HomeMy WebLinkAbout09_Flood Residential Condominiums_PA2018-199
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 15, 2018
Agenda Item No. 9
SUBJECT: Flood Residential Condominiums (PA2018-199)
Coastal Development Permit No. CD2018-082
Tentative Parcel Map No. NP2018-030
County Tentative Parcel Map No. 2018-174
SITE LOCATION: 3920 and 3940 Seashore Drive
APPLICANT: Forkert Engineering & Surveying, Inc.
OWNER: Flood Family Trust
PLANNER: Chelsea Crager, Associate Planner
949-644-3227, ccrager@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
Coastal Land Use Category: RT-E (Two Unit Residential – (30.0-39.9 DU/AC))
Coastal Zoning District: R-2 (Two-Unit Residential)
General Plan: RT (Two-Unit Residential)
Zoning District : R-2 (Two-Unit Residential)
PROJECT SUMMARY
The applicant requests approval of a coastal development permit (CDP) and tentative parcel
map. The Tentative Parcel Map would allow each unit to be sold individually. No waivers of
Title 19 (Subdivisions) are proposed. The Tentative Parcel Map also requires approval of a
Coastal Development Permit pursuant to Title 21 Local Coastal Program Implementation
Plan in the Newport Beach Municipal Code (NBMC). The demolition of the existing duplex
and construction of the new duplex are allowed without approval of a CDP pursuant to
Catagorcial Exclusion Order No. 2018086.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15315 under Class 15 (Minor Land Divisions) of the CEQA
Guidelines, because it has no potential to have a significant effect on the
environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2018-082 and Tentative Parcel Map No. NP2018-030 (Attachment No.
ZA 1).
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Flood Residential Condominiums
Zoning Administrator, November 15, 2018
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DISCUSSION
The Tentative Parcel Map is for two-unit residential condominium purposes. An
existing duplex will be demolished and a new duplex will be constructed. The
demolition of the existing duplex and construction of the new duplex are allowed
without approval of a CDP pursuant to Catagorcial Exclusion Order No. 2018086.
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).
The subject property is within a developed neighborhood and is located
approximately 130 feet from the beach. The subject property is not located near or
adjacent to any natural landforms including coastal bluffs, and is not within the
proximity of any environmentally sensitive areas.
The new residential duplex will be required to provide access to the required off-
street parking via an alley in the rear of the property. Thus, no on-street parking
would be lost.
The project site is not located between the nearest public road and the sea or
shoreline; the project will not affect the public’s ability to gain access to, use, and/or
view the coast and nearby recreational facilities.
The project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the 39th Street and Seashore
Drive frontages, as needed, as well as the undergrounding of utilities, consistent
with the Subdivision Code (Title 19).
The future residential building will be designed to have wastewater discharge into
the existing sewer system and complies with the Regional Water Quality Control
Board (RWQCB) requirements.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant
effect on the environment.
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, no variances or exceptions are required,
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Flood Residential Condominiums
Zoning Administrator, November 15, 2018
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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. The proposed parcels are consistent with the
land use and zoning designations, does not have a slope greater than 20 percent, and
was not involved in the division of a larger parcel within two years. Therefore, the propose
parcel map is eligible for the Class 15 exemption.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
Chelsea’s signature!
GBR/cc
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 County Tentative Parcel Map No. 2018-174
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Attachment No. ZA 1
Draft Resolution
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05-15-2018
RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2018-082 AND TENTATIVE
PARCEL MAP NO. NP2018-030 FOR TWO-UNIT CONDOMINIUM
PURPOSES LOCATED AT 3920 AND 3940 SEASHORE DRIVE
(PA2018-199)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Forkert Engineering & Surveying, Inc. (Applicant), on behalf
of Flood Family Trust (Owner) with respect to property located at 3920 and 3940 Seashore
Drive, requesting approval of a coastal development permit and tentative parcel map.
2. The property is legally described as Lot 32 of Tract 3813 in Newport Beach.
3. The applicant proposes a tentative parcel map and associated coastal development permit
for condominium purposes. No waivers of development standards are requested. An
existing duplex will be demolished and a new duplex will be constructed. No waivers of
Title 19 (Subdivisions) are proposed. The Tentative Parcel Map would allow each unit to
be sold individually. The Tentative Parcel Map also requires the approval of a Coastal
Development Permit pursuant to Title 21 Local Coastal Program Implementation Plan in
the Municipal Code. The demolition of the existing duplex and construction of the new
duplex are allowed without approval of a CDP pursuant to Catagorcial Exclusion Order No.
2018086.
4. The subject property is designated RT (Two-Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two-Unit Residential) Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-E (Two Unit Residential – (30.0-39.9 DU/AC)) and it is located within the
R-2 (Two-Unit Residential) Coastal Zone District.
6. A public hearing was held on November 15, 2018, in the Corona del Mar Conference
Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place
and purpose of the hearing 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 hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is 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 (CEQA) under Class 15 (Minor Land Divisions),
because it has no potential to have a significant effect on the environment.
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2. 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, no variances or exceptions are
required, 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. The proposed parcels are
consistent with the land use and zoning designations , does not have a slope greater
than 20 percent, and was not involved in the division of a larger parcel within two years.
Therefore, the proposed parcel map is eligible for 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 21 (Local Coastal Program Implementation Plan) of the
Newport Beach Municipal Code and approves the Coastal Development Permit based on the
following findings per Section 21.52.015 F of Title 21:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The tentative parcel map meets all of the requirements of the Local Coastal Program,
including the provisions contained within Section 21.30.025 Coastal Subdivisions.
2. The subject property is within a developed neighborhood and is located approximately
130 feet from the beach. The subject property is not located near or adjacent to any
natural landforms including coastal bluffs, and is not within the proximity of any
environmentally sensitive areas.
3. The future residential duplex will be required to provide access to the required off-
street parking via an alley in the rear of the property. Thus, no on-street parking would
be lost.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone .
Fact in Support of Finding:
1. The project site is not located between the nearest public road and the sea or shoreline;
the project will not affect the public’s ability to gain access to, use, and/or view the coast
and nearby recreational facilities.
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The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of Title 20 (Planning and Zoning) 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 two-unit residential condominium purposes. An
existing residential duplex will be demolished and new residential duplex will be
constructed. 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 subject property is not located within a specific plan area.
3. The project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the 39th Street and Seashore
Drive frontages, as needed, as well as the undergrounding of utilities, consistent with
the Subdivision Code (Title 19).
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The lot is physically suitable for a two-unit development because it is regular in
shape.
2. The subject property is accessible from 39th Street, Seashore Drive and the alley in
the rear, and is 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 b ody 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
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considerations make infeasible the mitigation measures or project alternatives identified
in the environmental impact report.
Facts in Support of Finding:
1. An existing residential duplex will be demolished and a new residential duplex will
be constructed.
2. The property is located in an urbanized area that does not contain any sensitive
vegetation or habitat on-site.
3. The project is categorically exempt under Section and 15315 (Article 19 of Chapter
3), of the California Environmental Quality Act (CEQA) Guidelines – Class 15 (Minor
Land Alterations).
Finding:
D. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Fact in Support of Finding:
1. The Tentative Parcel Map is for condominium purposes. All improvements
associated with the project will comply with all 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 (General
Improvement Requirements) of the Municipal Code and Section 66411 (Local
agencies to regulate and control design of subdivisions) 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 Public Works department has reviewed the proposed parcel map and
determined that the design of the development will not conflict with easements
acquired by the public at large, for access through, or use of property within the
proposed development because no public easements are located on the property.
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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.
2. The site, developed for residential use, lies in a zoning district that permits residential
uses.
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.
1. California Business and Professions Code Section 11000.5 has been repealed
by the Legislature. However, this Project site is not considered a “land project” as
previously defined in Section 11000.5 of the California Business and Professions
Code because the Project site does not contain 50 or more parcels of land.
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.
Fact in Support of Finding:
1. The Tentative Parcel Map 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.
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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.
Fact in Support of Finding:
1. The proposed two-unit dwelling is consistent with the R-2 Zoning District, which allows
two residential units on the property. Therefore, the Tentative Parcel Map for
condominium purposes will not affect the City in meeting its regional housing need.
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.
Fact in Support of Finding:
1. The future residential building will be designed to have wastewater discharge into
the existing sewer system complies with the Regional Water Qual ity 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 applicable, with public
access and recreation policies of Chapter Three of the Coastal Act.
Fact in Support of Finding:
1. The subject property is within the Coastal Zone. The facts in support of findings A and
B above are hereby incorporated by reference.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2018-082 and Tentative Parcel Map No. NP2018-030,
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 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
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Community Development Director in accordance with the provisions of Title 19
(Subdivisions) and Title 21 Local Coastal Implementation Plan, of the Newport Beach
Municipal Code. Final action taken by the City may be appealed to the Coastal
Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title
14 California Code of Regulations, Sections 13111 through 13120, and Section 30603
of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF NOVEMBER, 2018.
__________________________________
Patrick J. Alford, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning
1. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. Subsequent to the recordation of the Parcel Map , the applicant shall apply for a
building permit for a description change of the subject project development from
“duplex” to “condominium”. The development will not be condominiums until this permit
is final. The building permit for the new construction shall not be final until after
recordation of the parcel map.
3. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Coastal
Development Permit.
4. This Coastal Development Permit No. CD2018-082 and Tentative Parcel Map No.
NP2018-030 shall expire unless exercised within 24 months from the date of approval as
specified in Section 21.54.060 (Time Limits and Extensions) of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
5. 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 Flood Residential Condominiums including, but not limited to, Coastal
Development Permit No. CD018-082 and Tentative Parcel Map No. NP2018-030
(PA2018-199). 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
6. A Parcel Map shall be recorded. The map shall be prepared on the California coordinate
system (North American Datum of 1983, 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 -9-330
and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivisions
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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.
7. 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.
8. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
9. Reconstruct all damaged sidewalk panels, curb, gutter, and street along the 39th Street
and Seashore Drive property frontages and any damaged concrete alley panels along
the alley property frontage as determined by the Public Works Department.
10. All existing overhead utilities shall be undergrounded.
11. All above ground improvements shall stay a minimum 5 -feet clear of the alley setback.
12. Each unit shall be served by its individual water meter and sewer lateral and cleanout.
Each water meter and sewer cleanout shall be installed with a traffic -grade box and
cover.
13. An encroachment permit is required for all work activities within the public right -of-way.
14. All improvements shall comply with the City’s sight distance requirement. See City
Standard 110-L.
15. In case of damage done to public improvements surrounding the development site by
private construction, additional reconstruction within the public Right-of-way could be
required at the discretion of the Public Works Inspector.
16. Dedicate a 10-foot radius corner cut-off for street and sidewalk purposes to the City at
the corner of 39th Street and Seashore Drive.
17. Install a new accessible curb ramp at the corner of 39th Street and Seashore Drive.
18. Remove any private improvements within the public right of way.
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Attachment No. ZA 2
Vicinity Map
14
VICINITY MAP
Coastal Development Permit No. CD2018-082
Tentative Parcel Map No. NP2018-030
PA2018-199
3920 and 3940 Seashore Drive
Subject Property
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Attachment No. ZA 3
County Tentative Parcel Map No. 2018-174
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