HomeMy WebLinkAbout03_Kalili Residential Condominiums Tentative Parcel Map_PA2020-228
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 15,2020
Agenda Item No. 3
SUBJECT: Kalili Residential Condominiums (PA2020-228)
Tentative Parcel Map No. NP2020-011
County Tentative Parcel Map No. 2020-153
SITE LOCATION: 426 and 426 ½ Marguerite Avenue
APPLICANT: CRF Engineering
OWNER: David Kalili
PLANNER: Joselyn Perez, Assistant Planner
949-644-3312, jperez@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 pursuant to Zoning
and Building Code requirements. The Tentative Parcel Map will allow each unit to be sold
individually. No waivers of Title 19 (Subdivisions) are proposed.
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. NP2020-011 (Attachment No. ZA 1).
1
Kalili Residential Condominiums (PA2020-228)
Zoning Administrator, October 15, 2020
Page 2
Tmplt: 05/27/20
DISCUSSION
The subject property is zoned Two-Unit Residential (R-2) and has a General Plan
Land Use Designation of Two Unit Residential (RT). The R-2 Zoning District is
intended to provide areas appropriate for development of a maximum of two
residential dwelling units (i.e., duplexes) on a single legal lot.
The proposed subdivision and improvements are consistent with the density of the
R-2 Zoning District and the General Plan Land Use Designation of RT.
The lot is physically suitable for a duplex because it is relatively flat, rectangular,
and adequately served by existing utilities.
The site was previously developed with a duplex. These improvements were
demolished under Building Permit No. X2019-3745 and No. X2019-3746.
A new duplex is currently under construction (Building Permit No. X2019-0581) on
the project site.
The new duplex conforms to all applicable development standards, including floor
area limit, setbacks, height, and off-street parking. It has been designed such that
each unit will be served by individual water meters, sewer laterals, and cleanouts.
The project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the Marguerite Avenue
frontage, as needed, as well as the undergrounding of utilities, consistent with Title
19 (Subdivisions).
The design of the duplex was reviewed and approved by all City Departments. All
wastewater will discharge into the existing sewer system, such that it complies with
Regional Water Quality Control Board (RWQCB) requirements.
The subject property is not within the coastal zone; therefore a coastal
development permit is not required.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant
effect on the environment.
The Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four or fewer parcels when the division is in
2
Kalili Residential Condominiums (PA2020-228)
Zoning Administrator, October 15, 2020
Page 3
Tmplt: 05/27/20
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 project satisfies all the requirements for the
Class 15 exemption therefore the proposed parcel map is eligible for the Class 15
exemption.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
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:
BMZ/jp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 County Tentative Parcel Map No. 2020-153
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. NP2020-011 FOR TWO (2)- UNIT
RESIDENTIAL CONDOMINIUM PURPOSES LOCATED AT 426
AND 426 ½ MARGUERITE AVENUE (PA2020-228)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by CRF Engineering (Applicant), with respect to property located
at 426 and 426 ½ Marguerite Avenue, and legally described as Lot 20, Block 439 of the
Corona del Mar Tract, requesting approval of a tentative parcel map.
2. The applicant requests a tentative parcel map for two (2)-unit residential condominium
purposes. No waivers of development standards are requested. An existing duplex was
demolished, and a new duplex is under construction. The Tentative Parcel Map would
allow each unit to be sold individually. No waivers of Newport Beach Municipal Code
(NBMC) Title 19 (Subdivisions) are proposed.
3. The subject property is designated as RT (Two Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two-Unit Residential) Zoning District.
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 online on October 15, 2020, observing restrictions 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 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 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
5
Zoning Administrator Resolution No. ZA2020-###
Page 2 of 8
01-25-19
parcel does not have an average slope greater than 20 percent. Therefore, the proposed
parcel map is eligible for the Class 15 exemption.
SECTION 3. REQUIRED FINDINGS.
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of NBMC Title 20 (Planning and Zoning) and is approved based on
the following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps)
of the NBMC:
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. The
project site was previously developed with a duplex and has been cleared of existing
improvements. A new duplex is under construction. The proposed subdivision and
improvements are consistent with the density of the R-2 Zoning District and the
current RT General Plan Land Use Designation.
2. The subject property is not located within a specific plan area.
3. The project is conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the Marguerite Avenue
frontage, as needed, as well as the undergrounding of utilities, consistent with the
Title 19 (Subdivisions) of the NBMC.
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The lot is physically suitable for a duplex because it is relatively flat and a rectangular
shape. It was also previously developed with a duplex.
2. The subject property is accessible from both Marguerite Avenue and the alley in the
rear.
3. The site is adequately served by existing utilities, as the site was previously
developed with a residential duplex that is being replaced.
6
Zoning Administrator Resolution No. ZA2020-###
Page 3 of 8
01-25-19
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 an existing 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. Section 2 of this Resolution is hereby incorporated by reference.
Finding:
D. That the design of the subdivision or the type of improvements is not likely to cause serious
public health problems.
Fact in Support of Finding:
1. The Tentative Parcel Map is for condominium purposes. All improvements
associated with the project will comply with all Building, Public Works, and Fire
Codes, which are in place to prevent serious public health problems. Public
improvements will be required of the developer per 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.
7
Zoning Administrator Resolution No. ZA2020-###
Page 4 of 8
01-25-19
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. There are no existing easements either through or adjacent to 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 site, developed for residential use, lies in a zoning district that permits residential
uses.
Finding:
G.
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 p
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.
8
Zoning Administrator Resolution No. ZA2020-###
Page 5 of 8
01-25-19
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:
I. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
S
housing need and that it balances the housing needs of the region against the public service
urces.
Fact in Support of Finding:
1. The proposed 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:
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 residential building under construction has been designed to have wastewater
discharge into the existing sewer system and 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 located within the coastal zone.
9
Zoning Administrator Resolution No. ZA2020-###
Page 6 of 8
01-25-19
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. 2020-011, 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 Title 19 Subdivisions, of
the NBMC.
PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF OCTOBER 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
10
Zoning Administrator Resolution No. ZA2020-###
Page 7 of 8
01-25-19
EXHIBIT
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
.
building permit for the new construction shall not be final until after recordation of the
parcel map.
3. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
Tentative 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
approval of Kalili Residential Condominiums including, but not limited to Tentative Parcel
Map No. NP2020-011 (PA2020-228). 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 (North American Datum of 1983, NAD83). Prior to recordation of the map, the
surveyor/engineer preparing the map shall submit to the County Surveyor and the City of
Newport Beach, a digital-graphic file of said map in a manner described in Sections 7-9-
330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivisions
11
Zoning Administrator Resolution No. ZA2020-###
Page 8 of 8
01-25-19
Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall
pted.
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 sidewalk panels, curb, gutter, and street along the Marguerite Avenue
property frontage and any damaged concrete alley panels along the alley property
frontage shall be reconstructed as determined by the Public Works Department.
10. All existing overhead utilities shall be undergrounded.
11. No above ground improvements will be permitted within the 5-foot rear alley setback.
Smooth transitions between neighboring properties shall be provided.
12. Install new sod or low groundcovers of the type approved by the City throughout the
Marguerite Avenue parkway fronting the development site.
13. 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.
14. An encroachment permit shall be required for all work activities within the public right-
of-way.
15.
Standard 110-L.
16. In case of damage done to public improvements surrounding the development site by
private construction, additional reconstruction within the public right-of-way shall be
required at the discretion of the Public Works Inspector.
12
Attachment No. ZA 2
Vicinity Map
13
VICINITY MAP
Tentative Parcel Map No. NP2020-011
(PA2020-228)
426 and 426 ½ Marguerite Avenue
Subject Property
14
Attachment No. ZA 3
County Tentative Parcel Map No. 2020-153
15
16