HomeMy WebLinkAbout02_Wolverton Residential Condominiums Tentative Parcel Map_PA2022-0308CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 13, 2023
Agenda Item No. 2
SUBJECT: Wolverton Residential Condominiums (PA2022-0308)
▪Tentative Parcel Map
▪County Tentative Parcel Map No. 2022-136
SITE LOCATION: 602 and 602 ½ Iris Avenue
APPLICANT: RDM Surveying, Ron Miedema
OWNER: Richard W. Wolverton and Deana Wolverton
PLANNER: Oscar Orozco, Assistant Planner
949-644-3219, oorozco@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 a two (2)-unit residential 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.
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 the Tentative Parcel
Map (Attachment No. ZA 1).
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DISCUSSION
• The property is located within 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 (2)-units (i.e., a duplex) on a single legal lot. A duplex has been
demolished (Building Permit No. X2019-4045) and a new duplex is under
construction (Building Permit No. X2019-4040).
• Variance No. PA2016-159 was approved on March 9, 2017, which allows portions of
the new duplex to exceed the maximum height limit, to encroach into the required
15-foot third-floor setback, and a raised walkway that is greater than 18-inches in
height from the existing grade and related improvements within the required side
setbacks.
• The property measures 30-feet wide by 118-feet deep. It is in an already-developed
neighborhood and is adequately served by existing utilities.
• With the exception of approved Variance No. VA2016-004 (PA2016-159), the new
duplex conforms to all applicable development standards, including floor area limit,
setbacks, 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, and
includes separated garage parking.
• The project includes conditions of approval requiring public improvements,
including the reconstruction of sidewalks, curbs and gutters along the Iris Avenue
frontage, as needed, as well as the undergrounding of utilities, and the installation
of new landscape along the Iris Avenue parkway, consistent with Title 19
(Subdivisions).
• This condominium project is not subject to the assessment of Fair Share Fees and
In-Lieu Park Dedication fees as the project does not result in the net increase of
residential units.
• 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.
• 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
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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 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 action. For additional information on filing an appeal, contact the
Planning Division at 949-644-3200.
Prepared by:
CC/oo
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 County Tentative Parcel Map No. 2022-136
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2023-####
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A
TENTATIVE PARCEL MAP FOR TWO (2)-UNIT RESIDENTIAL
CONDOMINIUM PURPOSES LOCATED AT 602 AND 602 ½ IRIS
AVENUE (PA2022-0308)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Ron Miedema of RDM Surveying (Applicant), with respect to
property located at 602 and 602 ½ Iris Avenue, and legally described as Lot 4 of Block
636, of the Corona del Mar Tract requesting approval of a tentative parcel map for
condominium purposes.
2. The Applicant requests a tentative parcel map for two (2)-unit residential condominium
purposes. A 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 Newport
Beach Municipal Code (NBMC) Title 19 (Subdivisions) are proposed.
3. The subject property is located within the Two-Unit Residential (R-2) Zoning District and
the General Plan Land Use Category is Two Unit Residential (RT).
4. The subject property is not located within the coastal zone; therefore, a coastal
development permit is not required.
5. A public hearing was held on April 13, 2023, 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
parcel does not have an average slope greater than 20 percent. The project meets all
identified criteria; therefore, it is eligible for the Class 15 Exemption.
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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 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.
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 regular in shape and size. An
existing duplex has been demolished and a new duplex is under construction.
2.The subject property is accessible from both Iris Avenue and the alley in the rear.
3.The site is adequately served by existing utilities, as it was previously developed with
a duplex and there is no increase in density.
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
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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.
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.
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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.
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 meet minimum heating and
cooling efficiency standards depending on location and climate. The City’s Building
Division enforces Title 24 compliance through the plan check and inspection
process.
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Finding:
I.That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City’s share of the regional
housing need and that it balances the housing needs of the region against the public service
needs of the City’s residents and available fiscal and environmental resources.
Fact in Support of Finding:
1.The 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
residential 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 project wastewater is designed to 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 3 of the Coastal Act.
Fact in Support of Finding:
1.The subject property is not within the Coastal Zone.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
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2. The Zoning Administrator of the City of Newport Beach hereby approves the Tentative
Parcel Map (PA2022-0308), subject to the conditions set forth in Exhibit “A,” which is
attached hereto and incorporated by reference.
3. This action shall become final and effective 10 days after the adoption of this Resolution
unless within such time an appeal or call for review is filed with the Director of
Community Development in accordance with the provisions of NBMC Title 19
Subdivisions.
PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF APRIL 2023.
_____________________________________
Benjamin M. Zdeba, AICP, 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.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
development from “duplex” to “condominium.” The development will not be
condominiums until this description change permit is final.
3.Prior to the final inspection of the building permit for new construction, the parcel map
shall be recorded.
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
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 Wolverton Residential Condominiums including, but not limited to
Tentative Parcel Map (PA2022-0308). 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.
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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 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 Section 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Sub-article 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 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.An encroachment permit shall be required for all work activities within the public right-
of-way.
11.Reconstruct the existing broken and/or otherwise damaged concrete curb and gutter
along the Iris Avenue frontage and alley panels along the alley frontage per City
Standard.
12.Install a 4-foot-wide minimum sidewalk along the Iris Avenue project frontage.
13.Remove all private encroachments within the Iris Avenue project frontage.
14.Each unit shall be served by its individual water service/meter and sewer
lateral/cleanout. Each water meter and sewer cleanout shall be installed with a traffic-
grade box and cover.
15.All existing overhead utilities shall be undergrounded.
16.Install new sod or low groundcovers of the type approved by the City throughout the Iris
Avenue parkway fronting the development site.
17.Install a new 36-inch box street tree along the Iris Avenue parkway.
18.All improvements shall comply with the City’s sight distance requirement. See City
Standard 110.
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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.
Fire
20.A National Fire Protection Association (NFPA) 13D sprinkler system is required
throughout the development, with a separate water meter for each unit.
21.The development requires standard application of Section 907.2.11.2 of the 2022
California Fire Code.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Tentative Parcel Map
(PA2022-0308)
602 and 602 ½ Iris Avenue
Subject Property
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Attachment No. ZA 3
County Tentative Parcel Map No. 2022-136
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