HomeMy WebLinkAbout04_514 Acacia, LLC Residential Condominiums Tentative Parcel Map and CDP_PA2021-171
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 14, 2021
Agenda Item No. 4
SUBJECT: 514 Acacia, LLC Residential Condominiums (PA2021-171)
Tentative Parcel Map No. NP2021-012
Coastal Development Permit No. CD2021-034
County Parcel Map No.2021-124
SITE LOCATION: 514 and 514 ½ Acacia Avenue
APPLICANT: Nicholson Companies
OWNER: 514 Acacia, LLC
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)
Coastal Land Use Plan Category: RT-D (Two Unit Residential) (20.0 - 29.9 DU/AC)
Coastal 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. A coastal development
permit is also required because this property is located in the Coastal Zone.
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. NP2021-012 and Coastal Development Permit No. CD2021-034 (Attachment No.
ZA 1).
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DISCUSSION
The subject property is in the R-2 Coastal Zoning District. The R-2 Coastal Zoning
District is intended to provide areas appropriate for two-unit development (i.e., a
duplex) on a single legal lot.
The proposed subdivision and improvements are consistent with the density of the
R-2 Coastal Zoning District, Coastal Land Use Plan, Zoning Code, and the General
Plan.
The lot is physically suitable for the development of a duplex because it is relatively
flat, rectangular, and can be adequately served by existing utilities, as the project
site is within an already developed neighborhood. The project site was also
previously developed with a duplex.
The existing duplex was demolished under Building Permit No. X2021-0600 and a
new duplex is under construction pursuant to Building Permit No. X2020-2844.
The property is located within an area of the Coastal Zone that is exempted from
obtaining approval of a coastal development permit (CDP) for specific types of
development. This area, known as the Categorical Exclusion Order (CEO) area,
allows for the demolition of residential structures, as well as the construction of a
new, two-unit, residential structure without obtaining a CDP contingent upon
providing a notice of exclusion to the Coastal Commission. The previous duplex
was demolished and a new duplex at 514 and 514 ½ Acacia Avenue is being
constructed under CEO2020056, which became effective on January 21, 2021.
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, cleanouts, and
fire risers.
The project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the Acacia Avenue frontage
and alley, as needed, as well as the undergrounding of utilities, consistent with
Title 19 (Subdivisions) of the Newport Beach Municipal Code (NBMC).
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.
While the project site is located within the CEO area of the Coastal Zone, the
approval of a tentative parcel map is not included as exempted development in the
exclusion order. As such, the approval of a tentative parcel map requires a CDP.
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The project site is located approximately 1,100 feet northeast of Bayside Drive,
which is considered the first public road paralleling the sea and is far removed from
the coast. Additionally, the project allows each unit of a new duplex that replaced
an existing duplex to be sold individually. The project does not involve a change in
land use, density or intensity that will result in increased demand on public access
and recreation opportunities. Due to the location and scope of the project, it can
be concluded that approval of the parcel map will not affect public recreation,
access or views.
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, Division 6, 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
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 is consistent with and eligible for the
Class 15 exemption.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants 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:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan) of the Newport Beach Municipal Code. The project site is not located
within the appeal area of the coastal zone; therefore, final action by the City may not be
appealed to the California Coastal Commission.
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Prepared by:
BMZ/jp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3
ZA 4 County Parcel Map No. 2021-124
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Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP NO. NP2021-012 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-034 FOR TWO (2)-UNIT
CONDOMINIUM PURPOSES LOCATED AT 514 AND 514 ½
ACACIA AVENUE (PA2021-171)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Nicholson Companies (Applicant), with respect to property
located at 514 and 514 ½ Acacia Avenue, and legally described as the northeasterly 13
feet of Lot 14 and all of Lots 16 and 18, Block 529, of the Corona Del Mar Tract, requesting
approval of a tentative parcel map and coastal development permit.
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 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. A coastal
development permit (CDP) is also required because this property is in the Coastal Zone.
3. The subject property is categorized RT (Two Unit Residential) by the General Plan Land
Use Element and are located within the R-2 (Two-Unit Residential) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-D (Two Unit Residential) (20.0 - 29.9 DU/AC) and the Coastal Zoning
designation is R-2 (Two-Unit Residential).
5. A public hearing was held on October 14, 2021, online via Zoom. 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
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Zoning Administrator Resolution No. ZA2021-###
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parcel does not have an average slope greater than 20 percent. Therefore, the proposed
Tentative Parcel Map is eligible for the Class 15 exemption.
SECTION 3. REQUIRED FINDINGS.
Tentative Parcel Map
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of NBMC Title 20 (Planning and Zoning) and is approved based on
the following findings per 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 category.
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 Acacia Avenue frontage
and alley 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 rectangular.
It was also previously developed with a duplex.
2. The subject property is accessible from both Acacia Avenue and the alley in the rear.
3. The site is adequately served by existing utilities, as the site was previously
developed with a duplex that is being replaced resulting in no increase of density.
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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.
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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 the R-2 Zoning District, which is
intended for and 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.
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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 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
housing need and that it balances the housing needs of the region against the public service
Fact in Support of Finding:
1. The proposed duplex is consistent with the R-2 Zoning District, which allows up to
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 needs.
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 within the Coastal Zone. All Facts in Support of Findings L
and M are hereby incorporated by reference.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
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Finding:
L. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Tentative Parcel Map is for two (2)-unit residential condominium purposes. A
new duplex is under construction. The new duplex conforms to all applicable
development standards, including floor area limit, setbacks, height, and off-street
parking. The proposed subdivision and improvements are consistent with the
density of the R-2 Coastal Zoning District.
2. The property is in an area known for the potential of seismic activity. All projects are
required to comply with the California Building Code and Building Division standards
and policies.
3. The Tentative Parcel Map is for a property within a developed neighborhood that is
over 1,000 feet from the mean high-water line and is not near any natural landforms
or environmentally sensitive areas.
Finding:
M. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
1. The project site is located approximately 1,100 feet northeast of Bayside Drive, which
is considered the first public road paralleling the sea and is far removed from the
coast. Additionally, the project allows each unit of a new duplex that replaced an
existing duplex to be sold individually. The project does not involve a change in land
use, density or intensity that will result in increased demand on public access and
recreation opportunities. Due to the location and scope of the project, it can be
concluded that approval of the parcel map will not affect public recreation, access or
views.
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.
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2. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2021-012 and Coastal Development Permit No. CD2021-034 subject to the
.
3. The approval of Tentative Parcel Map No. NP2021-012 and of Coastal Development
Permit No. CD2021-034 shall become final and effective 14 days following the date the
Resolution is adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 21 (Local
Coastal Implementation Plan) of the Newport Beach Municipal Code. The project site is
not located within the appeal area of the coastal zone; therefore, final action by the City
may not be appealed to the California Coastal Commission.
PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF OCTOBER, 2021.
_____________________________________
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. After the recordation of the Parcel Map and prior to building permit final, the Applicant
shall apply for a building permit for a description change of the subject project
The development will not be
condominiums until this description change permit is final.
3. The building permit for the new construction shall not receive final inspection until after
recordation of the parcel map.
4. 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.
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 NBMC.
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
approval of 514 Acacia, LLC Residential
Condominiums including, but not limited to, Tentative Parcel Map No. NP2021-012
and Coastal Development Permit No. CD2021-034 (PA2021-171). 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 (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-
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330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivisions
Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall
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 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.
9. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
10. All damaged sidewalk panels, curb, gutter, and street along the Acacia Avenue property
frontage and any damaged concrete alley panels along the alley property frontage shall
be reconstructed as determined by the Public Works Department.
11. The existing street tree along the Acacia 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. All existing overhead utilities shall be undergrounded.
14. No above ground improvements will be permitted within the 5-foot rear alley setback.
Smooth transitions between neighboring properties shall be provided.
15. The Applicant shall remove the hardscape within the Acacia Avenue parkway frontage
16. The Applicant shall install new sod or low groundcovers of the type approved by the City
throughout the Acacia Avenue parkway fronting the development site.
17. An encroachment permit shall be required for all work activities within the public right-
of-way.
18.
Standard 110-L.
19. 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.
Building Division
20. Independent fire risers shall be required for each unit.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Tentative Parcel Map No. NP2021-012
Coastal Development Permit No. CD2021-034
PA2021-171
514 and 514 ½ Acacia Avenue
Subject Property
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Attachment No. ZA 3
Statement
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Attachment No. ZA 4
County Parcel Map No. 2021-124
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