HomeMy WebLinkAbout03_500 Orchid LLC Condominiums Tentative Parcel Map_PA2021-033CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 13, 2021
Agenda Item No. 3
SUBJECT:500 Orchid LLC Condominiums (PA2021-033)
Tentative Parcel Map No. NP2021-002
County Tentative Parcel Map No. 2021-106
SITE LOCATION:500 and 500 1/2 Orchid Avenue
APPLICANT:Forkert Engineering & Surveying, Inc.
OWNER:500 Orchid LLC
PLANNER:Victoria Kim, Planning Technician
949-644-3235 or vkim@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. An existing
duplex has been demolished and a new duplex is currently under construction. The
Tentative Parcel Map would 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. NP2021-002 (Attachment No. ZA 1).
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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 (four spaces total). 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 will allow for individual ownership of the
units.
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 Orchid Avenue property
frontage and alley, will be required of the applicant per the NBMC and
Subdivision Map Act. Reconstruct entire curb, gutter and sidewalk along the
Orchid Avenue and Second Avenue frontages per City Standard. Reconstruct all
alley panels along the alley frontage per City Standard. Install a new 36-inch box
City tree along the Orchid Avenue frontage. Tree type shall be consistent with
City Council Policy G-6.
A 10-foot radius corner cutoff at the corner of Orchid Avenue and Second
Avenue shall be dedicated to the City for street purposes. A new accessibly
compliant curb ramp shall be installed at the corner of Orchid Avenue and
Second Avenue.
Remove any non-standard encroachments within the Orchid Avenue and Second
Avenue public rights of way, including but not limited to walls, planters gates and
walkways. An encroachment permit is required for all work activities within the
public right-of-way.
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
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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.
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:
________________________
Victoria Kim, Planning Technician
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. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP NO. NP2021-002 FOR TWO (2)-UNIT
CONDOMINIUM PURPOSES LOCATED AT 500 and 500 1/2 IRIS
AVENUE (PA2021-033)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by 500 Orchid, LLC (Applicant), with respect to property located
at 500 and 500 1/2 Orchid Avenue, and legally described as Lot 2, Block 542 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 duplex is currently 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 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 online on May 13, 2021, 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 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.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The
project location does not impact an environmental resource of hazardous or critical concern,
does not result in cumulative impacts, does not have a significant effect on the environment
due to unusual circumstances, does not damage scenic resources within a state scenic
highway, is not a hazardous waste site, and is not identified as a historical resource.
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 has been demolished and a new duplex is currently 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. That public improvements will be required of the Applicant per the Municipal Code
and the Subdivision Map Act.
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 two (2)-unit residential development because it is
regular in shape. A duplex has been demolished and a new duplex is currently under
construction. The new construction will comply with all development standards of the
Zoning Code.
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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
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 has been demolished and a new duplex is currently 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 under 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.
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.
2. 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
improvements shall comply with the City’s sight distance requirement. See City
Standard 110-L.
3. 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
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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.
Fact in Support of Finding:
1. There are no public easements on-site. The design of the development will not conflict
with any easements acquired by the public at large for access through or use of property
within the proposed development.
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.
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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
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 proposed for construction is consistent with the
intended uses of the R-2 Zoning District, which allows two (2) residential units on the
property. The new development will replace an existing duplex and 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 3 of the Coastal Act.
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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
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. NP2021-002, 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 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 13th DAY OF MAY, 2021.
_____________________________________
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. Prior to the recordation of the Parcel Map, the existing duplex shall be demolished.
3. 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.
4. The building permit for the new construction shall not be final until after recordation of the
parcel map.
5. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 19 (Subdivisions) of the Newport Beach Municipal
Code.
6. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any 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 500 Orchid LLC Condominiums including, but not limited to, Tentative
Parcel Map No. NP2021-002 (PA2021-033). 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 digital-graphic
file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange
County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The
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Map to be submitted to the City of Newport Beach shall comply with the City’s
CADD Standards. Scanned images will not be accepted.
8. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie
the boundary of the map into the Horizontal Control System established by the County
Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments
(one (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.Reconstruct entire curb, gutter and sidewalk along the Orchid Avenue and Second
Avenue frontages per City Standard. Reconstruct all alley panels along the alley
frontage per City Standard.
11.Protect in place the existing street trees along the Second Avenue frontage.
12.Install a new 36-inch box City tree along the Orchid Avenue frontage. The tree type shall
be consistent with City Council Policy G-6.
13. Install new sod or low groundcovers of the type approved by the City throughout the
Orchid Avenue and Second Avenue parkways fronting the development site.
14. 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.
15. All existing overhead utilities shall be undergrounded.
16. No above ground improvements are permitted within the 5-foot alley setback area.
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. Remove any non-standard encroachments within the Orchid Avenue and Second
Avenue public rights of way, including but not limited to walls, planters gates and
walkways.
20.A 10-foot radius corner cutoff at the corner of Orchid Avenue and Second Avenue shall
be dedicated to the City for street purposes.
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21. All on-site drainage shall comply with the latest City Water Quality requirements.
22.A new accessibly compliant curb ramp shall be installed at the corner of Orchid Avenue
and Second Avenue.
23. 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
24. Separate utilities shall be required for each unit.
25. A separate fire sprinkler system shall be required for each unit.
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Attachment No. ZA 2
Vicinity Map
14
VICINITY MAP
Tentative Parcel Map No. NP2021-002
PA2021-033
500 and 500 1/2 Orchid Ave
Subject Property
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Attachment No. ZA 3
Tentative Parcel Map
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PA2021-033
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