion of said land lying within Parcels 1 through 4 as shown on a Map, filed in Book 175, Pages 22 to 24 of Parcel Maps, Records of said County, requesting approval of a tentative parcel map. 2. The applicant proposes to subdivide one existing 18.29-acre parcel into two numbered parcels and two lettered parcels in conjunction with the Villas Fashion Island project (formerly the San Joaquin Plaza Apartments). 3. The subject property is located within the North Newport Center Planned Community (PC-56) Zoning District and the General Plan Land Use Element category is Mixed-Use Horizontal (MU-H3). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on April 14, 2016, 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. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under 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 and no variances or exceptions are required. It also requires that 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. Zoning Administrator Resolution No. ZA2016-020 Page 2 of 7 2. The tentative parcel map does not change uses and is for financing purposes and the numbered parcels meet the minimum parcel sizes. The two lettered parcels are landscape and open space consistent with the approved development of the property. Approved development within the boundaries of the proposed map was reviewed for consistency with the General Plan, the North Newport Center PC. The development meets these policies and regulations and has been permitted. Access and utilities were also reviewed by Building, Fire and the Public Works Departments and all necessary improvements have been authorized. The Tentative Parcel Map 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 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 financing purposes. The proposed subdivision of the residential project under construction and the existing office parking structure is consistent with provisions of the Subdivision Map Act and the MU-H3 (Mixed-Use Horizontal) General Plan land use designation which provides for a horizontal intermixing of uses that may include residential and commercial office uses. 2. Public improvements as required by the Public Works Department have been generally reviewed as part of the overall development of the property; however, a condition of approval is included to ensure any additional improvements resulting from the subdivision are addressed in compliance with Title 19 (Subdivisions). 3. The project 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. Development of proposed Parcel 1 has been reviewed and approved as a 524-unit residential project. A parking structure also exists on-site to serve adjacent office buildings and will be situated on proposed Parcel 2. The newly constructed buildings 03-08-2016 Zoning Administrator Resolution No. ZA2016-020 Page 3 of 7 were reviewed under Plan Check No. 2935-2013 and will meet all Building Code and Zoning Code requirements. As designed, the site and proposed parcels are physically suitable for the development. The proposed configuration will not create any nonconformities and all structures will meet or exceed the minimum setbacks for the existing development. 2. The subject property is directly accessible from San Joaquin Hills Road. It is also accessible by way of a private drive accessed from Santa Cruz Drive. 3. The site and development are 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 historic use of the property has been commercial office buildings and parking. Proposed Parcel 1 is being redeveloped as a multi-family residential project. The proposed subdivision does not affect existing development of the site that has been determined to be consistent with applicable land use and construction regulations. 2. The property is located in an urbanized area that does not contain any sensitive vegetation or wildlife 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 Divisions). 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 financing purposes. All improvements relative to the development have been reviewed and building permits have been issued. 03-08-2016 Zoning Administrator Resolution No. ZA2016-020 Page 4 of 7 2. Any subsequent work will be reviewed to ensure compliance will be met with regard to all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Any public improvements 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 shall comply with all ordinances of the City and all Conditions of Approval. 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 Tentative Parcel Map will not conflict with the existing pedestrian easement along Santa Cruz Drive. A condition requires an additional pedestrian easement along the San Joaquin Hills Road frontage be included as part of the Parcel Map. 2. Shared vehicular and pedestrian ingress, egress, and access to the new apartment complex will be provided via a newly constructed private roadway accessed from Santa Cruz Drive. This roadway is consistent with a public utility easement, recorded as Instrument No. 2015000363257. 3. Three other public easements exist on-site as depicted on the Tentative Parcel Map and will remain unaffected. 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. 03-08-2016 Zoning Administrator Resolution No. ZA2016-020 Page 5 of 7 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 Finding: 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 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. Existing 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: 1. 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 existing office parking structure and new multi-family residential development under construction are consistent with the North Newport Center Planned Community (PC-56), Sub-Area San Joaquin Plaza. The site has a mixed-use General Plan designation which allows for residential uses. The Tentative Parcel Map will not affect the City in meeting its regional housing need. 03-06-2016 Zoning Administrator Resolution No. ZA2016-020 Page 6 of 7 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 comply with the Regional Water Quality Control Board (RWQCB) requirements and the Tentative Parcel Map does not change this compliance. 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 project 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. NP2016-003, 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 of Community Development in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF APRIL, 2016. re d Wisneski, Al P, Zoning Administrator 03-08-2016 Zoning Administrator Resolution No. ZA2016-020 Page 7 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 1. 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 Villas Fashion Island Tentative Parcel Map including, but not limited to, Tentative Parcel Map No. NP2016-003 (PA2015-220). 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 Department 2. The Parcel Map shall be recorded. The Parcel 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 Parcel Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 3. 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 Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Sub article 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. 4. Prior to recordation of the Parcel Map, the map shall be revised such that the proposed pedestrian easement along a portion of the San Joaquin Hills Road frontage is included to the satisfaction of the Public Works Department. 5. All improvements shall be constructed as required by Ordinance and the Public Works Department. 03-08-2016