HomeMy WebLinkAbout02_712 Iris LLC Condominiums Tentative Parcel Map_PA2020-059CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 25, 2020
Agenda Item No. 2
SUBJECT: 712 Iris, LLC Condominiums (PA2020-059)
Tentative Parcel Map No. NP2020-004
County Tentative Parcel Map No. 2019-185
SITE LOCATION: 712 and 712 ½ Iris Avenue
APPLICANT: 712 Iris LLC
OWNER: 712 Iris 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 will be
demolished and a new duplex is currently in the building permit review process. 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. NP2020-004 (Attachment No. ZA 1).
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712 Iris LLC Condominiums (PA2020-059)
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DISCUSSION
A duplex will be demolished and a new duplex is currently in the building permit
review process, which will provide the Zoning Code-required, two-car parking per
unit. Vehicular access will be maintained from the alley.
The subject property is a sloping lot 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 Iris Avenue property frontage
and alley, will be required of the applicant per the NBMC and Subdivision Map Act.
The on-site sewer easement will be maintained and is conditioned to be widened
to 10 feet per Public Works regulations.
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, 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 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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712 Iris LLC Condominiums (PA2020-059)
Zoning Administrator, June 25, 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
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP NO. NP2020-004 FOR TWO (2)-UNIT
CONDOMINIUM PURPOSES LOCATED AT 712 AND 712 ½ IRIS
AVENUE (PA2020-059)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by 712 Iris LLC (Applicant), with respect to property located at
712 and 712 ½ Iris Avenue, and legally described as Lot 14, Block 736 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 will be demolished and a new duplex is currently in the building permit
review process. 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 June 25, 2020, in the Corona del Mar Conference Room,
Bay 1E located at 100 Civic Center Drive, Newport Beach, California, due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19. 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 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 percent. The Tentative Parcel Map is for
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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. A
duplex will be demolished and a new duplex is currently in the building permit review
process. 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 Iris 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 will be demolished and a new duplex is currently
in the building permit review process.
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 may
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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. A duplex will be demolished and a new duplex is currently in the building permit
review process..
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 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.
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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.
2. The existing sewer easement will be maintained and widened per Public Works
regulations and conditioned to allow no structural encroachments within the limits of
the existing easement.
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. 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
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.
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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
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 G
housing need and that it balances the housing needs of the region against the public service
Fact in Support of Finding:
1. The two (2)-unit dwelling that is proposed for 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.
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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. NP2020-004, 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 25th DAY OF JUNE, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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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
it 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
wit
approval of the 712 Iris, LLC Condominiums including, but not limited to, Tentative Parcel
Map No. NP2020-004 (PA2020-059). 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
6. 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 digital-graphic
file of said map 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. The
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, 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.
8. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
9. All damaged curb, gutter and sidewalk along the Iris Avenue frontage and all damaged
alley panels along the alley frontage shall be reconstructed per City Standard.
10. The existing street tree along the Iris Avenue frontage shall be protected in place.
11. 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.
12. The existing 4-foot sewer easement shall be maintained and widened to 10 feet. No
structural encroachments, including but not limited to stairs, foundations, walls, caissons
are permitted within the limits of the easement.
13. All existing overhead utilities shall be undergrounded.
14. No above ground improvements are permitted within the 5-foot rear alley setback area.
15. New sod or low groundcovers of the type approved by the City shall be installed
throughout the Iris Avenue parkway fronting the development site.
16. An encroachment permit is required for all work activities within the public right-of-way.
17.
Standard 110-L.
18. 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
19. Independent utility services shall be provided for each unit.
20. Independent fire risers shall be required for each unit.
21. Construction shall comply with the California Code of Regulations.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Tentative Parcel Map No. NP2020-004
PA2020-059
712 and 712 ½ Iris Avenue
Subject Property
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Attachment No. ZA 3
Tentative Parcel Map
15
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June 25, 2020, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660
(949-548-6229)
Item 2. 712 Iris LLC Condominiums Tentative Parcel Map No. NP2020-
004 (PA2020-059)
Handwritten page 5, Section 1.5: “A public hearing was held on June 25, 2020, in the Corona del
Mar Conference Room, Bay 1E located at 100 Civic Center Drive, Newport Beach, California,
observing restrictions due to the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19.”
[As proposed, “due to” implies the declaration and proclamation were responsible for the
hearing being held at an unusual location. Since this conference room is the normal hearing
location, I don’t think the “due to” clause is needed at all unless it was intended to acknowledge
the special access and social distancing measures applied as a result of the emergency.]
Handwritten page 8, Fact F.2 (near top of page): “The existing sewer easement will be maintained
and widened per Public Works regulations and conditioned to allow no structural encroachments
within the limits of the existing widened easement.”
[There seems little point of widening the easement if the area added is not to be protected. Also,
is this really a sewer easement or is it for a City drainage pipe?]
Handwritten page 12, Condition of Approval 12: “The existing 4-foot sewer easement shall be
maintained and widened to 10 feet. No structural encroachments, including but not limited to stairs,
foundations, walls, caissons are permitted within the limits of the easement .”
How is this to be accomplished?
The proposed Tentative Parcel Map on handwritten page 16 shows only the existin g 4-foot wide
easement (call-out “3”).
The condition gives no direction as to where the widened easement should be, which seems
critically important if it is to connect with adjacent properties.
From the Vicinity Map on page 14, the City wants to add 3 feet on each side. But adding 3 feet
on the right side would overlap the location of the right -hand building shown on the Tentative
Parcel Map.
Handwritten page 16, map: This map seems unusual compared to those normally presented to
the Zoning Administrator in that:
1. It does not clearly highlight the boundaries of the subject parcel.
2. It is festooned with elevation measurements making the location and dimensions of that
parcel difficult to locate.
3. It shows an easement inconsistent with the conditions of approval.
Zoning Administrator - June 25, 2020
Item No. 2a Additional Materials Received
712 Iris LLC Condominiums Tentative Parcel Map (PA2020-059)