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HomeMy WebLinkAboutZA2024-032 - APPROVING A TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT FOR A TWO-UNIT RESIDENTIAL CONDOMINIUM LOCATED AT 516 AND 516 ½ ACACIA AVENUE (PA2024-0012)RESOLUTION NO. ZA2024-032 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 LOCATED AT 516 AND 516 ½ ACACIA AVENUE (PA2024-0012) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Amber Miedema (Applicant), concerning property located at 516 and 516 ½ Acacia Avenue, legally described as Lot 20 in Block 529 of the Corona Del Mar Tract (Property), requesting approval of a tentative parcel map and coastal development permit. 2. The Applicant requests a tentative parcel map and coastal development permit (CDP) for two-unit condominium purposes. The property owner has demolished the existing residential duplex and proposes to construct a new two-unit residential condominium building. No waivers of Title 19 (Subdivisions) of the Newport Beach Municipal Code (NBMC) are proposed. The tentative parcel map would allow each unit to be sold individually. A CDP is required because the Property is located within 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 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 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 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 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 2 years, and the parcel does not have an average slope greater than 20. The Project is for the separate sale of two-unit Zoning Administrator Resolution No. ZA2024-032 Page 2 of 10 condominiums 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 (NBMC), 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 Project is for two-unit condominium purposes. The property owner has demolished the existing residential duplex and proposes to construct a new two-unit residential condominium building. The parcel 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 (Two-Unit Residential) Zoning District and the RT (Two Unit Residential) 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. Fact 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 Acacia Avenue and the alley in the rear. The Property is currently developed with a residential duplex which the owner proposes to demolish and redevelop with an attached, two-unit residential condominium. 2. The Property is accessible by pedestrians from Acacia 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. 15, 20, and 21, separate utility connections shall be required for each condominium unit including fire sprinkler lines. Zoning Administrator Resolution No. ZA2024-032 Page 3 of 10 4. There is no proposed change in density. The Property is currently developed with two residential units and will be redeveloped with two 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 Project 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 includes conditions of approval requiring public improvements, including the reconstruction of sidewalks, curbs, and gutters along the Acacia Avenue frontage and along the alley frontages as needed. Any existing private improvements within the public right of way will be removed, and installation of new turf or drought tolerant landscaping throughout the entire Acacia Avenue parkway will be required. The utilities will be undergrounded, consistent with Title 19 (Subdivisions) of the Newport Beach Municipal Code. Zoning Administrator Resolution No. ZA2024-032 Page 4 of 10 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 Project 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 Zoning Administrator Resolution No. ZA2024-032 Page 5 of 10 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 Project is consistent with the R-2 Zoning District, which allows up to 2 residential units on the Property. Therefore, the Project 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 Three of the Coastal Act. Zoning Administrator Resolution No. ZA2024-032 Page 6 of 10 Fact in Support of Finding: 1. The Property is located within the coastal zone. Therefore, a coastal development permit (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 property is located within an area of the coastal zone that is exempt from obtaining approval for a coastal development permit for specific types of development. This Categorical Exclusion Order (CEO) area allows for the demolition of residential structures and construction of a new two-unit residential structure without obtaining a coastal development permit, contingent upon providing notice of categorical exclusion to the Coastal Commission. The City provided the Coastal Commission Categorical Exclusion Order No. CEO2023-0011 on January 27, 2023, which consequently expired on March 3, 2023. 2. 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. 3. 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. 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. 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 Zoning Administrator Resolution No. ZA2024-032 Page 7 of 10 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 currently 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 approximately 1,300 feet north of the harbor and is not near any natural landforms or environmentally sensitive areas. The approval of the tentative parcel map will not affect public views, as an existing duplex will be replaced with a new two-unit condominium building. 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 (PA2024-0012), 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 this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director by the provisions of Title 21 Local Coastal Program (LCP) Implementation Plan, of the Newport Beach Municipal Code. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Chapters 19.12 and 21.64. A fee is not required to appeal any final action on a coastal development permit to the Planning Commission. 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. _____________________________________ Benjamin M. Zdeba, AICP, Zoning Administrator Zoning Administrator Resolution No. ZA2024-032 Page 8 of 10 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. Prior to recordation of the final parcel map, the existing residential duplex shall be demolished. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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 Porteous Residential Condominiums including, but not limited to Tentative Parcel Map and Coastal Development Permit (PA2024-0012). 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. Zoning Administrator Resolution No. ZA2024-032 Page 9 of 10 Public Works Division 8. 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 be submitted to the City of Newport Beach shall comply with the City’s CADD Standards. Scanned images will not be accepted. 9. 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 (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. 10. All improvements shall be constructed as required by Ordinance and the Public Works Department. 11. An encroachment permit shall be required for all work activities within the public right- of-way. 12. All existing broken and/or otherwise damaged concrete curb, gutter and sidewalk panels along the Acacia Avenue and any damaged concrete panels along the alley frontages shall be reconstructed. 13. Prior to the recordation of the parcel map, all existing overhead utilities shall be undergrounded. 14. 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. 15. Each unit shall be served by its individual water service/meter and sewer lateral/cleanout. 16. All improvements shall comply with the City’s sight distance requirement. See City Standard 110-L. 17. New turf or drought tolerant landscaping throughout the entire Acacia Avenue parkway shall be installed. Zoning Administrator Resolution No. ZA2024-032 Page 10 of 10 18. Additional reconstruction within the public right-of-way shall be required at the discretion of the Public Works Inspector in case of damage is done to public improvements surrounding the development site by the private construction. Fire Division 19. Fire sprinklers shall be required according to the California Fire Code and NFPA 13D Standard. 20. Fire sprinklers shall be on separate water meters. Building Division 21. Prior to the recordation of the parcel map, duplex shall be serviced by separate utilities (water, electrical, and gas).