HomeMy WebLinkAboutZA2020-042 - APPROVING TENTATIVE PARCEL MAP NO. NP2020-005 AND COASTAL DEVELOPMENT PERMIT NO. CD2020-018 FOR TWO-UNIT CONDOMINIUM PURPOSES LOCATED AT 110 and 110 ½ 30th Street (PA2020-011)RESOLUTION NO. ZA2020-042
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP NO. NP2020-005 AND COASTAL
DEVELOPMENT PERMIT NO. CD2020-018 FOR TWO-UNIT
CONDOMINIUM PURPOSES LOCATED AT 110 and 110 ½ 30th
Street (PA2020-011)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by 110 30th Street, LLC (Applicant), with respect to property
located at 110 and 110 ½ 30th Street, and legally described as Northeasterly 15 feet of Lot
11 and the southwesterly 15 feet of Lot 12 in Block 29 of Newport Beach, County of Orange
requesting approval of a tentative parcel map and a coastal development permit for
condominium purposes.
2. The Applicant requests a coastal development permit and tentative parcel map for two-unit
condominium purposes. A two-unit dwelling has been demolished and a new duplex is
currently under construction. No waivers of Newport Beach Municipal Code (NBMC) 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 NBMC Title 21 (Local Coastal Program Implementation
Plan).
3. The subject property is located within the Two-Unit Residential (R-2) Zoning District and
the General Plan Land Use Element category is Two-Unit Residential (RT).
4. The subject property is also located within the coastal zone. The Coastal Land Use Plan
designation is Two-Unit Residential (30.0 – 39.9 DU/AC) (RT-D) and it is within the Two-
Unit Residential (R-2) Coastal Zoning District.
5. A public hearing was held on May 14, 2020, in the Council Chambers and via conference
call at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the
hearing was given in accordance with the 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 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.
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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 (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 years, and the parcel
does not have an average slope greater than 20 percent. The Tentative Parcel Map is
for condominium purposes and is consistent with all of the requirements of the Class 15
exemption.
SECTION 3. REQUIRED FINDINGS.
Coastal Development Permit
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of NBMC Title 21 (Local Coastal Program Implementation Plan) and
approves the coastal development permit based on the following findings per NBMC
Subsection 21.52.015(F):
Finding:
A. That the proposed map conforms to all applicable sections of the certified Local Coastal
Program.
Facts in Support of Finding:
1. The Tentative Parcel Map is for condominium purposes and meets all of the
requirements of the Local Coastal Program, including NBMC Section 21.30.025
(Coastal Zone Subdivisions).
2. The property is located in an area known for the potential of seismic activity a nd
liquefaction. All projects are required to comply with the California Building Code and
Building Division standards and policies. The new duplex construction was approved
and is currently under construction. This will be addressed as part of the review.
3. The Tentative Parcel Map is for a property within a developed residential
neighborhood. The subject property is approximately 160 feet from the West Ocean
Front boardwalk and beach, is separated by a row of existing residential
development and is within the Categorical Exclusion Area. The development of the
duplex was approved pursuant to the Categorical Exclusion Order (CEO2019073).
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is between the nearest public road and the sea or shoreline of any body of
water located within the coastal zone.
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Fact in Support of Finding:
1. The project is located between the nearest public road and the sea or shoreline.
NBMC Section 21.30A.040 (Determination of Public Access/Recreation Impacts)
requires that the provision of public access bear a reasonable relationship between
the requirement and the project’s impact and be pr oportional to the impact. In this
case, the project is a tentative parcel map for condominium purposes. A duplex has
been demolished and will be replaced with a new duplex meeting all condominium
standards. As such, the project does not involve a change in land use, density or
intensity that will result in increased demand on public access and recreation
opportunities.
Tentative Parcel Map
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of NBMC Title 20 (Planning and Zoning) and is approved based on
the following findings per NBMC Section 19.12.070 (Required Findings for Action on Tentative
Maps):
Finding:
C. That the proposed map and the design or improvements of the su bdivision 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. A duplex
has been demolished and a new duplex is under construction. The proposed
subdivision and improvements are consistent with the density of the R -2 Zoning
District and the RT General Plan Land Use Designation.
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 30th Street property
frontage consistent with NBMC Title 19 (Subdivision Code).
Finding:
D. 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 duplex development because it is rectangular in
shape, topographically flat, and under development with a new duplex.
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2. The subject property is accessible from the alley and is adequately served by existing
utilities.
Finding:
E. 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 Se ction 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. A duplex has been demolished and a new duplex is currently under construction.
There will be no change in land use or density as a result of this project.
2. The property is located in an urbanized area that does not contain any sensitive
vegetation or habitat.
3. The project is categorically exempt under Section 15315 (Article 19 of Chapter 3), of
the CEQA Guidelines – Class 15 (Minor Land Alterations).
Finding:
F. 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 developer per NBMC Section 19.28.010
(General Improvement Requirements) 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.
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Finding:
G. 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 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 there are no public easements located on the property.
Finding:
H. 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 is developed for residential use and is located in a Zoning District that
permits residential uses.
Finding:
I. 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 spec ific 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. 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.
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2. The project is not located within a specific plan area.
Finding:
J. 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.
Finding:
K. 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 new duplex 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:
L. 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 new duplex is designed so that wastewater discharge into the existing sewer
system complies with the Regional Water Quality Control Board (RWQCB)
requirements.
Finding:
M. 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.
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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 finds this project is
categorically exempt from the California Environmental Quality Act 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 Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2020-005 and Coastal Development Permit No. CD2020-018, subject to the
conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference.
3. 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 Community
Development Director in accordance with the provisions of NBMC Title 19 (Subdivisions)
and Title 21 (Local Coastal Program Implementation Plan). 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 14th DAY OF MAY, 2020.
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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.
3. The building permit for the new construction shall not be final until after recordation of the
parcel map.
4. 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 NBMC Title 19 (Subdivisions) and Title 21 (Local Coastal
Program Implementation Plan).
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 the 110 and 110 ½ 30th Street, LLC Condominiums including, but not limited
to, Tentative Parcel Map No. NP2020-005 and Coastal Development Permit No. CD2020-
018 (PA2020-011). 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 (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, Sub-article 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.
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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, 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.
8. An encroachment permit is required for all work activities within the public right -of-way.
9. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
10. Reconstruct the existing broken and/or otherwise damaged concrete sidewalk and curb
and gutter along the 30th Street frontage and concrete alley panels along the alley
frontage.
11. All existing overhead utilities shall be undergrounded.
12. All above ground improvements shall stay a minimum five-foot clear of the alley setback.
13. Each unit shall be served by its individual water service/meter and sewer lateral and
cleanout. Each water meter and sewer cleanout shall be installed with a traffic -grade
box and cover per City Standards.
14. Relocate existing SCE power pole and guy wire in the alley frontage.
BUILDING
15. Independent utility services shall be provided for each unit.
16. Independent fire risers shall be required for each unit.
17. Construction shall comply with the California Code of Regulations.