HomeMy WebLinkAboutZA2024-031 - APPROVING A TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT FOR A TWO-UNIT RESIDENTIAL CONDOMINIUM PROJECT LOCATED AT 506 AND 506 ½ AVOCADO AVENUE (PA2023-0201)01-10-2023
RESOLUTION NO. ZA2024-031
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING A TENTATIVE
PARCEL MAP AND COASTAL DEVELOPMENT PERMIT FOR A
TWO-UNIT RESIDENTIAL CONDOMINIUM PROJECT LOCATED
AT 506 AND 506 ½ AVOCADO AVENUE (PA2023-0201)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Betty Gulezyan of I D L Home Inc. (Applicant), concerning
property located at 506 and 506 ½ Avocado Avenue, which is legally described as Lot
31 of Tract No. 682 (Property).
2.The Applicant requests a tentative parcel map and coastal development permit for two-
unit condominium purposes. The property owner has partially demolished the
existing residential duplex and proposes to construct a new two-unit residential
condominium building. No waivers of the Newport Beach Municipal Code (NBMC) Title
19 (Subdivisions) are proposed. The tentative parcel map would allow each unit to be
sold individually. A coastal development permit (CDP) is required because the project
site is located within the coastal zone.
3.The 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 Property is located within the coastal zone. The Coastal Land Use Plan category
is Two Unit Residential (20.0-29.9 DU/AC) (RT-D) and it is located within the Two-
Unit Residential (R-2) Coastal Zoning District.
5.A public hearing was held on May 16, 2024, online via Zoom. A notice of the time,
place, and purpose of the hearing was given by 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 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
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parcel does not have an average slope greater than 20%. The Project is for a two-unit
condominium subdivision that will conform to all development standards and is therefore
consistent with and eligible for the Class 15 Exemption.
SECTION 3. REQUIRED FINDINGS.
Tentative Parcel Map
In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the
Newport Beach Municipal Code, the following findings, and facts in support of such findings,
are set forth:
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 condominium purposes. The property owner has
partially demolished the existing residential duplex and proposes to construct a new two-
unit residential condominium building. The condominium map will allow for the separate
sale of each unit in the future. The proposed subdivision and improvements are
consistent with density of the R-2 Zoning District and the Two Unit Residential (RT)
General Plan Land Use designation.
2. The 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 Property is physically suitable for attached residential dwellings, as it is regular in
shape and size with access to both Avocado Avenue and the alley in the rear. The
Property was recently developed with a residential duplex that has now been partially
demolished and will be replaced with an attached, two-unit residential condominium.
2. The Property is accessible by pedestrians from Avocado Avenue at the front property
line and from the alley abutting the rear property line. Vehicular access is available from
the alley.
3. The Property is adequately served by existing utilities, including electrical, water, and
sewer. Per Conditions of Approval Nos. 16, 18, and 20 separate utility connections shall
be required for each condominium unit including fire sprinkler lines.
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4. There is no proposed change in density. The Property has been developed with two
residential units and is being redeveloped with two new residential units, resulting in no
net change of residential dwelling units.
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 a developed 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.
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 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. The Project shall comply
with all ordinances of the City and all Conditions of Approval.
2.The Project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the Avocado Avenue frontage and
alley, as needed. Existing improvements (pavers) within the Avocado Avenue parkway
will be removed and replaced with new turf or drought tolerant landscaping. A new 36”
box street tree shall be planted within this parkway along the Avocado Avenue frontage.
The utilities will be undergrounded, consistent with Title 19 (Subdivisions) of the Newport
Beach Municipal Code.
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Finding:
E. 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 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. 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 Property is not designated
as an agricultural preserve and is less than 100 acres in area.
2. The Property is developed for residential use and lies in the R-2 Zoning District, which
permits residential uses.
Finding:
G. 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. The 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
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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. Solar access and passive heating and cooling design requirements have been satisfied
in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act.
Fact in Support of Finding:
1. The tentative parcel map and any future improvements are subject to Title 24 of the
California Code of Regulations (the California Building Code) 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:
I. 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 residential condominium project 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.
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Finding:
K. For subdivisions lying partly or wholly within the coastal zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public
access and recreation policies of Chapter Three (3) of the Coastal Act.
Fact in Support of Finding:
1. The Property is located within the coastal zone; therefore a CDP is required in
conjunction with the proposed tentative parcel map. 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 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 NBMC, 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.
The proposed subdivision and improvements are consistent with the density of the R-2
Coastal Zoning District.
2.The neighborhood is predominantly developed with two-story, residential buildings. The
proposed subdivision, which will allow for a two-unit residential condominium, is
consistent with the existing neighborhood pattern of development.
3.The Property is in an area known for the potential of seismic activity and liquefaction. All
projects are required to comply with the California Building Code (CBC) and Building
Division standards and policies.
4.The tentative parcel map is for a property that is over 1,000 feet from the bay and is not
near any natural landforms or environmentally sensitive areas.
Finding:
M. Conforms with 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.
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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 proposes a two-unit residential condominium map on a property that was
recently developed with a residential duplex. Therefore, 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, future site development shall be
required to comply with applicable development standards 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 1,000 feet from the bay and the
approval of the map will not affect public recreation, access, or views. There are several
streets and blocks of residential properties between the subject property and the bay.
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 under Section 15315
under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant
effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves the Tentative
Parcel Map and Coastal Development Permit (PA2023-0201), subject to the conditions
outlined in Exhibit “A” which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Program [LCP] Implementation Plan) and Title 19 (Subdivisions) of the Newport Beach
Municipal Code. The project site is not located within the appeal area of the coastal zone;
therefore, final action by the City may not be appealed to the California Coastal
Commission.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF MAY 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. Approval of this project does not constitute approval or implied approval for any future
property development permits, including but not limited to demolition permits, coastal
development permits, grading permits, or building permits.
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 (Local Coastal
Implementation Plan) 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 506 Capital Group LLC. Condominiums
including, but not limited to Tentative Parcel Map and Coastal Development Permit
(PA2023-0201). 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. Prior to the final inspection of the building permit for new construction, 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
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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 Section s 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Sub article 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 construction project.
8. After the recordation of the Parcel Map and prior to the 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.
9. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
10. An encroachment permit is required for all work activities within the public right-of-way.
11. All damaged sidewalk panels, curb, gutter, sidewalk, and street along Avocado Avenue
and any damaged concrete panels along the alley frontage shall be reconstructed as
determined by the Public Works Department.
12. Prior to the recordation of the parcel map, all existing overhead utilities shall be
undergrounded.
13. Remove the brick pavers from the Avocado Avenue parkway and install new turf or
drought tolerant landscaping.
14. A new 36” box street tree shall be planted within the parkway along the Avocado Avenue
frontage.
15. All improvements shall comply with the City’s sight distance requirement per City
Standard 110-L.
16. 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.
17. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right-of-way could be
required at the discretion of the Public Works Inspector.
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Building Division
18. Prior to the recordation of the parcel map, separate utilities shall be provided for each unit,
including water, electrical and gas.
Fire Department
19. A NFPA 13D fire sprinkler system shall be required for the Project.
20. Each unit shall have their own dedicated water meter for the fire sprinkler system.