CITY OF LAGUNA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT

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1 CITY OF LAGUNA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT AGENDA ITEM: No. 10 DATE: TO: 1 PLANNING CONIMISSION CASE: APPLICANT: LOCATION: ENVIRONMENTAL STATUS: PREPARED BY: Tentative Parcel Map and Coastal Development Permit Aaron Talarico (949) Fern Street (APN ) Categorical Exemption (Minor Land Divisions) Scott Drapkin, Senior Planner (949) REQUESTED ACTION: The applicant is requesting approval of Tentative Parcel Map and Coastal Development Permit to subdivide an existing building site for the purpose of creating two airspace residential condominium units. BACKGROUND: The proposed site is located within the R-2, Residential Medium Density Zoning District and has a General PlanILand Use designation of Village Medium Density (8-12 dwelling units per acre). The project site is an existing building site that is currently developed with a legal non-conforming single-family residence. (The property is not developed with the required two covered parking spaces.) Access to Fern Street is from Glenneyre Street, as Fern Street is not improved through to Coast Highway. (Only the subject property currently utilizes this segment of Fern Street for required vehicular access.) The property is located between an R- 2, Residential Medium Density property to the north (2315 Glenneyre Street) and an R-3, Residential High Density property to the south (2324 South Coast Highway). The property is influenced by a significant watercourse in the rear yard. The applicant has submitted design plans and completed Zoning Plan check for the proposed condominium duplex, associated site development and landscaping. The proposed design of the development, parking and required access has been determined to be consistent with the City's Municipal Code and will be subject to further consideration by the Design Review Board. (See the attached site plan and elevations for details of the proposed improvements, attached as Exhibit B.) The Fire Department has also reviewed the proposed development and has determined that the proposed design is consistent with required emergency access, turnaround, and fire hydrant spacing and flow. The Fire Department has required a new fire hydrant on Fern Street with the proposed development.

2 Tentative Parcel Map S. Coastal Development Permit December 10,2008 Page 2 The applicant must obtain Planning Commission and City Council approval of the proposed subdivision prior to design review of the structure and site improvements. STAFF ANALYSIS: The R-2 Zoning District requires a minimum of 2,000 square feet of net lot area for each dwelling unit, guest house or guest room. The General Plan Village Medium Density Land Use District requires that the property contain a minimum density of 8-12 dwelling units per acre (or 3,630 square feet of lot area per unit). The proposed two-unit subdivision on a 7,500 square-foot lot complies with the minimum Village Medium Density and the R-2, Zoning District density requirements. Pursuant to Municipal Code Section 25.12, the minimum allowable lot size in the R-2, Residential Medium Density Zoning District is 6,000 square feet in lot area, 70 feet in lot width and 80 feet in lot depth. The subject parcel is rectangular in shape and is 50 feet in width, 150 feet in depth and 7,500 square feet in lot area. As previously confirmed by the City Attorney, because the project is a condominium air space subdivison, with the exception of density, the proposed subdivision is not required to conform with the minimum lot Development Standards of the R-2 Zoning District. Street Improvements - Pursuant to the City's Municipal Code, the proposed development is required to improve a 10-foot wide travel lane (adjacent to the property) and an 8' x 22' on-street parking space in conjunction with the proposed property redevelopment. Because Fern Street, at this location, is less than the required Fire Department emergency access lane width, the applicant is also responsible to improve Fern Street with a minimum 20-foot pavement width, from the subject property, to the intersection of Glenneyre Street. In order to achieve the minimum required 20-foot pavement width, the applicant's engineer indicates that the development requires approximately 60 lineal feet of retaining wall in the public right-of-way. The retaining wall is proposed a maximum height of six feet and is subject to Design Review Board approval. Because this location of Fern Street (including the frontage and from the subject property to Glenneyre Street) only serves the subject property, the City Engineer has requested that this portion of Fern Street be privately maintained. Geotechnical Review - A preliminary geotechnical report has been prepared for the project and peer-reviewed by the City's geotechnical consultant. The study evaluated regional and local geologic conditions and potential seismic and liquefaction impacts. The conclusion of the study is that the site could be developed safely under specific engineering conditions and recommendations as indicated in the geotechnical evaluation. Subdivision Compliance - The application requirements for a Tentative Parcel Map are contained in Chapter of the Laguna Beach Municipal Code and the California Subdivision Map Act. Staff has reviewed the proposed Tentative Parcel Map and has found: 1. The proposed map is consistent with the Laguna Beach General Plan in that the proposed residential use and density of development meet the minimum standards.

3 Tentative Parcel Map & Coastal Development Permit December 10,2008 Page 3 2. The design and improvement of the proposed subdivision are consistent with the Laguna Beach General Plan in that the proposed design provides sufficient lot area and street access for property development. 3. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 4. The proposed map complies with the requirements of the Subdivision Map Act and the Laguna Beach Subdivision Ordinance. 5. All applicable provisions of the Laguna Beach Municipal Code pertaining to subdivisions have been satisfied or will be satisfied with the entitlement process. 6. The creation of two new condominium units will not displace low and/or moderateincome families or tenants. CALIFORNIA ENVIRONMENTAL QUALITY ACT: Pursuant to Categorical Exemption Section of the California Environmental Quality Act (CEQA), minor land divisions are exempt from the provisions of CEQA, when the project consists of four or fewer parcels located in urbanized areas zoned for residential, commercial, or industrial uses and the subdivision is in conformance with the General Plan and Zoning Code. Under this exemption, the subdivision cannot include any variances or exceptions, all services and access to the proposed parcels must be to local standards and are available, the parcel cannot have been involved in a division of a larger parcel within the previous two years and the parcel cannot have an average slope greater than 20 percent. The subject project is consistent with the aforementioned requirements; therefore, staff is recommending the project be categorically exempted from CEQA. COASTAL DEVELOPMENT PERMIT: Pursuant to the California Coastal Act, the proposed subdivision constitutes development and therefore requires the issuance of a Coastal Development Permit. The criteria and findings for granting a Coastal Development Permit are outlined below: (1) The project is in conformity with all the applicable provisions of the general plan, including the certified local coastal program and any applicable specijic plans. The proposed parcel map is in conformity with all applicable provisions of the City's General Plan. (2) Any development located between the sea and the first public road paralleling the sea is in conformity with the certzjied local coastal program and with the public access and public recreation policies of Chapter 23 of the California Coastal Act. The proposed project is not located between the sea and the first public road paralleling the sea. (3) The proposed development will not have any signflcant adverse impacts on the environment within the meaning of the California Environmental Quality Act. For the purposes of CEQA, staff is recommending a Categorical Exemption for the project.

4 Tentative Parcel Map & Coastal Development Permit December 10,2008 Page 4 CONCLUSION: The proposed subdivision is consistent with the Subdivision Map Act, Coastal Development Permit requirements, the Laguna Beach General Plan and Municipal Code and CEQA. In addition, the project has been reviewed for zoning compliance and staff has determined that the proposed structure design and setbacks comply with the minimum R-2, Residential Medium Density Zoning District development standards. The structure will also require further aesthetic consideration by the Design Review Board for neighborhood compatibility. RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council approval of the Tentative Parcel Map and Coastal Development Permit ATTACHMENTS: Exhibit A: Application Exhibit B: Design Review Plans Exhibit C: Tentative Parcel Map Exhibit D: Location Map Resolution

! CITY OF LAGUNA BEACH DEPARTMENT OF COMMUNllY DEVELOPMENT 505 FOREST AVENUt LAGUNA BEACH CALIFORNIA 9 92651 1 I DEVELOPMENT REVIEW APPLICATION PROJECT LOCATIONIAD Please completely fill-in the

5 ! CITY OF LAGUNA BEACH DEPARTMENT OF COMMUNllY DEVELOPMENT 505 FOREST AVENUt LAGUNA BEACH CALIFORNIA I DEVELOPMENT REVIEW APPLICATION PROJECT LOCATIONIAD Please completely fill-in the tophalf of side one. 5 T DRESS 208 f, ~ OWNER j?v?~;~,o rb 12 n.) ~ fl AGENT. ADDRESS 280 Fern <- ADDRESS I CELL PHONE NO. CELL PHONE NO. EMAlL ADDRESS ADDRESS VALUATION OF WORK $ LOT SIZE 3$?20 ASSESSOR'S PARCEL NO. & LEGAL DESCRIPTION / i-2-2 ~~0L-m in f (24 P/ Re /rnnobkqtm~ DESCRIBE IN DETAIL SCOP OF WORK 4. 7 ~ 4 6 ~ 5 w - ' 1 GRADING CUT + FILL AMOUNTS (OUTSIDE OF BUILDING FOOTPRINT) = CUBIC YARDS COASTAL DEV~OPMENT PERMIT Development Category: - 0-r, '

6 OWNER'S CERTIFICATE 1. There are no assurances at any time, implicitly or otherwise, regarding final staff recorr~mendations to the decision-making body about this application. 2. Major changes to the project may require a new application and payment of additional or new fees. 3. If *this application is approved, the faili~re to abide by and faithfully comply with any and all conditions attached to the approval action shall constitute grounds for the revocation of said approving action by the approving authority hereby certify that to the best of my knowledge the information 1 have presented in this form and the accompanying materials is true and correct. I also understand that additional data and information may be required prior to final action on this application. I have read and understand the content contained in this certificate understand that it is the responsibility of the property owner to ensure that discrepancies do not exist between the project's description on the permit, the architectural plans and the structural plans. If discrepancies exist between the architectural plans and the structural plans, the architectural plans shall take precedence. Llhimately, the scope of work, as described on the permit that is authorizing the construction, takes precedence over the plans. If there is a discrepancy between the plans and the description on the permit, the permit governs am the record owner of the property described in this application, and hereby consent to the filing of the application., 4r /./ J Signature of Owner 30/0 7 Date AUTHORIZATION OF AGENT I' 1 am the record owner of the property described in this application and hereby designate and authorize the agent as shown on the reverse of this form to act on my behalf in all matters pertaining to processing this application through the City of Laguna ~ea6h. - Signature of Owner Date-.. -P

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20 GREGG ABEL DESIGN 855 LA VISTA LAGUNA BEACH, CA (949) FIXED DATUM CENTER OF SEWER MANHOLE NOTE: POLES SHALL BE MARKED WITH STRING OR RIBBON TO SHOW THE BUILDING OUTLINE. 200 FERN STREET LAGUNA BEACH 511 4/08 1 STAKING PLAN 111 6" = 1 '-o~~

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25 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT AT 200 FERN STREET. WHEREAS, an application has been filed by the owner of property located at 200 Fern Street, requesting approval of Tentative Parcel Map and Coastal Development Permit to subdivide a 7,500 square-foot lot, located in the R-2 Residential Medium Density Zone and the Village Medium Density General PlanILand Use District, for the purpose of creating two attached residential condominium units in accordance with the provisions of the Municipal Code; WHEREAS, pursuant to Categorical Exemption (Minor Land Divisions) of the California Environmental Quality Act (CEQA), the project is exempt from the requirements of CEQA; WHEREAS, on December 10, 2008, the Planning Commission conducted a legally noticed public hearing and, after reviewing all documents and testimony, voted to recommend to the City Council approval of Tentative Parcel Map and Coastal Development Permit 08-56; WHEREAS, on, the City Council conducted a legally noticed public hearings and, after reviewing all documents and testimony, desires to approve Tentative Parcel Map and Coastal Development Permit 08-56; and WHEREAS, the proposed condominium subdivision is consistent with the criteria of the Certified Local Coastal Program Section (F)(l -9); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH does RESOLVE and ORDER as follows:

26 Tentative Parcel Map Coastal Development Permit Date 1. The proposed map is consistent with the Laguna Beach General Plan in that the proposed residential use and density of development meet the minimum standards. 2. The design and improvement of the proposed subdivision are consistent with the Laguna Beach General Plan in that the design provides sufficient lot area and street access for property development. 3. The site is physically suitable for the proposed density of development in that the project is within the standards specified in the Laguna Beach Zoning Ordinance. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat since the proposed subdivision is consistent with the prescribed density indicated by the General Plan and is redevelopment of an exiting developed property. 5. The design of the subdivision and the type of improvements are not likely to cause serious public health problems since the proposed development is consistent with the City's General Plan. 6. The design of the subdivision and the type of improvements will not conflict with any easements acquired by the public at large and which are recorded or established by judgment of a court of competent jurisdiction. 7. The proposed map meets the requirements of the Subdivision Map Act and the Laguna Beach Subdivision Ordinance, and has been reviewed as being consistent with those requirements.

27 Tentative Parcel Map Coastal Development Permit Date 8. All provisions of the Laguna Beach Municipal Code pertaining to subdivisions are met. 9. The creation of two new condominium units will not displace low andlor moderateincome families or tenants. 10. The Parcel Map, as conditioned, is in conformity with all applicable provisions of the City's various General Plan Elements. 11. The proposed project is not located between the sea and the first public road paralleling the sea. 12. The proposed project is categorically exempt from the requirements of CEQA and will therefore not cause any environmental impact. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH does further RESOLVE and ORDER as follows: Approval of Tentative Parcel Map and Coastal Development Permit subject to the following conditions: 1. Prior to the approval of the Final Map by the City, the subdivider shall demonstrate that no dwelling unit in the subdivision shall be sold unless a homeowner's association or other legal arrangement approved by the City has been formed with the right to access all areas of the property that are jointly owned or benefited and to operate and maintain all of the mutually available features of the development. 2. Prior to the approval of the Final Map by the City, the subdivider shall demonstrate that all public utilities to serve the subdivision shall be designed and constructed in accordance

28 Tentative Parcel Map Coastal Development Permit Date with City Codes and standards and the requirements of the serving utility company, including I gas, electric, telephone, water, sewer, drainage and cable television. 3. The proposed subdivision and associated improvements shall not conflict with any existing public easements. 4. Within 24 months of the approval of the Tentative Parcel Map, or as otherwise provided by the law, a Final Map based upon a field survey shall be submitted, and deemed complete for review and approval. An incomplete or inaccurate Final Map shall not be deemed submitted pursuant to the Subdivision Map Act. Prior to the recordation of the Final Map, the surveyorlengineer preparing the map shall tie the boundary of the map in the Horizontal Control System established by the County Surveyor as described in Sections and of the Orange County Subdivision Code and Orange County Subdivision Manual, Sub-article 18, as may be amended. The surveyorlengineer shall also provide the City with a representation of the Final Map in digital DXF format and GIs Shapefile Format that is positioned in the NAD83 coordinate system for this local area. 5. The landownerlsubdivider shall defend, hold harmless and indemnify, at hislherlits expense, the City, City Council and members thereof, commissions, boards, officials, officers, employees, agents and representatives from any and all third party claims, actions or proceedings to the attack, set aside, void or annul and approval of this Tentative Parcel Map, which action is brought within the time period provided for in California Government Code Section , as same may be amended. This obligation shall encompass all costs and expenses incurred by the

29 Tentative Parcel Map Coastal Development Permit Date City in defending against any claim, action or proceeding, as well as costs or damages the City may be required by a court to pay as a result of such claim, action or proceeding. The City shall notify the landowner/developer in the defense of any claim, action or proceeding within a timely manner of receipt the same. 6. Prior to the approval of the Final Map by the City, the subdivider shall pay a park and recreation fee as required by Municipal Code Section Prior to the approval of the Final Map by the City, the subdivider shall pay a drainage fee for the Central Local Drainage Area. This fee shall conform to the required adjustments of the Engineering News Record Construction Cost Index at the time the Parcel Map is approved. 8. Prior to the approval of the Final Map by the City, a deed restriction acknowledging the potential fire, erosion, landslide, mudslide, earthquake and flooding hazards of the site and waiving liability claims against the City shall be filed and recorded with the Orange County Clerk and Recorder. 9. Twenty four (24) months from the date the map is approved by the City Council, Tentative Parcel Map shall expire. A one (1) year extension of the conditional approval may be requested by written application to the Department of Community Development for processing, if filed prior to the approved subdivision expiration. 10. Prior to the final building permit for the proposed residences, the applicant shall install a Fire Hydrant on Fern street, pursuant to the approved Fire Department hydrant location.

30 Tentative Parcel Map Coastal Development Permit Date 11. Prior to the final building permit for the proposed residences, the applicant shall install a 20-foot wide Fire Department Emergency apparatus access lane from Glenneyre Street to the westerly end of the subject property. No parking shall be allowed within the fire lane and one "No Parking" sign shall be posted on both sides of Fern Street. 12. Prior to the final building permit for the proposed residences, the applicant shall install one 8' x 22' public on-street parking space on Fern Street. 13. The applicant shall be responsible for the improvement and future maintenance of the existing and proposed Fern Street from in front of the subject property to the intersection of Glenneyre Street. The maintenance shall also include any associated retaining walls. The street maintenance responsibility shall also be identified and recorded in the properties title reports and Homeowners AssociationlCC&Rs. ADOPTED this t he day of, Mayor ATTEST: City Clerk

31 Tentative Parcel Map Coastal Development Permit Date I, MARTHA ANDERSON, City Clerk of the City of Laguna Beach, California, do herebi certify that the foregoing Resolution No. was duly adopted at a Regular Meeting of the City Council of said City held on, by the following vote: AYES: NOES COUNCILMEMBER(S): COUIVCILMEN'IBER(S): City Clerk of the City of Laguna Beach, CA

1.0 REQUEST. SANTA BARBARA COUNTY ZONING ADMINISTRATOR Coastal Zone Staff Report for Vincent New Single-Family Dwelling & Septic System

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