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HomeMy WebLinkAboutZA2024-006 - APPROVING A TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT FOR A TWO-UNIT RESIDENTIAL CONDOMINIUM MAP FOR THE PROPERTY LOCATED AT 407 AND 407 ½ HELIOTROPE AVENUE (PA2023-0117) RESOLUTION NO. ZA2024-006 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING A TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT FOR A TWO-UNIT RESIDENTIAL CONDOMINIUM MAP FOR THE PROPERTY LOCATED AT 407 AND 407 ½ HELIOTROPE AVENUE (PA2023-0117) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Sheila Wright of Toal Engineering (“Applicant”), concerning property located at 407 and 407 ½ Heliotrope Avenue, which is legally described in Exhibit “A,” which is attached hereto and incorporated herein by reference (“Property”). 2. The Applicant proposes a tentative parcel map for condominium purposes. The property owner proposes to demolish an existing residential duplex and construct a new two-unit residential condominium building with a footprint consistent with the proposed map. 3. The Property is designated Two Unit Residential (RT) by the General Plan Land Use Element and is located within the Two-Unit Residential (R-2) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Two Unit Residential (20.0-29.9 DU/AC) (RT-D) and it is located within the Two-Unit Residential (R-2) Coastal Zone District. 5. A public hearing was held on February 15, 2024, online via Zoom. A notice of the time, place, and purpose of the hearing was given by the Newport Beach Municipal Code (NBMC). 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 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, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 15 exemption 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 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%. The Project is for a two-unit condominium subdivision and will conform to all development standards, and therefore, is consistent with and eligible for the Class 15 Exemption. Zoning Administrator Resolution No. ZA2024-006 Page 2 of 12 SECTION 3. REQUIRED FINDINGS. Tentative Parcel Map In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the Newport Beach Municipal Code (NBMC), the following findings, and facts in support of such findings, are set forth: 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 condominium purposes. The Property is currently developed with a residential duplex on one lot. The property owner proposes to demolish an existing residential duplex and construct a new two-unit residential condominium building. The condominium map will allow for the separate sale of each unit in the future. The proposed subdivision and improvements are consistent with density of the R-2 Zoning District and the Two Unit Residential (RT) General Plan Land Use designation. 2. The Property 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. The Property is physically suitable for attached residential dwellings, as it is regular in shape and size with access to both Heliotrope Avenue and the alley in the rear. The Property is currently developed with a residential duplex which the owner proposes to demolish and redevelop with an attached, two-unit residential condominium. 2. The Property is accessible by pedestrians from Heliotrope Avenue at the front property line and the alley abutting the rear property line. Vehicular access is available from the alley only. 3. The Property is adequately served by existing utilities, including electrical, water, and sewer. Per Conditions No. 16 and 18, separate utility connections shall be required for each condominium unit in the future, including fire sprinkler lines. Zoning Administrator Resolution No. ZA2024-006 Page 3 of 12 4. There is no proposed change in density. The Property is currently developed with two residential units and will have the ability to be redeveloped with two residential units, resulting in no net loss of residential dwelling units. 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 Property is located within a developed residential neighborhood that does not contain any sensitive vegetation or habitat on-site. 2. 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. 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 residential 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 Applicant 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. The Project shall comply with all ordinances of the City and all Conditions of Approval. 2. The Project has been conditioned to require public improvements, including the reconstruction of sidewalks, curbs, and gutters along the Heliotrope Avenue frontage and alley, as needed. Existing private improvements (brick pavers) within the Heliotrope Avenue right-of-way must be removed and new landscaping installed. The existing street tree in the Heliotrope Avenue public right-of-way is to be protected in place. The utilities will be undergrounded, consistent with Title 19 (Subdivisions) of the Newport Beach Municipal Code. Zoning Administrator Resolution No. ZA2024-006 Page 4 of 12 Finding: E. 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 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 the 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 tentative 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. 2. Public improvements, including but not limited to utilities, sidewalks, and landscaping, will be required to be completed by the Applicant or property owner per the Municipal Code and the Subdivision Map Act. Finding: F. The 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 Property is not designated as an agricultural preserve and is less than 100 acres in area. 2. The Property is developed for residential use and lies in the R-2 Zoning District, which permits residential uses. Finding: G. 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. Zoning Administrator Resolution No. ZA2024-006 Page 5 of 12 Facts in Support of Finding: 1. The 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. 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 which 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: I. 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 residential condominium project is consistent with the R-2 Zoning District, which allows up to two (2) residential units on the Property. Therefore, the tentative parcel map for residential condominium purposes will not affect the City in meeting its regional housing needs. 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 Project wastewater is designed to discharge into the existing sewer system and complies with the Regional Water Quality Control Board (RWQCB) requirements. Zoning Administrator Resolution No. ZA2024-006 Page 6 of 12 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 (3) of the Coastal Act. Fact in Support of Finding: 1. The Property is located within the coastal zone and a CDP is therefore requested in conjunction with the proposed tentative parcel map. The project complies with the certified Local Coastal Program (LCP) and public access and recreation policies of Chapter 3 of the Coastal Act. The Facts in Support of Findings L and M for the coastal development permit (below) are hereby incorporated by reference. Coastal Development Permit In accordance with Section 21.52.015 (F) (Coastal Development Permits, Findings, and Decision) of the NBMC, the following findings, and facts in support of such findings, are set forth: Finding: L. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Project is for a tentative parcel map for two-unit residential condominium purposes. The proposed subdivision and improvements are consistent with the density of the R-2 Coastal Zoning District. 2. The neighborhood is predominantly developed with two- and three-story, single- and two-unit residences. The proposed subdivision, which will allow for a two-unit residential condominium, is consistent with the existing neighborhood pattern of development. 3. The Property is in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved before the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC before building permit issuance. 4. The Property is not located adjacent to a coastal view road, public access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoints are along the shoreline adjacent to the harbor entrance and are not visible from the site. The site is located near Bayside Park, which is accessible to the public and provides access to a viewpoint to the bay at Begonia Park to the west. As currently developed, the Property and other residences along the 400-block of Heliotrope Avenue are not located within the Zoning Administrator Resolution No. ZA2024-006 Page 7 of 12 view shed of the park. However, the proposed residential condominium complies with all applicable Local Coastal Program (LCP) development standards and maintains a development potential consistent with the existing neighborhood pattern. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. Finding: M. 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. Facts in Support of Finding: 1. The project site is not located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the Project proposes a two-unit residential condominium map on a property currently developed with a residential duplex. Therefore, the project does not involve a change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities. Furthermore, future site development shall be required to comply with applicable development standards sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. The Property is over 1,400 feet away from the nearest shoreline. Approval of the proposed tentative parcel map will not affect public recreation, access, or views as future development shall be located within the boundaries of the existing lot. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act under Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Tentative Parcel Map and Coastal Development Permit (PA2023-0117), subject to the conditions outlined in Exhibit “B,” which is attached hereto and incorporated by reference. 3. 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 Program [LCP] Implementation Plan) of the Newport Beach Municipal Code. The project Zoning Administrator Resolution No. ZA2024-006 Page 8 of 12 site is not located within the appeal area of the coastal zone; therefore, final action by the City may not be appealed to the California Coastal Commission. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF FEBRUARY, 2024. _____________________________________ Benjamin M. Zdeba, AICP, Zoning Administrator Zoning Administrator Resolution No. ZA2024-006 Page 9 of 12 EXHIBIT “A” LEGAL DESCRIPTION APN: 459-172-14 Real property in the City of Newport Beach, County of Orange, State of California, described as follows: THE SOUTHWESTERLY 12 FEET OF LOT 9 AND THE NORTHEASTERLY 28 FEET OF LOT 7, BLOCK 334 OF CORONA DEL MAR AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGES 41 AND 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 10, 2014 AS INSTRUMENT NO. 14-534110 OF OFFICIAL RECORDS. Zoning Administrator Resolution No. ZA2024-006 Page 10 of 12 EXHIBIT “B” CONDITIONS OF APPROVAL Planning Division 1. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 2. Prior to recordation of the final parcel map, the existing residential duplex shall be demolished to avoid conflict between the footprint of the existing building and the parcel map property lines. 3. Approval of this project does not constitute approval or implied approval for any future property development permits, including but not limited to demolition permits, coastal development permits, grading permits, or building permits. 4. The Applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be cause for revocation of this approval. 5. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 19 Subdivisions and Title 21 of the NBMC. 6. 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 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 Hohberg Residential Condominiums including, but not limited to Tentative Parcel Map and Coastal Development Permit (PA2023-0117). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s 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 the City's costs, attorneys' fees, and damages, which the 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 7. Prior to the final inspection of the building permit for new construction, 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 Zoning Administrator Resolution No. ZA2024-006 Page 11 of 12 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. 8. 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. 9. After the recordation of the Parcel Map and prior to the building permit final, 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 description change permit is final. 10. All improvements shall be constructed as required by Ordinance and the Public Works Department. 11. An encroachment permit is required for all work activities within the public right-of-way. 12. All damaged sidewalk panels, curb, gutter, sidewalk, and street along the Heliotrope Avenue frontage and any damaged concrete alley panels along the alley property frontage shall be reconstructed as determined by the Public Works Department. 13. Prior to the recordation of the parcel map, all existing overhead utilities shall be undergrounded. 14. Existing brick pavers within the parkway on Heliotrope Avenue shall be removed and replaced with landscaping. 15. The existing street tree within the parkway of Heliotrope Avenue shall be protected-in- place. 16. Each unit shall be served by its individual water service/meter and sewer lateral/cleanout. Each water meter and sewer cleanout shall be installed with a traffic-grade box and cover. 17. 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. Zoning Administrator Resolution No. ZA2024-006 Page 12 of 12 Building Division 18. Prior to the recordation of the parcel map, separate utilities shall be provided for each unit, including fire sprinklers. Fire Department 19. NFPA 13D fire sprinkler system shall be required for this Project. 20. Each unit shall have their own dedicated water meter for the fire sprinkler system.