HomeMy WebLinkAbout06_Belt Capital Properties, LLC Condominium Conversion, Tentative Parcel Map, Modification Permit and CDP_PA2020-004CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 12, 2020
Agenda Item No. 6
SUBJECT: Belt Capital Properties, LLC Condominium Conversion (PA2020-004)
x Condominium Conversion No. CC2020-001
x Tentative Parcel Map No. NP2020-001
x Modification Permit No. MD2020-001
x Coastal Development Permit No. CD2020-003
SITE LOCATION: 945 and 947 West Balboa Boulevard
APPLICANT: Belt Capital Properties, LLC
OWNER: Belt Capital Properties, LLC
PLANNER: Liane Schuller, Planning Consultant
949-644-3200, lschuller@newportbeachca.gov
LAND USE AND ZONING
x General Plan: RT (Two-Unit Residential)
x Zoning District : R-2 (Two-Unit Residential)
x Coastal Land Use Category: RT-D (Two-Unit Residential) (20.0-29.9 DU/AC)
x Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
A request for a condominium conversion, tentative parcel map, modification permit and
coastal development permit to convert an existing 6,046-square-foot, two-unit dwelling
into a condominium project for individual sale of the units. A modification permit is
requested to maintain garage parking spaces with a width of 9 feet 3 inches and depth of
19 feet, and carport parking spaces with a width of 8 feet 3 inches and depth of 18 feet,
whereas a width of 10 feet and depth of 20 feet is required. The existing development
complies with all other applicable development standards including height, setbacks, and
floor area limits.
RECOMMENDATION
1)Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 and 15315 under Class 1 (Existing Facilities) and Class
15 (Minor Land Divisions) of the CEQA Guidelines, because it has no potential to have
a significant effect on the environment; and
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3) Adopt Draft Zoning Administrator Resolution No. _ approving Condominium
Conversion No. CC2020-001, Tentative Parcel Map No. NP2020-001, Modification
Permit No. MD2020-001 and Coastal Development Permit No. CD20120-003
(Attachment No. ZA 1).
DISCUSSION
x The subject property is a topographically flat, approximately 5,677-square-foot
parcel located on the south side of Balboa Boulevard, east of 10th Street, on the
Balboa Peninsula.
x A Certificate of Compliance was issued on April 14, 2009, recognizing the property
as compliant with the State Subdivision Map Act. Approval and recordation of the
requested subdivision will supersede the existing certificate of compliance.
x The property is designated for two-unit residential use by the General Plan and
Zoning Code. The existing development is consistent with this designation and a
tentative parcel map and condominium conversion for individual sale of the units
does not change the use or density on the property.
x The existing two-unit dwelling was constructed in 2009. No new construction is
proposed in conjunction with the current application. Approval of the application
will convert the two-unit dwelling into two condominiums and allow individual sale
of the units.
x The condominium project will conform to current Newport Beach Municipal Code
requirements and meet all Title 19 standards.
x A special inspection was conducted on February 10, 2020, and the building
inspector noted no deficiencies in existing building conditions or compliance to
minimum standards for the condominium conversion.
x A one-car garage and a covered one-car parking space are provided for each unit,
which satisfies the off-street parking requirements of Chapter 20.40 (Off-Street
Parking) of the Municipal Code.
x The project site is approximately 47 feet in width. Each garage space measures 9
feet 3 inches in width and 19 feet in depth. Each covered (carport) parking space
measures 8 feet, 3 inches in width and 18 feet in depth. Approval of a modification
permit is requested to maintain the existing parking space dimensions, which
deviate from the minimum 10-foot width and 20-foot depth required on a lot
exceeding 40 feet in width. Nonconforming parking dimensions are common on
the Balboa Peninsula where the code required parking dimensions were modified
in 2010 to require additional parking space size for lots wider than 30 feet. Zoning
Code Section 20.52.050(B)(3)(d) authorizes the Zoning Administrator to approve
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modifications to the size and location of parking spaces, subject to specific
findings. Complete findings and facts in support are enumerated in the draft
resolution (Attachment No. ZA 1).
x Public improvements will be required of the applicant per the Municipal Code and
Subdivision Map Act. Conditions of approval have been incorporated to require all
necessary public improvements including, but not limited to, curb, gutter and
sidewalk along Balboa Boulevard in accordance with the Subdivision Code.
x The parcel map is subject to a Coastal Development Permit and conforms to Title
21 Local Coastal Program Implementation Plan in the Municipal Code. The parcel
map will meet the required findings found in Section 21.52.015(F) (Findings and
Decision). Complete findings and facts in support are enumerated in the draft
resolution (Attachment No. ZA 1).
x The project site is located between the nearest public road and the sea or
shoreline, however no new construction is proposed and approval of the parcel
map will not change or affect public recreation access or views.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 and 15315 under Class 1 (Existing Facilities) and Class 15 (Minor Land
Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential to have a significant effect on the environment.
Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or
minor alteration of existing public or private structures, facilities, mechanical equipment,
or topographical features, involving negligible or no expansion of use beyond that existing
at the time of the lead agency’s determination. The proposed project consists of the
conversion of an existing two-unit dwelling and attached garages/covered parking, and
involves no new construction to the existing development. The conversion of the two-unit
dwelling into two condominiums will allow the units to be sold separately.
Class 15 exempts 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 Tentative Parcel Map and Condominium
Conversion is for individual sale of the units and is consistent with all of the requirements
of the Class 15 exemption.
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PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants 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:
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
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
City’s certified Local Coastal Program and Title 14 California Code of Regulations, Sections
13111 through 13120, and Section 30603 of the Coastal Act. For additional information on
filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
GR/ls
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
ZA 4 Tentative Parcel Map
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING CONDOMINIUM
CONVERSION NO. CC2020-001, TENTATIVE PARCEL MAP NO.
NP2020-001, MODIFICATION PERMIT NO. MD2020-001 AND
COASTAL DEVELOPMENT PERMIT NO. CD2020-003 TO
CONVERT AN EXISTING TWO (2)-UNIT DWELLING LOCATED
AT 945 AND 947 WEST BALBOA BOULEVARD INTO TWO (2)
CONDOMINIUMS (PA2020-004)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Belt Capital Properties, LLC (“Applicant Owner”), with respect
to property located at 945 and 947 West Balboa Boulevard, requesting approval of a
condominium conversion, tentative parcel map, modification permit and coastal
development permit.
2. The property at 945 and 947 West Balboa Boulevard is legally described as Lot 13 and
portion of Lot 14, Block 9 of Tract 234.
3. The applicant proposes a condominium conversion, tentative parcel map, modification
permit and coastal development permit to convert an existing 6,046-square-foot, two (2)-
unit dwelling into two (2) condominiums. The required two (2)-car parking per unit will be
provided and no waivers of Title 19 (Subdivision Code) development standards are
proposed with this application. The existing development complies with all other applicable
development standards including height and floor area limits. Approval of the Tentative
Parcel Map and Condominium Conversion Permit would allow each unit to be sold
individually as condominiums.
4. The subject 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.
5. The subject 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 Zone District.
6. A public hearing was held on March 12, 2020, in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15301 and 15315, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act (CEQA) under Class 1
(Existing Facilities) and Class 15 (Minor Land Divisions), because it has no potential to
have a significant effect on the environment.
2. Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or
minor alteration of existing public or private structures, facilities, mechanical equipment,
or topographical features, involving negligible or no expansion of use beyond that
existing at the time of the lead agency’s determination. The proposed project consists
of the conversion of an existing 6,046-square-foot, two (2)-unit dwelling with attached
garaged and covered parking and does not involve new construction. The conversion of
the two (2)-unit dwelling into condominiums will allow the units to be sold separately.
3. Class 15 exempts 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 years, and the parcel
does not have an average slope greater than 20 percent. The Tentative Parcel Map and
Condominium Conversion is for individual sale of the units and is consistent with all of
the requirements of the Class 15 exemption.
4. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Condominium Conversion
In accordance with Section 19.64.070 (Standards for Condominium Conversions) of the
Newport Beach Municipal Code, the following findings are set forth:
Finding:
A. The minimum number, and the design and location of off-street parking spaces shall be
provided in conformance with the provisions of the Zoning Ordinance in effect at the
time of approval of the conversion.
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Facts in Support of Finding:
1. As permitted and conditioned, each unit will provide a one (1)-car garage and a one (1)-
car carport.
2. The four (4) spaces provided meet the number of spaces required (two [2] per unit) per
Chapter 20.40 (Off-Street Parking) of the Zoning Ordinance.
Finding:
B. Each dwelling unit within a building shall have a separate sewer connection to the City
sewer.
Fact in Support of Finding:
1. As permitted and conditioned, each unit will maintain separate sewer connections to the
City sewer.
Finding:
C. Each sewer lateral shall be retrofitted/fitted with a cleanout at the property line.
Fact in Support of Finding:
1. As permitted and conditioned, each unit will maintain a separate sewer cleanout located
at the property line.
Finding:
D. Each unit shall maintain a separate water meter and water meter connection.
Fact in Support of Finding:
1. As permitted and conditioned, each unit will maintain a separate water meter and water
meter connection.
Finding:
E. The electrical service connection shall comply with the requirements of Chapter 15.32
(Underground Utilities) of the Newport Beach Municipal Code.
Fact in Support of Finding:
1. The existing two-unit dwelling was constructed with an electrical service connection that
was, at such time, determined to be in compliance with the requirements of Chapter
15.32. No upgrades or changes are required to the existing service connections.
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Finding:
F. The applicant for a condominium conversion shall request a special inspection from the
Building Division for the purpose of identifying any building safety violations. The
applicant shall correct all identified safety violations prior to approval of a final map for
the condominium conversion.
Fact in Support of Finding:
1. A special inspection was conducted on February 10, 2020, and the building inspector
noted no deficiencies in existing building conditions or compliance to minimum
standards for the condominium conversion.
Finding:
G. Permanent lot stakes and tags shall be installed at all lot corners by a licensed surveyor
or civil engineer unless otherwise required by the City Engineer.
Fact in Support of Finding:
1. As conditioned, the project will comply with this requirement prior to recordation of the
final parcel map.
Finding:
H. For residential conversions, the project shall be consistent with the adopted goals and
policies of the General Plan, particularly with regard to the balance and dispersion of
housing types within the City.
Facts in Support of Finding:
1. The project is consistent with the adopted goals and policies of the Land Use Element
and other Elements of the General Plan. The project site is designated as RT (Two-Unit
Residential) by the Land Use Element of the General Plan. The existing two (2)-unit
dwelling is consistent with the RT land use category, which is intended to provide for a
range of two (2)-unit dwelling units such as duplexes and townhomes.
2. The existing two (2)-unit dwelling will be converted into a two (2)-unit condominium. The
residential density on the site will remain the same.
Finding:
I. The establishment, maintenance or operation of the use or building applied for shall not,
under the circumstances of the particular case, be detrimental to the health, safety,
peace, comfort and general welfare of persons residing or working in the neighborhood
of such proposed use or be detrimental or injurious to property and improvements in the
neighborhood or the general welfare of the City.
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Facts in Support of Finding:
1. The application of the project as conditioned will ensure the health, safety, peace, comfort,
and general welfare of persons residing or working in the neighborhood and the City.
2. The requested application is to convert an existing two-unit dwelling into two (2)
condominiums for individual sale of the units on property located within the R-2 Zoning
District.
3. Public improvements will be required of the Applicant per the Municipal Code and the
Subdivision Map Act.
Tentative Parcel Map
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of Title 20 of the Newport Beach Municipal Code and is approved
based on the following findings per Section 19.12.070 (Required Findings for Action on
Tentative Maps) of Title 19:
Finding:
J. 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 two
(2)-unit dwelling will comply with current condominium standards. The proposed
subdivision and improvements are consistent with the density of the R-2 Zoning District
and the current RT General Plan Land Use Designation.
2. The Tentative Parcel Map does not apply to any specific plan area.
Finding:
K. 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 two (2)-unit development because it is regular in shape
and is relatively flat.
2. The subject property is accessible from West Balboa Boulevard and the alley at the rear
and is adequately served by existing utilities.
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Finding:
L. 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.
Fact in Support of Finding:
1. This project has been reviewed, and it has been determined that it qualifies for a Class
1 and a Class 15 categorical exemption pursuant to Title 14 of the California Code of
Regulations (Sections 15301 and 15315, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act). Class 1 exempts the
operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use beyond that existing at the time of
the lead agency’s determination. The proposed project consists of the conversion of an
existing 6,046-square-foot, two (2)-unit dwelling with attached four (4)-car
garaged/covered parking and involves no new construction. The conversion of the two
(2)-unit dwelling into condominiums will allow the units to be sold separately. Class 15
exempts 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 (2) years, and the parcel does not have an
average slope greater than 20 percent. The existing two (2)-unit dwelling is a permitted
use and minimal physical improvements are necessary to allow the requested
condominium conversion for the individual sale of the units. The site has not been
subject to a prior subdivision and does not have a slope of greater than 20 percent.
Finding:
M. 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 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. All ordinances of the City
and all Conditions of Approval will be complied with.
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Finding:
N. 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.
Fact in Support of Finding:
1. 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 there are no public easements located on the property.
Finding:
O. 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 is developed for residential use and lies in a Zoning District that permits
residential uses.
Finding:
P. 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.
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2. The project is not located within a specific plan area.
Finding:
Q. 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 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:
R. 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 two (2)-unit dwelling is consistent with the R-2 Zoning District which allows two (2)
residential units on the property. Therefore, the Tentative Parcel Map for condominium
purposes will not affect the City in meeting its regional housing need.
Finding:
S. 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 two (2)-unit dwelling is designed so that wastewater discharge into the existing
sewer system complies with the Regional Water Quality Control Board (RWQCB)
requirements.
Finding:
T. 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.
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Fact in Support of Finding:
1. The subject property is located within the Coastal Zone. A coastal development permit
is requested in conjunction with the proposed tentative parcel map and condominium
conversion application. The project complies with the certified Local Coastal Program
(LCP) and public access and recreation policies of Chapter Three of the Coastal Act.
The Facts in Support of Findings Z and AA for the Coastal Development Permit (below)
are hereby incorporated by reference.
Modification Permit
In accordance with Section 20.52.050.E (Modification Permits – Required Findings) of the
Newport Beach Municipal Code, the following findings and facts in support of such findings are
set forth:
Finding:
U. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
1. The neighborhood is comprised of a mix of one (1)-, two (2)- and three (3)-story
residential structures. The design, bulk, and scale of the existing development is
consistent with the existing neighborhood pattern of development and expected future
development.
2. The dimensions of the existing garages and carports will accommodate four (4) onsite
parking spaces as required for a two (2)-unit residential development. Nonconforming
parking dimensions are common on the Balboa Peninsula where the required parking
dimensions were modified in 2010 to require greater parking dimensions for lots in
excess of 30 feet in width.
Finding:
V. The granting of the modification is necessary due to the unique physical characteristic(s)
of the property and/or structure, and/or characteristics of the use.
Facts in Support of Finding:
1. The interior dimensions of the existing one (1)-car garages and carports were compliant
with the Newport Beach Zoning Code at the time of construction in 2009. As a result of
amendments to the Zoning Code in 2010, the parking spaces are now substandard in
size and considered legal nonconforming.
2. The granting of the Modification Permit is necessary to allow conversion of the existing
two (2)-unit dwelling into a two (2)-unit condominium and the existing onsite parking
spaces are adequate for the parking of four (4) vehicles.
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Finding:
W. The granting of the modification is necessary due to practical difficulties associated with
the property and the strict application of the Zoning Code results in physical hardships
that are inconsistent with the purpose and intent of the Zoning Code.
Facts in Support of Finding:
1. The subject property is approximately 47 feet wide and the required side setback is 4
feet, measured from each side property line. Based on the resultant 39-foot wide
buildable area and the location of the existing structure on the site, it is physically
infeasible to increase the size of the existing parking spaces.
2. The existing parking dimensions are compliant with the development standards in effect
when the existing two (2)-unit dwelling was constructed in 2009 and no new construction
is proposed in conjunction with the proposed project.
Finding:
X. There are no alternatives to the modification permit that could provide similar benefits
to the applicant with less potential detriment to surrounding owners and occupants, the
neighborhood, or to the general public.
Facts in Support of Finding:
1. Providing parking dimensions that comply with current development standards is not
feasible given the buildable area of the lot and the location of existing structures on-site
unless the existing structure is significantly modified or a new structure is constructed.
2. An alternative that would reconfigure the entire lower level to accommodate compliant
parking dimensions would require the entire first floor living area to be reconfigured,
significantly impacting the cost and scope of the project, and would not meet the
objectives of the applicant.
Finding:
Y. The granting of the modification would not be detrimental to public health, safety, or
welfare, to the occupants of the property, nearby properties, the neighborhood, or the
City, or result in a change in density or intensity that would be inconsistent with the
provisions of this Zoning Code.
Facts in Support of Finding:
1. The proposed parking configuration accommodates four (4) vehicles on-site with the
same garage and carport dimensions as the existing development. The existing
nonconforming garages and carports fulfill the intent of the Zoning Code by providing
adequate parking on-site. The existing condition has not proven to be detrimental to the
occupants of the property, nearby properties, the neighborhood, or the City.
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2. Nonconforming parking dimensions are common on the Balboa Peninsula where the
minimum parking dimensions were modified in 2010 to require additional size for lots in
excess of 30 feet in width.
3. Approval of the requested modification does not alter or affect existing conditions
because the project does not involve any new construction and complies with all other
applicable development standards.
Coastal Development Permit
In accordance with Section 21.52.015 (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:
Z. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Tentative Parcel Map and Condominium Conversion is for condominium purposes
and meets all of the requirements of the Local Coastal Program including 21.30.025
(Coastal Subdivisions).
2. The existing two (2)-unit dwelling complies with applicable residential development
standards including, but not limited to, floor area limitation, height, and parking.
a. The maximum floor area limitation is 7,235 square feet and the existing floor area
of the living area and garages is 6,622 square feet.
b. The existing two (2)-unit dwelling conforms to the minimum required setbacks,
which are 10 feet along the front property line abutting Balboa Boulevard and 4 feet
along the side property lines.
c. The existing two (2)-unit dwelling complies with the maximum height requirement
of 24 feet for flat roof structures and 29 feet for pitched rooflines.
d. The project includes covered parking for a total of four (4) vehicles, complying with
the minimum one (1)-car garage and one (1) covered or garage parking space per
dwelling unit.
3. The neighborhood is developed with a mix of one (1)-, two (2)- and three (3)-story
residential structures. The design, bulk, and scale of the existing development is
consistent with the existing neighborhood pattern of development and expected future
development.
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4. The property is located 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.
5. The project site is located between the nearest public road and the sea or shoreline area
however approval of the parcel map will not affect public recreation access or views.
There are no open space areas or bikeways within the boundaries of the parcel map
that would require any easements or dedication.
Finding:
AA. 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.
Fact in Support of Finding:
1. The project site is located between the nearest public roads and the sea or shoreline,
however the project will not affect the public’s ability to gain access to, use, and/or view
the coast and nearby recreational facilities.
2. Vertical access to the public beach is available approximately 35 feet west of the site along
10th Street.
3. The 10th Street access also provides access to the 12-foot-wide public boardwalk providing
lateral access and views of the ocean.
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
15301 and 15315 under Class 1 (Existing Facilities) and Class 15 (Minor Land Divisions)
of the CEQA Guidelines, California Code of Regulations, Title 14, 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 Condominium
Conversion No. CC2020-001, Tentative Parcel Map No. NP2020-001, Modification No.
MD2020-001 and Coastal Development Permit No. CD2020-003, 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). Final action
taken by the City on the coastal development permit may be appealed to the Coastal
Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title
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14 California Code of Regulations, Sections 13111 through 13120, and Section 30603
of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF MARCH, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. 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
Condominium Conversion, Tentative Parcel Map, Modification Permit and Coastal
Development Permit.
Coastal Development Permit Conditions
3. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
4. This Coastal Development Permit does not authorize any development seaward of the
private property.
5. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
6. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
7. This Coastal Development Permit may be modified or revoked by the Zoning
Administrator if determined that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare, or materially injurious
to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
8. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing, and trimming.
All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall
be kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
9. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
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Tentative Parcel Map/Condominium Conversion Conditions
10. A parcel map shall be recorded. The Map shall be prepared on the California coordinate
system (North American Datum of 1983). 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 Sections
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.
11. 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
Subdivisions 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
approved by the Subdivision Engineer. Monuments shall be protected in place if
installed prior to completion of the project.
12. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
13. Two-car parking, including one enclosed garage space and one covered or enclosed
parking space, shall be provided on site for each dwelling unit per requirements of the
Zoning Code. All parking spaces shall be maintained clear of obstructions for the parking
of vehicles at all times.
14. Abandon the existing curb cut along the West Balboa Boulevard frontage per City
Standard STD-165-L. Install new curb, gutter and sidewalk per City Standard where the
in the location of the abandoned driveway.
15. Remove the existing red curb adjacent to the abandoned driveway approach.
16. An encroachment permit is required for all work activities within the public right-of-way.
17. This Condominium Conversion No. CC2020-001, Tentative Parcel Map No. NP2020-001,
Modification Permit No. MD2020-001 and Coastal Development Permit No. CD2020-003
and shall expire unless exercised within 24 months from the date of approval as specified
in Section 21.54.060 (Time Limits and Extensions) and Section 20.54.060 (Time Limits
and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
18. 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, attorneys’ 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
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approval of Belt Capital Properties, LLC Condominium Conversion including, but not
limited to, Condominium Conversion No. CC2020-001, Tentative Parcel Map No.
NP2020-001, Modification Permit No. MD2020-001 and Coastal Development Permit
No. CD2020-003 (PA2020-004). 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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Attachment No. ZA 2
Vicinity Map
22
VICINITY MAP
Condominium Conversion No. CC2020-001
Tentative Parcel Map No. NP2020-001
Modification Permit No. MD2020-001
Coastal Development Permit No. CD2020-003
(PA2020-004)
945 and 947 West Balboa Boulevard
Subject Property
23
Attachment No. ZA 3
Project Plans
24
25
26
27
28
29
30
31
32
33
34
Attachment No. ZA 4
Tentative Parcel Map
35
PA2020-004
36