HomeMy WebLinkAbout02_417 Heliotrope Ave. LLC Condominiums Tentative Parcel Map, Condominium Conversion and CDP_PA2022-137CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 25, 2022
Agenda Item No. 2
SUBJECT: 417 Heliotrope Ave. LLC Condominiums (PA2022-137)
▪Condominium Conversion No. CC2022- 001
▪Tentative Parcel Map No. NP2022-007
▪Coastal Development Permit No. CD2022-036
▪County Tentative Parcel Map No. 2021-139
SITE LOCATION: 417 and 417 ½ Heliotrope Avenue
APPLICANT/OWNER: 417 Heliotrope Ave. LLC
PLANNER: Melinda Whelan, Assistant Planner
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 condominium conversion, tentative parcel map, and coastal development
permit to convert an existing duplex into a two-unit residential condominium. The duplex
was constructed in 2021 per condominium standards; however a parcel map was not
recorded, and the building permit was finalized as a duplex. The Condominium
Conversion and 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
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 15301 under Class 1 (Existing Facilities) and 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
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417 Heliotrope Ave. LLC Condominiums (PA2022-137)
Zoning Administrator, August 25, 2022
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3) Adopt Draft Zoning Administrator Resolution No. _ Tentative Parcel Map No.
NP2022-007, Condominium Conversion No. CC2022-001 and Coastal Development
Permit No. CD2022-036 (Attachment No. ZA 1).
DISCUSSION
• The subject property is a fairly flat lot and measures 3,540 square feet in area.
• The existing two-unit development is consistent with the R-2 Zoning District and
approval of a tentative parcel map and condominium conversion for individual sale
of the units does not change the use or density of the property.
• The existing 3-story, the 3,528-square-foot duplex was constructed in 2021
pursuant to condominium standards (under Plan Check No. 1352-2021) with the
intent to create condominiums. However, a parcel map was never recorded, and
the building permit was finalized as a duplex.
• A special inspection form was completed on August 8, 2022, by the City’s Building
Inspector. The recently constructed duplex was finalized by the building inspector
in June 15, 2022, so the building inspector completed the form based on the final
inspection of the duplex. The Building Inspector concluded that the duplex was
constructed and finalized with all of the required minimum standards of the Uniform
Housing Code as adopted by the City of Newport Beach. There are no corrections
required for the structure to meet condominium standards. Therefore, the
condominium project will conform to current Newport Beach Municipal Code
(NBMC) requirements and meet all Title 19 standards.
• The existing tandem garage and carports comply with NBMC minimum code-
number of spaces (4) and minimum dimensions (17 feet 6 inches wide by 35 feet
in depth total).
• Categorical Exclusion Order No. CEO2021006 (0638-2020) was issued for the
construction of the new duplex. The parcel map (a subdivision) requires 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 approximately 1,800 feet from the water and is not located
between the nearest public road and the sea or shoreline.
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ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301 under Class 1 (Existing
Facilities) and Section 15315 under Class 15 (Minor Land Divisions) of the State CEQA
Guidelines. The Class 1 exemption allows for minor interior and exterior alterations that
involve negligible or no expansion of use. 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, and 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, Condominium Conversion, and Coastal Development
Permit are for condominium purposes and the project is consistent with all of the
requirements of Class 1 and Class 15 exemptions.
PUBLIC NOTICE
Notice of this application was published in the OC Register, 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 19 (Subdivisions) and Title
21 (Local Coastal Program [LCP] Implementation Plan) of the Newport Beach Municipal
Code. For additional information on filing an appeal, contact the Planning Division at 949-
644-3200.
Prepared by:
LAW/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 County Tentative Parcel Map No. 2021-139 Tentative
Parcel Map No. NP2022-007
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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
CONDOMINIUM CONVERSION NO. CC2022-001, TENTATIVE
PARCEL MAP NO. NP2022-007 AND COASTAL DEVELOPMENT
PERMIT NO. CD2022-036 TO CONVERT AN EXISTING DUPLEX
INTO A TWO (2)-UNIT CONDOMINIUM PROJECT LOCATED AT
417 AND 417 ½ HELIOTROPE AVENUE (PA2022-137)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Wendy Gillfillan of 417 Heliotrope Ave. LLC (Applicant), with
respect to property located at 417 and 417 ½ Heliotrope Avenue, and legally described as
Lot 17, Block 334 in the CDM Tract requesting approval of condominium conversion,
tentative parcel map, and coastal development permit.
2. The applicant proposes a condominium conversion, tentative parcel map, and coastal
development permit to convert a recently constructed 3,528-square-foot, two (2)-unit
dwelling into two (2) condominiums. The required two (2)-car parking per unit will be
provided and no waivers of Title 19 (Subdivision Code) development standards are
proposed with this application. The existing development complies with all other applicable
development standards including height and floor area limits. Approval of the Tentative
Parcel Map and Condominium Conversion Permit would allow each unit to be sold
individually as condominiums. A coastal development permit (CDP) is required because
this property is in the Coastal Zone.
3. The property is designated 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 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 August 25, 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 categorically exempt pursuant to Title 14 of the California Code of
Regulations Sections 15301 and 15315, Division 6, Chapter 3 Guidelines for
Implementation of the California Environmental Quality Act (CEQA) under Class 1 (Existing
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Facilities) and Class 15 (Minor Land Divisions) because it has no potential to have a
significant effect on the environment.
2.Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing at
the time of the lead agency’s determination. The proposed project consists of the
conversion of an existing 3,528-square-foot, two (2)-unit dwelling with attached garaged
and covered parking and does not involve new construction that will expand or enlarge the
existing units. The conversion of the two (2)-unit dwellings into condominiums will allow the
units to be sold separately.
3.Class 15 exempts 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 and
Condominium Conversion is for individual sale of the units and is consistent with all of the
requirements of the Class 15 exemption.
SECTION 3. REQUIRED FINDINGS.
Condominium Conversion
In accordance with Section 19.64.070 (Standards for Condominium Conversions) of the
Newport Beach Municipal Code, the following findings are set forth:
Finding:
A.The minimum number and the design and location of off-street parking spaces shall be
provided in conformance with the provisions of the Zoning Ordinance in effect at the time
of approval of the conversion.
Fact in Support of Finding:
1.As permitted and conditioned, each unit will provide a one (1)-car garage and a one (1)-
car carport. The four (4) spaces provided meet the number of spaces required (two [2]
per unit) per Chapter 20.40 (Off-Street Parking) of the Zoning Code.
Finding:
B.Each dwelling unit within a building shall have a separate sewer connection to the City
sewer.
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Fact in Support of Finding:
1. As permitted and conditioned, each unit will maintain separate sewer connections to the
City sewer.
Finding:
C. Each sewer lateral shall be retrofitted/fitted with a clean out at the property line.
Fact in Support of Finding:
1. As permitted and conditioned, each unit will provide a separate sewer cleanout located
at the property line.
Finding:
D. Each unit shall maintain a separate water meter and water meter connection.
Fact in Support of Finding:
1. As permitted and conditioned, each unit will maintain a separate water meter and water
meter connection.
Finding:
E. The electrical service connection shall comply with the requirements of Chapter 15.32
(Underground Utilities) of the Newport Beach Municipal Code.
Fact in Support of Finding:
1. The existing two (2)-unit dwelling was constructed with an electrical service connection
that was, at such time, determined to comply with the requirements of NBMC Chapter
15.32 (Underground Utilities). No upgrades or changes are required to the existing
service connections.
Finding:
F. The applicant for a condominium conversion shall request a special inspection from the
Building Division for the purpose of identifying any building safety violations. The applicant
shall correct all identified safety violations prior to the approval of a final map for the
condominium conversion.
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Fact in Support of Finding:
1. A special inspection form was completed on August 8, 2022, by the Building Inspector.
The duplex was recently finalized by the building inspector in June 15, 2022, so the
building inspector completed the form based on the final of the duplex. The duplex was
constructed and finalized with all of the required minimum standards of the Uniform
Housing Code as adopted by the City of Newport Beach. There are no corrections
required.
Finding:
G. Permanent lot stakes and tags shall be installed at all lot corners by a licensed surveyor or
civil engineer unless otherwise required by the City Engineer.
Fact in Support of Finding:
1. As conditioned, the project will comply with this requirement prior to the recordation of
the final parcel map.
Finding:
H. For residential conversions, the project shall be consistent with the adopted goals and
policies of the General Plan, particularly with regard to the balance and dispersion of
housing types within the City.
Facts in Support of Finding:
1. The project site is designated as RT (Two Unit Residential) by the Land Use Element of
the General Plan. The existing two (2)-unit dwelling is consistent with the RT land use
category, which is intended to provide for two (2)-unit dwelling units such as duplexes
and townhomes. Thus, the project is consistent with the adopted goals and policies of
the Land Use Element and other Elements of the General Plan.
2. The existing two (2)-unit dwelling will be converted into a two (2)-unit condominium. The
residential density on the site will remain the same.
Finding:
I. The establishment, maintenance, or operation of the use or building applied for shall not,
under the circumstances of the particular case, be detrimental to the health, safety, peace,
comfort, and general welfare of persons residing or working in the neighborhood of such
proposed use or be detrimental or injurious to property and improvements in the
neighborhood or the general welfare of the City.
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Facts in Support of Finding:
1. The application of the project as conditioned will ensure the health, safety, peace,
comfort, and general welfare of persons residing or working in the neighborhood and
the City.
2. The requested application is to convert an existing two (2)-unit dwelling into two (2)
condominiums for individual sale of the units on property located within the R-2 Zoning
District.
3. Public improvements will be required of the Applicant per the Municipal Code and the
Subdivision Map Act.
Tentative Parcel Map
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of Title 20 of the Newport Beach Municipal Code and is approved
based on the following findings per Section 19.12.070 (Required Findings for Action on
Tentative Maps) of Title 19:
Finding:
J. 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
two (2)-unit dwellings will comply with current condominium standards. 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 property is not located within a specific plan area.
Finding:
K. The site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The lot is physically suitable for two (2)-unit development because it is regular in
shape. The property has been developed with 2 units since the 1950s.
2. The subject property is accessible from the alley at the rear and is adequately served
by existing utilities.
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Finding:
L.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 ortheir 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 environmentalimpact report.
Fact in Support of Finding:
1.This project has been reviewed, and it has been determined that it qualifies for a Class1 and Class 15 categorical exemption pursuant to Title 14 of the California Code of
Regulations (Sections 15301 and 15315, Division 6, Chapter 3 Guidelines for
Implementation of the California Environmental Quality Act).
a.Class 1 exempts the operation, repair, maintenance, permitting, leasing,licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no
expansion of use beyond that existing at the time of the lead agency’sdetermination. The proposed project consists of the conversion of an existing3,528-square-foot, two (2)-unit dwelling with attached four (4)-cargaraged/covered parking and involves no new construction to expand or
enlarge the existing units. The conversion of the two (2)-unit dwellings into
condominiums will allow the units to be sold separately.
b.Class 15 exempts the division of property in urbanized areas zoned forresidential, 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 parcelsare available, the parcel was not involved in a division of a larger parcel withinthe previous two (2) years, and the parcel does not have an average slopegreater than 20 percent. The existing two (2)-unit dwelling is a permitted use
and minimal physical improvements are necessary to allow the requested
condominium conversion for the individual sale of the units. The site has notbeen subject to a prior subdivision and does not have a slope of greater than20 percent.
Finding:
M.The design of the subdivision or the type of improvements is not likely to cause serious
public health problems.
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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 applicant per Section 19.28.010 (General
Improvement Requirements) of the Municipal Code 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:
N. 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 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 the 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. The design of the development will not conflict with easements acquired by the public
at large, for access through, or use of property within the proposed development,
because there are no public easements located on the property.
Finding:
O. The 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 is developed for residential use and lies in a Zoning District that permits
residential uses.
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Finding:
P. 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.
Finding:
Q. 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 Building Code which 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:
R. 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 is consistent with 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.
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Finding:
S. 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 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:
T. 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 (3) 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 and
condominium conversion application. The project complies with the certified Local
Coastal Program (LCP) and public access and recreation policies of Chapter 3 of the
Coastal Act. The Facts in Support of Findings U and V for the Coastal Development
Permit (below) are hereby incorporated by reference.
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:
U. 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. The
existing 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.
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2. The property is located in an area known for the potential for 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 1,700 feet from the harbor
and is not near any natural landforms or environmentally sensitive areas.
Finding:
V. 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 requirement and the project’s impact and be proportional to the impact. In
this 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 for 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. The Tentative Parcel Map is for a property that is over 1,700 feet from the harbor and
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 Sections
15301 and 15315 under Class 1 (Existing Facilities) and 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.
2. The Zoning Administrator of the City of Newport Beach hereby approves Condominium
Conversion No. CC2022-001, Tentative Parcel Map No. NP2022-007, and Coastal
Development Permit No. CD2022-036, 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 14 days following the date this Resolution
was adopted 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
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(Subdivisions) and Title 21 (Local Coastal Program Implementation Plan). Final action
taken by the City on the coastal development permit may be appealed to the Coastal
Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title
14 California Code of Regulations, Sections 13111 through 13120, and Section 30603
of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 25th DAY OF AUGUST, 2022.
_____________________________________
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. The applicant shall obtain a building permit for the condominium conversion. The
building permit for the condominium conversion shall not receive final inspection until
after the recordation of the parcel map.
3. The Applicant shall comply with all federal, state, and local laws. A material violation of
any of those laws in connection with the use may be cause for revocation of this
approval.
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 and Title 21 of the NBMC.
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 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 417 Heliotrope Ave. LLC Residential Condominiums including, but not
limited to, Condominium Conversion No. CC2022-001, Tentative Parcel Map No.
NP2022-007, and Coastal Development Permit No. CD2022-036 (PA2022-137). This
indemnification shall include, but not be limited to, damages awarded against the City, if
any, costs of suit, attorney’s 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 the City's costs, attorneys' fees, and damages, which the 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, NAVD83). 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 the said map in a manner described in Sections 7-
9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County
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Subdivisions Manual, Subarticle 18. The Map to be submitted to the City of Newport
Beach shall comply with the City’s CADD Standards. Scanned images will not be
accepted.
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 the 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 Heliotrope Avenue and
First Avenue frontage and any damaged concrete alley panels along the alley property
frontage shall be reconstructed as determined by the Public Works Department.
10.A new 4-foot-wide concrete sidewalk along the First Avenue Frontage shall be installed.
11.A new ADA-compliant curb access ramp shall be constructed at the Heliotrope
Avenue/First Street Avenue curb return.
12.A 10-foot radius corner cut-off easement for street and public utility purposes at the
Heliotrope Avenue/First Avenue curb return shall be recorded as a part of the parcel
map.
13.Each unit shall be served by its water meter and sewer lateral and cleanout. Each water
meter and sewer cleanout shall be installed with a traffic-grade box and cover.
14.All existing overhead utilities shall be undergrounded.
15.No above-ground improvements are permitted within the 5-foot alley setback area.
16.An encroachment permit is required for all work activities within the public right-of-way.
17.All improvements shall comply with the City’s sight distance requirement. See City
Standard 110-L.
18.All existing private, non-standard improvements within the public right-of-way and/or
extensions of private, non-standard improvements into the public right-of-way fronting
the development site shall be removed.
19.All on-site drainage shall comply with the latest City Water Quality requirements.
17
Zoning Administrator Resolution No. ZA2022-###
Page 14 of 14
10-18-21
20. 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
21. Independent utility services shall be provided for each unit.
22. If fire sprinklers are required now or in the future, then independent fire risers shall be
required for each unit.
23. All construction activities shall comply with the California Code of Regulations.
18
Attachment No. ZA 2
Vicinity Map
19
VICINITY MAP
Condominium Conversion No. CC2022-001,
Tentative Parcel Map No. NP2022-007 and
Coastal Development Permit No. CD2022-036
(PA2022-137)
417 and 417 ½ Heliotrope Avenue
Subject Property
20
Attachment No. ZA 3
County Tentative Parcel Map No. 2021-139
Tentative Parcel Map No. NP2022-007
21
1
5
ALLEYCL
HELIOTROPE AVENUECL
F
I
R
S
T
A
V
E
N
U
E
CL
LOT 17
BLOCK 334
CORONA
DEL MAR
M.M. 3/41-42
LO
T
1
5
N40°33'15"E 30.01'
N
4
9
°
2
6
'
0
8
"
W
1
1
7
.
9
9
'
N
4
9
°
2
2
'
5
7
"
W
1
1
7
.
9
7
'
N40°31'49"E 29.90'
LOT 17
BLOCK 334
CORONA DEL MAR
M.M. 3/41-42
SITE ADDRESS
417 HELIOTROPE AVENUE
CORONA DEL MAR, CA 92625
(APN: 459-172-10)
SHEET 1 OF 1
TENTATIVE PARCEL
MAP NO. 2021-139
APRIL 2022
SCALE = 1" = 16'
HUNTINGTON BEACH, CALIFORNIA 92646PHONE:(714)488-5006 FAX:(714)333-4440
APEXLSINC@GMAIL.COM
PREPARED BY: A. R. H.
PAUL D. CRAFT, P.L.S. 8516
LICENSE EXPIRES 12/31/22
OWNER/DEVELOPER:
417 HELIOTROPE AVE. LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY
THE LAND REFERRED TO HEREIN BELOW IS
SITUATED IN THE COUNTY OF ORANGE, STATE
OF CALIFORNIA, AND DESCRIBED AS
FOLLOWS:
LOT 17 IN BLOCK 334 OF CORONA DEL MAR IN
THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 3, PAGES 41-42 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE
COUNTY.
Exp. 12/31/22
No. 8516PROFESSIONALLAND
S
U
R
V
E
YORPAUL
D O M INICK
C
R
A
FT
S
T
ATE OF CAL I F O R NIA
DATE
JN: 21050
7/1/2022
PA2022-137
22