HomeMy WebLinkAbout02_Youssef Land Eight, LLC Condominiums Tentative Parcel Map_PA2020-039CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 28, 2020
Agenda Item No. 2
SUBJECT: Youssef Land Eight, LLC Condominiums (PA2020-039)
▪Tentative Parcel Map No. NP2020-002
▪County Tentative Parcel Map No. 2020-123
SITE LOCATION: 612 and 612 ½ Goldenrod Avenue
APPLICANT: Pro Builders Enterprise Inc.
OWNER: Youssef Land Eight, LLC
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221 or mwhelan@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: RT (Two Unit Residential)
•Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
A request for a tentative parcel map for two-unit condominium purposes. A duplex has
been demolished and a new duplex is currently under construction. No waivers of Title
19 (Subdivisions) are proposed. The Tentative Parcel Map would allow each unit to be
sold individually.
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, California Code of Regulations, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map
No. NP2020-002 (Attachment No. ZA 1).
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Youssef Land Eight, LLC Condominiums (PA2020-039)
Zoning Administrator, May 28, 2020
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DISCUSSION
• A duplex has been demolished and a new duplex is currently under construction,
which will provide the Zoning Code-required, two-car parking per unit. Vehicular
access will be maintained from the alley.
• The subject property is generally flat and measures 3,540 square feet in area.
• Approval of the Tentative Parcel Map will allow each unit to be sold individually.
• The property is designated for two-unit residential use by the General Plan and
Zoning Code. The new two-unit dwelling is consistent with this designation and a
tentative parcel map for condominiums does not change the use.
• The new condominium project will conform to current Newport Beach Municipal
Code (NBMC) requirements and will meet all Title 19 (Subdivisions) standards.
• Public improvements, such as repairing and replacing broken and/or otherwise
damaged sidewalk panels and curb/gutter along the Goldenrod Avenue property
frontage and alley, will be required of the applicant per the NBMC and Subdivision
Map Act.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15315 under Class 15 (Minor Land
Divisions) of the State CEQA Guidelines. The Class 15 exemption allows the division of
property in urbanized areas zoned for residential, comme rcial, 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 Tentative Parcel Map is for condominium purposes and is consistent with
all of the requirements of 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 NBMC. Additionally,
the item appeared on the agenda for this meeting, which was posted at City Hall and on
the City website.
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Youssef Land Eight, LLC Condominiums (PA2020-039)
Zoning Administrator, May 28, 2020
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APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 10 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Tentative Parcel Map
3
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP NO. NP2020-002 FOR TWO (2)-UNIT
CONDOMINIUM PURPOSES LOCATED AT 612 and 612 ½
GOLDENROD AVENUE (PA2020-039)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Youssef Land Eight, LLC (Applicant), with respect to property
located at 612 and 612 ½ Goldenrod Avenue, and legally described as Lot 14, Block 634
Corona del Mar Tract, requesting approval of a tentative parcel map for condominium
purposes.
2. The applicant requests a tentative parcel map for two (2)-unit condominium purposes. A
duplex has been demolished and a new two-unit dwelling is 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.
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 not located within the coastal zone; therefore, a coastal
development permit is not required.
5. A public hearing was held on May 28, 2020, in the Council Chambers 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, 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 propose d 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 percent. The Tentative Parcel Map is for
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Zoning Administrator Resolution No. ZA2020-###
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condominium purposes and is consistent with all of the requirements of 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 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:
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 (2)-unit residential condominium purposes. An
existing duplex has been demolished, and a new two-unit dwelling 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 Goldenrod Avenue frontage
and any damaged concrete alley panels consistent with NBMC 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 two (2)-unit residential development because it is
regular in shape. An existing duplex has been demolished and a new two-unit
dwelling is under construction.
2. The subject property is accessible from the alley and is adequately served by all
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 body m ay
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Zoning Administrator Resolution No. ZA2020-###
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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. An existing duplex has been demolished and a new two (2)-unit dwelling is under
construction.
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:
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 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.
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 approv e 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.
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Fact 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:
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 property was previously developed with a residential use and is located 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.
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.
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 Code of Regulations (the California Building Code) that requires new
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Zoning Administrator Resolution No. ZA2020-###
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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. 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 two (2)-unit dwelling that is under construction is consistent with the intended
uses of the R-2 Zoning District, which allows two (2) 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 new two (2)-unit dwelling will be designed so that wastewater discharge into the
existing sewer system complies with the Regional Water Quality 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 not within the Coastal Zone.
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
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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. NP2020-002, subject to the conditions set forth in Exhibit “A,” which is attached
here to and incorporated by reference.
3. This action shall become final and effective 10 days after the adoption of this Resolution
unless within such time an appeal or call for review is filed with the Director of
Community Development in accordance with the provisions of NBMC Title 19
Subdivisions.
PASSED, APPROVED, AND ADOPTED THIS 28th DAY OF MAY, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
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. 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 Title 19 (Subdivisions) of the Newport Beach Municipal
Code.
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 Youssef Land Eight, LLC Condominiums including, but not limited to,
Tentative Parcel Map No. NP2020-002 (PA2020-039). 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 Department
7. 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 d igital-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.
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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 Section s 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments
(1-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. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
10. All damaged curb, gutter and sidewalk along the Goldenrod Avenue frontage and all
damaged alley panels along the alley frontage shall be reconstructed per City Standard.
11. The existing street tree along the Goldenrod Avenue frontage shall be protected in place.
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. The existing sewer easement shall be maintained. No structural encroachments,
including but not limited to stairs, foundations, walls, caissons are permitted within the
limits of the existing easement.
14. All existing overhead utilities shall be undergrounded.
15. No above ground improvements are permitted within the 5 -foot rear alley setback area.
16. New sod or low groundcovers of the type approved by the City shall be installed
throughout the Goldenrod Avenue parkway fronting the development site.
17. An encroachment permit is required for all work activities within the public right -of-way.
18. All improvements shall comply with the City’s sight distance requirement. See City
Standard 110-L.
19. 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.
Building Division
20. Independent utility services shall be provided for each unit.
21. Independent fire risers shall be required for each unit.
22. Construction shall comply with the California Code of Regulations.
12
Attachment No. ZA 2
Vicinity Map
13
VICINITY MAP
Tentative Parcel Map No. NP2020-002
PA2020-039
612 and 612 ½ Goldenrod Avenue
Subject Property
14
Attachment No. ZA 3
Tentative Parcel Map
15
N39°38'00"E 30.02'N50°21'11"W 118.01'N50°21'10"W 118.00'N39°39'14"E 30.02'
LOT 14
C.D.M.
BLOCK 634
M.M. 3/41-42
ALLEY℄
GOLDENROD AVENUE℄LOT 16LOT 1BLOCK "N"LOT 14
BLOCK 634
CORONA DEL MAR
M.M. 3/41-42
SITE ADDRESS
612 GOLDENROD AVENUE
CORONA DEL MAR, CA 92625
(APN: 459-051-05)
SHEET 1 OF 1
TENTATIVE PARCEL
MAP NO. 2020-123
APRIL 2020
SCALE = 1" = 16'
HUNTINGTON BEACH, CALIFORNIA 92646
PHONE:(714)488-5006 FAX:(714)333-4440
APEXLSINC@GMAIL.COM
PREPARED BY: A. R. H.
PAUL D. CRAFT, P.L.S. 8516
LICENSE EXPIRES 12/31/20
OWNER/DEVELOPER:
YOUSSEF LAND EIGHT, LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY
THE LAND REFERRED TO HEREIN BELOW IS
SITUATED IN THE COUNTY OF ORANGE, STATE
OF CALIFORNIA, AND DESCRIBED AS
FOLLOWS:
LOT 14 IN BLOCK 634 OF CORONA DEL MAR IN
THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 3, PAGE 41 & 42 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE
COUNTY.
Exp. 12/31/20
No. 8516PROFESSIONALLAND
S
URVEYORPAULD O M I NICK
CRAFTS
T
A
TE OF CA L IF O R NIADATE
JN: 20018
THE LAND REFERRED TO HEREIN BELOW IS
SITUATED IN THE COUNTY OF ORANGE, STATE
OF CALIFORNIA, AND DESCRIBED AS
FOLLOWS:
LOT 14 IN BLOCK 634 OF CORONA DEL MAR IN
THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 3, PAGE 41 & 42 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE
COUNTY.
EASEMENT FOR SEWER LINE AND
INCIDENTAL PURPOSES IN THE DOCUMENT
RECORDED MARCH 21, 1947 AS BOOK 1485,
PAGE 505 OF OFFICIAL RECORDS.
EASEMENT NOTES:
4/14/2020
16
From:Buzz
To:Whelan, Melinda
Cc:Palencia, Ketshy; Lee, Amanda; nabil m
Subject:Re: PA2020-039 Complete ZA Staff Report
Date:Friday, May 22, 2020 8:42:38 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and
know the content is safe.
Hi Melinda,
This is to advise you that the clients have reviewed the Staff Report and that we are
fine with the Conditions of Approval.
We will not be attending the hearing of this matter but you can advise the Zoning
Administrator that we concur with the Staff Report.
Thanks for your efforts on this. It is always appreciated.
Regards,
James C. "Buzz" Person
Attorney at Law507 29th Street Suite ANewport Beach, CA 92663
Telephone: (949) 673-9201
No Facsimile
email: buzzlaw@buzzperson.com
NOTICE: PRIVILEGED AND/OR CONFIDENTIAL INFORMATIONThis message and any attached documents may contain information that isprivileged, confidential and exempt from disclosure under applicable law. It is only forthe use of the named recipient, employee or agent and then solely for its intendedpurpose. Any other use is prohibited. Any other recipient is notified that
dissemination, distribution or copying this information or using it in any manner is
prohibited. If you have received this communication in error, please notify us
immediately.
------ Original Message ------
From: "Whelan, Melinda" <MWhelan@newportbeachca.gov>
To: "Buzz Person" <buzzlaw@buzzperson.com>
Cc: "Palencia, Ketshy" <KPalencia@newportbeachca.gov>; "Lee, Amanda"
<ALee@newportbeachca.gov>
Sent: 5/20/2020 1:39:12 AM
Subject: PA2020-039 Complete ZA Staff Report
Good Afternoon Buzz,
Zoning Administrator - May 28, 2020
Item No. 2a Additional Materials Received
Youssef Land Eight, LLC Condominiums Tentative Parcel Map (PA2020-039)
Please find attached the complete staff report for PA2020-039 for the May 28thZA Hearing. This is
the one that was previously Liane’s. Please review the resolution including the conditions of
approval and let me know if you have any questions. Thank you.
Melinda
Zoning Administrator - May 28, 2020
Item No. 2a Additional Materials Received
Youssef Land Eight, LLC Condominiums Tentative Parcel Map (PA2020-039)
Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
1900 Main Street, 5th Floor | Irvine, CA 92614-7321
Telephone: 949.553.1313 | Facsimile: 949.553.8354
www.allenmatkins.com
K. Erik Friess
E-mail: rfriess@allenmatkins.com
Direct Dial: 949.851.5478 File Number: 308752-00034/OC1255660
Los Angeles | Orange County | San Diego | Century City | San Francisco
Allen Matkins
VIA ELECTRONIC MAIL
May 26, 2020
City of Newport Beach
Community Development Department
100 Civic Center Drive
Newport Beach, CA
Attn: James Campbell, Deputy Director,
Community Development
Email: CDD@newportbeachca.gov
Re: The City's notice of public hearing on May 28, 2020, re Youssef
Land Eight, LLC's request for a tentative parcel map (Project
File No. PA2020-039)
Dear Community Development Department:
This firm represents Service Properties CDM, LLC, the owner of the real property located at
2800 East Coast Highway in Corona Del Mar, which is leased by First Republic Bank, and is
immediately adjacent to the subject property of the above project. Service Properties CDM has
recently learned that on May 28, 2020, the City of Newport Beach intends to conduct a public
hearing regarding Youssef Land Eight LLC's request for a tentative parcel map for a two-unit
condominium on the property next door to Service Properties CDM's and located at 612 and 612 ½
Goldenrod Avenue.
This letter constitutes Service Properties CDM's request to appear and be heard at the May
28 hearing. Please also accept this letter as notice that Service Properties CDM intends to, and does
hereby, object to the request for a tentative parcel map unless specific conditions of approval are
required as described as follow. More specifically, Service Properties CDM requests that any
parcel map be conditioned to address access, grading, and drainage issues that have resulted from
the re-development of the Goldenrod Avenue property.
For decades, a walkway existed on the Goldenrod Avenue property that provided access to
Service Properties CDM's tenants and the public without issue. (Enclosed are pictures of the
walkway between the properties from various viewpoints.) And underneath the walkway was the
sewer line for Service Properties CDM's property.
Zoning Administrator - May 28, 2020
Item No. 2b Additional Materials Received
Youssef Land Eight, LLC Condominiums Tentative Parcel Map (PA2020-039)
Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
City of Newport Beach
May 26, 2020
Page 2
Around September 2019, Service Properties CDM first learned that Youssef Land Eight was
constructing a new duplex on the Goldenrod Avenue property. And during the demolition process,
Youssef Land Eight removed the walkway. Since Service Properties CDM's tenants and the public
utilized this walkway daily as a secondary access from the Service Properties CDM property,
Service Properties CDM immediately requested confirmation from Youssef Land Eight that the
walkway and access would be restored. However, Youssef Land Eight has refused to confirm it
would restore the walkway.
Additionally, the Goldenrod Avenue property has historically sat at a lower elevation than
Service Properties CDM's property, accepting drainage run-off from Service Properties CDM's
property. However, without any consideration of Service Properties CDM's property, Youssef Land
Eight constructed the new duplex and changed the grading of the Goldenrod Avenue property,
altering the drainage run-off it has accepted for years. And, again, Youssef Land Eight failed to
provide Service Properties CDM with any information concerning its drainage/run-off or its grading
plans to ensure those plans conformed with the historical grading and drainage.
Youssef Land Eight has now demolished, re-graded, and constructed the new duplex,
changing the historical drainage and slope conditions of the Goldenrod Avenue property and
removing the access walkway between the properties. In order to move forward with its tentative
parcel map, the City should condition Youssef Land Eight's property to ensure the historical
conditions of that property are restored. Service Properties CDM had hoped Youssef Land Eight
would make these assurances directly. But since it has not, Service Properties CDM now seeks
assistance from the City.
In sum, Service Properties CDM requests that the City condition the approval of the
tentative parcel map on Youssef Land Eight's assurance that the grading of the Goldenrod Avenue
property is consistent with all historical conditions and that Youssef Land Eight will restore the
access walkway and keep it open and accessible.
Very truly yours,
K. Erik Friess
KEF:slp
Enclosure
cc: Melinda Whelan
Mr. William L. Tooley
Zoning Administrator - May 28, 2020
Item No. 2b Additional Materials Received
Youssef Land Eight, LLC Condominiums Tentative Parcel Map (PA2020-039)
1255662.01/OC
308752-00034/5-26-20/kam/kam
View of walkway from Goldenrod Ave
View of 2800 E. Coast Highway and the Goldenrod Avenue Property
Zoning Administrator - May 28, 2020
Item No. 2b Additional Materials Received
Youssef Land Eight, LLC Condominiums Tentative Parcel Map (PA2020-039)
1255662.01/OC
308752-00034/5-26-20/kam/kam -2-
View of First Republic Bank's patio and walkway towards Goldenrod Avenue
View of walkway between the properties towards alley behind 612 Goldenrod Avenue
Zoning Administrator - May 28, 2020
Item No. 2b Additional Materials Received
Youssef Land Eight, LLC Condominiums Tentative Parcel Map (PA2020-039)
1255662.01/OC
308752-00034/5-26-20/kam/kam -3-
View of 612 Goldenrod Avenue from driveway of 2800 E. Coast Highway
View of both properties from Google Earth before Youssef Land Eight's re-development
Zoning Administrator - May 28, 2020
Item No. 2b Additional Materials Received
Youssef Land Eight, LLC Condominiums Tentative Parcel Map (PA2020-039)
From: Murillo, Jaime
Sent: Wednesday, May 27, 2020 8:02 AM
To: Palencia, Ketshy
Subject: FW: PA2020-039; 612 Goldenrod, Corona del Mar; Agenda Item 2
Attachments: Nabil612GoldenrodZALetterMay27'20.pdf
Sounds like he also wants video access
From: Buzz <buzzlaw@buzzperson.com>
Sent: Wednesday, May 27, 2020 12:24 AM
To: Murillo, Jaime <JMurillo@newportbeachca.gov>
Cc: Whelan, Melinda <MWhelan@newportbeachca.gov>; nabil m <nabil@probuilder-oc.com>; Nabil
Makari <nabilshm@icloud.com>
Subject: PA2020-039; 612 Goldenrod, Corona del Mar; Agenda Item 2
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and
know the content is safe.
Dear Mr. Murillo,
On behalf of my clients, I submit the attached letter to you for consideration of the Item on the agenda for
May 28, 2020.
I would like to appear remotely from Spain, if that is possible. Perhaps I can hear from staff as to that
request.
Thank you for your consideration.
Regards,
James C. "Buzz" Person
Attorney at Law
507 29th Street Suite A
Newport Beach, CA 92663
Telephone: (949) 673-9201
No Facsimile
email: buzzlaw@buzzperson.com
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Zoning Administrator - May 28, 2020
Item No. 2c Additional Materials Received
Youssef Land Eight, LLC Condominiums Tentative Parcel Map (PA2020-039)
JAMES C. PERSON, JR. 507 29th Street -Suite A Newport Beach, California 92663 May 27, 2020
Jaime Murillo, Zoning Administrator
City of Newport Beach
Community Development Department
100 Civic Center Drive Newport Beach, CA 92660 Telephone (949) 673-9201 E-Mai I buzzlaw@buzzperson.comRe: Zoning Administrator hearing May 28, 2020, Agenda Item 2, PA 2020-039; 612 Goldenrod, Corona del Mar
Dear Mr. Murillo:
This office represents the applicant in this matter, Youssef Land
Eight, LLC. This letter is in response to correspondence you have received from an K. Eric Friess, Esq., as attorney for an adjacent landowner to the south of my client's property.
My client views Mr. Friess position concerning a purported "public walkway u and secondary access to Mr. Friess client's property as nothing more that an attempt to extort, by the use of public pro
cess, something which his clients has no legal right, namely, a more convenient access to the business of his client's tenant.
The "walkway ll was apparently my clients' required side yard set back required by the City when the property was developed.
As you know from the materials before you, this application is for a Parcel Map to permit the units to be held and sold as condominiums. Each and every City standard has been met by my client and his
professionals in the design and construction of this project. That
being said, there is no basis in fact or in law that would permit the City to extract anything further from this client with regard to the action requested. I, therefore, respectfully request that you reject, fully, the content and request contained in the aforementioned letter from Mr. Friess
As your staff knows, I am in Spain and will make myself available for this hearing. I would prefer to do it by FaceTime, Zoom or WhatsApp if at all possible. Please advise what works best for you.
PERSON,
cc: Mr. Nabil Makari
Zoning Administrator - May 28, 2020
Item No. 2c Additional Materials Received
Youssef Land Eight, LLC Condominiums Tentative Parcel Map (PA2020-039)