HomeMy WebLinkAboutZA2024-025 - APPROVING A TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT FOR TWO-UNIT RESIDENTIAL CONDOMINIUM PURPOSES LOCATED AT 318 AND 318 ½ IRIS AVENUE (PA2024-0044)RESOLUTION NO. ZA2024-025
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING A TENTATIVE
PARCEL MAP AND COASTAL DEVELOPMENT PERMIT FOR
TWO-UNIT RESIDENTIAL CONDOMINIUM PURPOSES
LOCATED AT 318 AND 318 ½ IRIS AVENUE (PA2024-0044)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Matthew Watson (Applicant) on behalf of William McBride
(Owner) with respect to property located at 318 and 318 ½ Iris Avenue and legally
described as Lot 20 of Block 236 of the Corona Del Mar Tract (Property)
2. The Applicant requests a tentative parcel map and coastal development permit for a two-
unit condominium. A duplex has been demolished, and a new duplex is currently under
construction. The tentative parcel map will allow each unit to be sold individually. No
waivers of Newport Beach Municipal Code (NBMC) Title 19 (Subdivisions) are proposed.
A CDP is required because the property is located in the coastal zone (Project).
3. The Property is designated Two Unit Residential (RT) by the General Plan Land Use Plan
and is located within the Two-Unit Residential (R-2) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Two-Unit Residential (RT-D – 20.0-29.9 DU/AC) and it is located within the Two-Unit
Residential (R-2) Coastal Zoning District.
5. A public hearing was held on April 25, 2024, online via Zoom. A notice of the time, place,
and purpose of the hearing was given in accordance with the 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 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%. The tentative parcel map is for a
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two-unit condominium subdivision and will conform to all development standards.
Therefore, the Project is eligible for the Class 15 exemption.
SECTION 3. REQUIRED FINDINGS.
Tentative Parcel Map
The Zoning Administrator determined in this case that the tentative parcel map is consistent
with the legislative intent of the NBMC Title 19 (Subdivisions) 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-unit residential condominium purposes. The RT and
R-2 designations apply to a range of two-family residential dwelling units such as
duplexes and townhomes. The Property was previously developed as a duplex, which
has been demolished. A new duplex is currently under construction. The proposed
subdivision and improvements will continue to be consistent with the density of the RT
and R-2 designations.
2. The Property is not located within a specific plan area.
Finding:
B. The site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The Property 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 currently under
construction, which complies with all requirements of the NBMC Title 20 (Planning and
Zoning) and Title 21 (Local Coastal Program Implementation Plan).
2. The Property is accessible from Iris Ave and the alley in the rear. Vehicular access is
taken from the alley.
3. The Property is adequately served by all existing utilities to accommodate the two new
dwelling units being constructed. The proposed subdivision does not alter the
anticipated utility demand generated from the site.
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Finding:
C. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife
or their habitat. However, notwithstanding the foregoing, the decision-making body may
nevertheless approve such a subdivision if an environmental impact report was
prepared for the project and a finding was made pursuant to Section 21081 of the
California Environmental Quality Act that specific economic, social, or other
considerations make infeasible the mitigation measures or project alternatives identified
in the environmental impact report.
Facts in Support of Finding:
1. The Property is located within an existing residential neighborhood that does not contain
any sensitive vegetation or habit 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.
Facts in Support of Finding:
1. The Project has been conditioned to require public improvements including the
reconstruction of sidewalks, curbs, and gutters along the Iris Avenue frontage and any
damaged concrete panels along the alley frontage, as needed. New turf or drought
tolerant landscaping along in the Iris Avenue public right-of-way shall be installed and
the existing street tree on the Iris Avenue frontage shall be protected in place. The
utilities will be undergrounded, consistent with Title 19 (Subdivisions) of the Newport
Beach Municipal Code (NBMC).
2. The tentative parcel map is for two-unit 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
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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 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 the 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 Property was previously developed for residential use and is located in a Zoning
District that 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.
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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, which requires new construction to 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.
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 two-unit condominiums will replace an existing duplex, which is consistent
with the R-2 Zoning District and does not result in a net decrease in residential density.
Therefore, the tentative parcel map for condominium purposes will not negatively 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 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, 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 Property is located within the coastal zone and a CDP is therefore requested in
conjunction with the proposed tentative parcel map. The Project complies with the
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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.
Coastal Development Permit
In accordance with Section 21.52.015(F) (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 Project is for a tentative parcel map for two-unit residential condominium purposes.
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 not located adjacent to a coastal view road, or public viewpoint as
identified in the Coastal Land Use Plan (CLUP). The Project does not have the potential
to degrade the visual quality of the Coastal Zone or to result insignificant adverse
impacts to public view. The Property is located approximately 1,600 feet from the
Begonia Park which is identified by the CLUP as a public viewpoint; however, due to the
distance to the park and intervening structures, the Project does not negatively impact
the public views of the coast from the park.
3. 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, which includes all required mitigation for seismic hazards.
4. The Project is located approximately 1,600 feet from Corona del Mar State Beach 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 Property is not located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
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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-unit condominium purposes within
the R-2 Coastal Zoning District. 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 Property is approximately 1,600 feet from the Corona del Mar State Beach where
lateral coastal access is provided along Ocean Boulevard. Additionally, vertical access
to the beach is provided nearby on the street ends of Goldenrod and Heliotrope
Avenues, per the Coastal Land Use Plan (CLUP). 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
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 the Tentative
Parcel Map and Coastal Development Permit filed as PA2024-0044, 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
(Subdivisions) and Title 21 (Local Coastal Program Implementation Plan).
PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF APRIL 2024.
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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 inspection, 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. 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 the revocation of this
tentative 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) and Title 21 of the Newport
Beach Municipal Code.
5. Prior to the approval of the final map, a “Purpose Statement” shall be added to the map to
clarify that the map is for two residential condominium units and how common areas will
be owned.
6. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the 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 McBride Residence Condominium Parcel
Map, but not limited to, Tentative Parcel Map and Coastal Development Permit
(PA2024-0044). 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 the applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of the City's costs, attorney’s
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 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 final building permit inspection, 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
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 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 Section 7-9-330 and 7-9-337 of the Orange
County Subdivision Code and Orange County Subdivision Manual, Subarticle 18.
Monuments (one 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.
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. Existing broken and/or otherwise damaged concrete curb, gutter and sidewalk panels
along the Iris Avenue frontage and any damaged concrete panels along the alley
frontage shall be reconstructed.
12. All existing overhead utilities shall be undergrounded.
13. Install turf or drought tolerant landscaping of the type approved the City throughout the
Iris Avenue parkway fronting the Property.
14. Existing street tree along Iris Avenue shall be protected-in-place.
15. Existing non-standard drain within parkway area along the Iris Avenue frontage shall be
removed and replaced with a private drain through curb per City Standard.
16. Each unit shall be served by its individual water service/meter and sewer
lateral/cleanout.
17. In case of damage done to public improvements surrounding the Property 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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Fire Department
18. Prior to the recordation of the Parcel Map, a NFPA 13D fire sprinkler system shall be
provided for each unit.
19. Independent fire sprinkler systems shall be installed for each unit and separately
connect to the water meter that serves each unit.
Building Division
20. Prior to the recordation of the Parcel Map, separate utility services are required for each
unit.