HomeMy WebLinkAbout02_716 Orchid Development, LLC Tentative Parcel Map_PA2022-0164CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 13, 2022
Agenda Item No. 2
SUBJECT: 716 Orchid Development, LLC (PA2022-0164)
▪Tentative Parcel Map
▪County Tentative Parcel Map No. 2022-143
SITE LOCATION: 716 and 716 ½ Orchid Avenue
APPLICANT/
OWNER: 716 Orchid Development, LLC - Sumeet Srivastava
PLANNER: Jenny Tran, Assistant Planner
949-644-3212, jtran@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 residential condominium purposes. An existing
duplex has been demolished and a new duplex is under construction. The tentative parcel
map would allow each unit to be sold individually. No waivers of Title 19 (Subdivisions)
standards 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
(Attachment No. ZA 1).
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DISCUSSION
•The property is in the R-2 (Two-Unit) Residential Zoning District. The R-2 District
is intended to provide areas appropriate for residential development of up to two
units (i.e., a duplex) on a single legal lot. A new duplex is under construction and
the proposed for-sale condominium units are consistent with the R-2 Zoning
designation.
•The existing general plan land use designation is RT (Two Unit Residential). This
use is not proposed to be changed by the proposed improvements. The duplex
under construction and two (2)-unit condominiums proposed by this map are
consistent with this land use designation.
•The property measures 30 feet wide by 118 feet deep and is relatively flat. It is in
an already developed neighborhood and is adequately served by existing utilities.
•The new duplex will conform to all applicable development standards, including
floor area limit, setbacks, height, and off-street parking. Each unit will be served by
individual water meters, sewer laterals, cleanouts, fire risers, and separate garage
parking.
•The project has been conditioned to require public improvements including the
reconstruction of sidewalks, curbs, and gutters along the Orchid Avenue frontages
and alley, as needed. Utilities will be undergrounded, consistent with Title 19
(Subdivisions) of the Newport Beach Municipal Code (NBMC).
•The new duplex under construction was reviewed and approved by all City
Departments. All wastewaters will discharge into the existing sewer system, it
complies with Regional Water Quality Control Board (RWQCB) requirements.
•The proposed subdivision and improvements are consistent with the development
standards of the Zoning Code and the policies of the General Plan.
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,
and all services and access to the proposed parcels are available, the parcel was not
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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 project is consistent with and
eligible for the Class 15 exemption.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 10 days
following the date of the action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
____________________________
Jenny Tran, Assistant Planner
MKN/jt
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 County 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 A TENTATIVE PARCEL MAP FOR A TWO (2)-UNIT RESIDENTIAL CONDOMINIUM PURPOSES LOCATED AT 716 AND 716 ½ ORCHID AVENUE (PA2022-0164)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Sumeet Srivastava of 716 Orchid Development, LLC, with
respect to the property located at 716 and 716 ½ Orchid Avenue, and legally described asLot 18, Block 742, of the Corona del Mar Tract, requesting approval of a tentative parcelmap for condominium purposes.
2.The applicant proposes a tentative parcel map for two (2)-unit condominium purposes. A
duplex has been demolished and a new duplex is under construction. The tentative parcelmap would allow each unit to be sold individually. No waivers of Newport Beach MunicipalCode (NBMC) Title 19 (Subdivisions) are proposed.
3. The subject property is designated Two Unit Residential (RT) by the General Plan Land
Use Element and is located within the Two-Unit Residential (R-2) Zoning District.
4.The subject property is not located within the coastal zone; therefore, a coastaldevelopment permit is not required.
5.A public hearing was held on October 13, 2022, online via Zoom. A notice of time, place,and purpose of the hearing was given in accordance with the Newport Beach MunicipalCode. Evidence, both written and oral, was presented to and considered by, the ZoningAdministrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1.This project is exempt from the California Environmental Quality Act (CEQA) pursuant toSection 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 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 parcels are available, the parcel wasnot involved in a division of a larger parcel within the previous two (2) years, and theparcel does not have an average slope greater than 20 percent. The tentative parcel
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map is for a two-unit condominium and will conform to all development standards, and therefore, is eligible for the Class 15 Exemption.
SECTION 3. REQUIRED FINDINGS. The Zoning Administrator determined in this case that the tentative parcel map is consistent with the legislative intent of NBMC Title 20 (Planning and Zoning) and is approved based on
the following findings per 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. The project site was previously developed as a duplex. The site is currently under construction with a new duplex and the proposed subdivision and improvements will continue to be consistent with the density of the R-2 Zoning District and the current RT
General Plan Land Use designation.
2. The subject property is not located within a specific plan area. 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 two (2)-unit residence. 2. The subject property is accessible from Orchid Avenue and the alley in the rear.
3. The site is adequately served by existing utilities, as the site was previously developed
with a two (2)-unit residence. 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
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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 CEQAGuidelines. 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 seriouspublic health problems.
Facts in Support of Finding:
1.The project has been conditioned to require public improvements, including thereconstruction of sidewalks, curbs, and gutters along the Orchid Avenue frontage
and alley, as needed. A new street tree will be planted along Orchid Avenue. Utilities
will be undergrounded, consistent with Title 19 (Subdivisions) of the Newport BeachMunicipal Code (NBMC).
2.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 berequired of the developer per NBMC Section 19.28.010 (General ImprovementRequirements) and Section 66411 (Local agencies to regulate and control design ofsubdivisions) 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 use, will be provided and that these
easements will be substantially equivalent to ones previously acquired by the public. Thisfinding 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.
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Fact 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.
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. 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.
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 which requires new construction to meet minimum heatingand cooling efficiency standards depending on location and climate. The City’sBuilding Division enforces Title 24 compliance through the plan check and inspectionprocess.
Finding:
I.That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act andSection 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 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 forcondominium 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 project wastewater is designed to discharge into the existing sewer system andcomplies with the Regional Water Quality Control Board (RWQCB) requirements.
Finding:
K.For subdivisions lying partly or wholly within the Coastal Zone, the subdivision conforms
with the certified Local Coastal Program and, where applicable, with public access andrecreation policies of Chapter 3 of the Coastal Act.
Fact in Support of Finding:
1.The subject property is not located within the Coastal Zone.
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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 iscategorically exempt from the California Environmental Quality Act pursuant to Section15315 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 the tentativeparcel map (PA2022-0164), 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 Resolutionunless within such time an appeal or call for review is filed with the Director ofCommunity Development an appeal is filed with the City Council in accordance with the
provisions of Title 19 (Subdivisions), of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF OCTOBER, 2022.
_____________________________________ Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1.After the recordation of the Parcel Map, the Applicant shall apply for a building permitfor a description change of the subject project development from “duplex” to
“condominium.” The development shall not be condominiums available for individual
sale of the units until this description change permit is final.
2.The building permit for the new construction shall not be final until after the recordationof the Parcel Map.
3.The project is subject to all applicable City ordinances, policies, and standards unlessspecifically waived or modified by the Conditions of Approval.
4.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 tentative
parcel map.
5.This approval shall expire and become void unless exercised within 24 months from theactual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code.
6.To the fullest extent permitted by law, the applicant shall indemnify, defend and holdharmless the 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 courtcosts) of every kind and nature whatsoever which may arise from or in any manner relate(directly or indirectly) to City’s approval of 716 Orchid Development, LLC including, but
not limited to, Tentative Parcel Map (PA2022-0164). This indemnification shall include,
but not be limited to, damages awarded against the City, if any, costs of suit, attorney’sfees, and other expenses incurred in connection with such claim, action, causes of action,suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating orbringing such proceeding. The applicant shall indemnify the City for all of the City's costs,
attorneys' fees, and damages that which City incurs in enforcing the indemnification
provisions set forth in this condition. The applicant shall pay to the City upon demand anyamount owed to the City pursuant to the indemnification requirements prescribed in thiscondition.
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Public Works Department
7.Prior to the issuance of final building permits, a Parcel Map shall be recorded. The Map
shall be prepared on the California Coordinate System (North American Datum of 1983,NAD83). Before the recordation of the Map, the surveyor/engineer preparing the map shallsubmit to the County Surveyor and the City of Newport Beach a digital-graphic file of thesaid 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 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 the 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 CountySubdivision 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 approvedby the Subdivision Engineer. Monuments shall be protected in place if installed before
completion of the construction project.
9.All improvements shall be constructed as required by Ordinance and the Public WorksDepartment.
10.An encroachment permit is required for all work activities within the public right-of-way.
11.Prior to the issuance of final building permits, the applicant shall reconstruct the existingbroken and/or otherwise damaged concrete curb, gutter, sidewalk along the OrchidAvenue frontage, and any damaged concrete panels along the alley frontage.
12.Prior to the issuance of final building permits, overhead utilities serving the site shall beundergrounded to the nearest appropriate pole in accordance with Section 19.24.140 ofthe Municipal Code.
13.The rear five (5)-foot setback along the alley frontage shall be clear of all above-ground
improvements.
14.Prior to the issuance of final building permits, all existing private, non-standardimprovements 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,
including parkway hardscape.
15.Prior to the issuance of final building permits, the parkway along Orchid Avenue shall belandscaped with turf or drought-tolerant groundcover landscaping.
16.Prior to the issuance of final building permits, the applicant shall install a 36-inch box streettree along the Orchid Avenue frontage. Tree species shall be per City County G-6. Showon the Plans exactly the species/size and location where the new street tree will be planted.
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Final approval shall be with the Municipal Operation Department, General Services Division, before installation.
17. Each unit shall be served by its water service/meter and sewer lateral/cleanout. 18. All improvements shall comply with the City’s sight distance requirement. See City Standard 110-L.
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.
Fire Department
20. A separate fire sprinkler system shall be provided for each unit. 21. A three (3)-foot wide walkway shall be provided on at least one side of the lot(s) from
Orchid Avenue to the alley for Fire Department access.
Building Division 22. Separate utility services are required for each unit.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Tentative Parcel Map
PA2022-0164
716 and 716 ½ Orchid Avenue
716 and 716 ½
Orchid Ave
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Attachment No. ZA 3
County Tentative Parcel Map No. 2022-143
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