	PARCEL MAP NO. NP2007-036 (PA2007-251)
	PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 (949) 644-3200 FAX (949) 644-3229

Application No.

Parcel Map No. NP2007-036 (PA2007-251)

County Parcel Map No. 2007-230

Applicant

Jack Herron

Site Address

2316 Pacific Drive

Legal Description

Corona Del Mar Lot 4 , Block 329

On January 28,2008, the Zoning Administrator approved the parcel map request for two-unit condominium purposes. The property is currently occupied by a single-family structure that will be demolished and replaced by a two-unit condominium project. Each unit will be provided the Zoning Code required two-car parking. No exceptions to the development standards of Title 19 are proposed with this project. The property is located in the R-2 District. The Zoning Administrator’s approval is based on the following findings and subject to the following conditions.

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 of Title 19:

1. The proposed parcel map is for condominium purposes. A previously existing single family residence will be demolished and be replaced by a new two-unit condominium structure. The existing density of the lot will be increased by one unit. The proposed subdivision and improvements are consistent with the density of the R-2 Zoning District and the current General Plan Land Use Designation “Two Unit Residential”.

2. The lot is irregular in shape, and has very little slope, and the site is suitable for development.

3. 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 5 (Minor Alterations in Land Use Limitations) and Class 15 (Minor Land Divisions).

4. The proposed parcel map is for residential condominium purposes. The construction of the proposed condominiums 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.

5. The design of the subdivision will not conflict with any easements acquired by the public-at-large for access through or use of the property within the proposed subdivision. Currently, there are no public easements located on the property.

6. The property is not subject to the Williamson Act since its use is not agricultural.

7. The property is not located within the boundaries of a specific plan and is not subject to any specific plan regulations.

8. The proposed subdivision 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.

9. The proposed subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 655584 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. No affordable housing units are being eliminated based upon the fact that the existing duplex is not occupied by low or moderate income households.

10. Wastewater discharge into the existing sewer system will remain the same and does not violate Regional Water Quality Control Board (RWQCB) requirements.

11. The proposed parcel map conforms to the certified Local Coastal Program since the site is located in a two-family residential development and is not developed with coastal-related uses, coastal-dependent uses or water-oriented recreational uses that would be displaced. Public access exists nearby making on-site vertical and lateral access unnecessary.

CONDITIONS

1. A parcel map shall be recorded. 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.

4. Existing street tree on Pacific Drive right-of-way shall be protected in place.

5. Five-foot rear property setback adjacent to the alley will need to be clear of all obstructions.

6. Pacific Drive is a part of the City’s Street Moratorium on Excavation List. Work performed on said roadways will require additional surfacing requirements. See City Standard 105-L-F.

7. All applicable Public Works Department plan check fees, park dedication fees, improvement bonds and inspection fees shall be paid prior to processing of the map by the Public Works Department.

8. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements.

9. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, 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 Department and the Public Works Department through an encroachment permit or agreement.

10. Each dwelling unit shall be served with an individual water service/meter and sewer lateral/cleanout. Each water meter and sewer cleanout shall be installed with a traffic-grade box and cover.

11. Each dwelling unit shall be served with individual gas and electrical service connection and shall maintain separate meters for the utilities.

12. 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.

13. 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.

14. Additional public works improvements, including street and alley reconstruction work may be required at the discretion of the Public Works Inspector.

15. In case of damage done to public improvements surrounding the development site by the private construction, the damaged public improvements shall be reconstructed and additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector.

16. All work conducted within the public right-of-way shall be approved under an encroachment permit issued by the Public Works Department.

17. An encroachment agreement shall be applied for and approved by the Public Works Department for all non-standard private improvements within the public right-of-way.

18. A City encroachment agreement will be required for any non-standard private improvements within the public right-of-way. All non-standard private improvements must comply with City Council Policy L-6, Private Encroachments in Public Rights-of-Way.

19. There is an existing concrete carriage walk in the Pacific Drive right-of-way that will require an encroachment agreement or be removed from the public-right-of-way.

20. Two-car parking, including one enclosed garage space, for each dwelling unit shall be provided on site per the requirements of the Zoning code. Each garage space shall remain clear of all obstructions for the parking of a vehicle at all times.

21. Each unit shall be served with one water meter installed per CNB STD 502-L and one wastewater clean out installed per CNB STD 406-L.

22. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements.

23. All vehicular access to the property shall be from the adjacent alley, unless otherwise approved by the City Council.

24. 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.

25. 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.

26. Coastal Commission approval shall be obtained prior to the recordation of the parcel map.

27. Prior to recordation of the parcel map, park dedication fees for one (1) dwelling unit shall be paid in accordance with Chapter 19.52 of the Newport Beach Municipal Code. This fee shall be paid at the time the map is submitted to the Public Works Department for plancheck.

28. Subsequent to recordation of the parcel map, the applicant shall apply for a building permit for 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.

29. 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.

Appeal Period

The decision of the Zoning Administrator may be appealed to or by the Planning Commission within 14 days of the decision date. A $600.00 filing fee shall accompany the appeal to Planning Commission upon submittal. Building permits will not be issued until the appeal period has expired.

By:

Zoning Administrator Javier S. Garcia, AICP

JSG:msg/rm

Attachments: Vicinity Map

Letter of Opposition: C. Stover, Pacific Drive

January 28, 2008 Modifications Hearing Sign-in Sheet

District Map #16

Land Use Plan

Appeared in Opposition: B. Yingling, Pacific Drive resident

B. Dawkins, Pacific Drive resident

A. Balderstron, Begonia Avenue resident

E. Balderston, Begonia Avenue resident