HomeMy WebLinkAbout03_BIRE II, LLC Residential Condominiums Tentative Parcel Map and CDP_PA2021-271
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
January 27, 2022
Agenda Item No. 3
SUBJECT: Bire II, LLC Residential Condominiums (PA2021-271)
Coastal Development Permit No. CD2021-070
Tentative Parcel Map No. NP2021-016
SITE LOCATION: 424 and 424 ½ Fernleaf Avenue
APPLICANT: Civilscapes Engineering, Inc.
OWNER: Bire II, LLC
PLANNER: Melinda Whelan
949-644-3221-mwhelan@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 a two-unit condominium. A duplex has been
demolished and a new duplex is under construction. No waivers of Title 19 (Subdivisions)
are proposed. The Tentative Parcel Map would allow each unit to be sold individually. A
coastal development permit (CDP) is required because this property is 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. NP2021-016 and Coastal Development Permit No. CD2021-070 (Attachment No.
ZA 1).
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Bire II, LLC Residential Condominiums (PA2021-271)
Zoning Administrator, January 27,2022
Page 2
DISCUSSION
A duplex has been demolished and a new duplex is currently under construction,
which will provide the Zoning Code required, two-car parking per unit. Vehicular
access will be maintained from the alley.
The subject property is predominantly flat and measures 3,540 square feet in area.
Approval of the Tentative Parcel Map will allow each unit to be sold individually.
The property is designated for two-unit residential use by the General Plan and
Zoning Code. The new two-unit dwelling is consistent with this designation and a
tentative parcel map for condominiums does not change the use.
The new condominium project will conform to current Newport Beach Municipal
Code (NBMC) requirements and will meet all Title 19 (Subdivisions) standards.
Public improvements, such as repairing and replacing broken and/or otherwise
damaged sidewalk panels and curb/gutter along the Fernleaf Avenue property
frontage and alley, will be required of the applicant per the NBMC and Subdivision
Map Act.
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 it is
located within the R-2 (Two-Unit Residential) Coastal Zone District.
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 424 and 424 ½ Fernleaf Avenue is being
constructed under CEO2021027, which was effective on May 26, 2021.
The parcel map is subject to a Coastal Development Permit and conforms to Title
21 Local Coastal Program Implementation Plan in the Municipal Code. The parcel
map will meet the required findings found in NBMC Section 21.52.015(F) (Findings
and Decision). Complete findings and facts in support are enumerated in the draft
resolution (Attachment No. ZA 1).
The project site is not located between the nearest public road and the sea or
shoreline. Coastal access will not be impacted or compromised by the proposed
project.
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Bire II, LLC Residential Condominiums (PA2021-271)
Zoning Administrator, January 27,2022
Page 3
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 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 Program
[LCP] Implementation Plan) of the Newport Beach Municipal Code. Final action taken by
the City may be appealed to the Coastal Commission in compliance with Section 21.64.035
(Appeal to the Coastal Commission)
of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
MS/msw
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. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP NO. NP2021-016 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-070 FOR TWO (2)-UNIT
CONDOMINIUM PURPOSES LOCATED AT 424 AND 424 ½
FERNLEAF AVENUE (PA2021-271)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Civilscapes Engineering, Inc. (Applicant), with respect to
property located at 424 and 424 ½ Acacia Avenue, and legally described as Lot 6, Block
433 Corona del Mar Tract, requesting approval of a tentative parcel map and coastal
development permit for condominium purposes.
2. The applicant requests a tentative parcel map and coastal development permit for a two
(2)-unit condominium. A duplex has been demolished and a new duplex is currently under
construction. No waivers of Newport Beach Municipal Code (NBMC) Title 19
(Subdivisions) are proposed. The tentative parcel map would allow each unit to be sold
individually.
3. The subject property is located within the Two-Unit Residential (R-2) Zoning District and
the General Plan Land Use Element category is Two Unit Residential (RT).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-D (Two-Unit Residential) - (20.0-29.9 DU/AC) and it is located within the R-
2 (Two-Unit Residential) Coastal Zone District.
5. A public hearing was held on January 27, 2022, 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
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Zoning Administrator Resolution No. ZA2022-###
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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
condominium purposes and is consistent with all requirements of 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 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 a two (2)-unit residential condominium. 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. The project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the Fernleaf 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 a two (2)-unit residential development because it is
regular in shape. An existing duplex has been demolished and a new duplex is currently
under construction.
2. The subject property is accessible from the alley and is adequately served by all existing
utilities.
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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.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.
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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Fact in Support of Finding:
1.The design of the development will not conflict with easements acquired by the public
at large, for access through, or use of property within the proposed development,
because there are no public access easements located on the property.
Finding:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if
the land is subject to a contract entered into pursuant to the California Land Conservation
Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would
not be too small to sustain their agricultural use or the subdivision will result in residential
development incidental to the commercial agricultural use of the land.
Facts in Support of Finding:
1.The property is not subject to the Williamson Act because the subject property is not
designated as an agricultural preserve and is less than 100 acres in area.
2. The property was previously developed with a residential use and is located in a Zoning
District that permits residential uses.
Finding:
G. 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
defined in Section 11000.5 of the California Business and Professions Code because
the project site does not contain 50 or more parcels of land.
2. The project is not located within a specific plan area.
Finding:
H.That solar access and passive heating and cooling design requirements have been satisfied
in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act.
Fact in Support of Finding:
1.The Tentative Parcel Map and any future improvements are subject to Title 24 of the
California Code of Regulations (the California Building Code) that requires new
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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 two (2)-unit dwelling that is under construction is consistent with the intended uses
of the R-2 Zoning District, which allows two (2) residential units on the property.
Therefore, the Tentative Parcel Map for condominium purposes will not affect the City
in meeting its regional housing need.
Finding:
J.That the discharge of waste from the proposed subdivision into the existing sewer system
will not result in a violation of existing requirements prescribed by the Regional Water
Quality Control Board.
Fact in Support of Finding:
1.The new two (2)-unit dwelling is 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 located within the Coastal Zone. A coastal development permit
is requested in conjunction with the proposed tentative parcel map application. The
project complies with the certified Local Coastal Program (LCP) and public access and
recreation policies of Chapter Three of the Coastal Act. The Facts in Support of Findings
L and M for the Coastal Development Permit (below) are hereby incorporated by
reference.
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Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the Newport Beach Municipal Code, the following findings, and facts in support of such
findings are set forth:
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 a two (2)-unit residential condominium. A duplex has
been demolished and a new duplex is under construction. The 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 located 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 that is over 1,000 feet from the harbor and is
not near any natural landforms or environmentally sensitive areas.
Finding:
M.Conforms to 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.
Facts in Support of Finding:
1. The project site is not located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
between the require
case, the project is a tentative parcel map for two (2)-unit condominium purposes. 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. Furthermore, the project
is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede
existing public access opportunities.
2. Approval of the parcel map will not affect public recreation, access or views.
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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. NP2021-016 and Coastal Development Permit No. CD2021-070, subject to the
conditions set forth in Exhibit A, which is attached here to and incorporated by reference.
3. The approval of Tentative Parcel Map No. NP2021-016 and of Coastal Development
Permit No. CD2021-070 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 27th DAY OF JANUARY, 2022.
_____________________________________
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
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
whatsoever which may arise from o
approval of the BIRE II, LLC Residential Condominiums including, but not limited to,
Tentative Parcel Map No. NP2021-016 and Coastal Development Permit No. CD2021-070
(PA2021-271). 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. Install new sod or low groundcovers of the type approved by the City throughout the
Fernleaf Avenue parkway fronting the development site including the area between the
sidewalk and property line.
10. Reconstruct the existing broken and/or otherwise damaged concrete curb, gutter,
sidewalk along the Fernleaf Avenue frontage per City Standard and all damaged alley
panels.
11. Install a new street tree along the Fernleaf Avenue frontage per City Standards.
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 are permitted within the 5-foot rear alley setback area.
15. All existing private, non-standard improvements within the public right-of-way shall be
removed.
16. An encroachment permit is required for all work activities within the public right-of-way.
17. All improvements shall compl
Standard 110-L.
18. All on-site drainage shall comply with the latest City Water Quality requirements.
19. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right-of-way could be
required at the discretion of the Public Works Inspector.
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Building Division
20.Independent utility services shall be provided for each unit.
21. Independent fire risers shall be required for each unit.
22. Construction shall comply with the California Code of Regulations.
Fire Department
23.Fire sprinkler systems are required for each individual unit and no combined systems
shall be allowed.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Tentative Parcel Map No. NP2021-016 and Coastal
Development Permit No. CD2021-070
(PA2021-271)
424 and 424 ½ Fernleaf Avenue
Subject Property
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Attachment No. ZA 3
Tentative Parcel Map
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