HomeMy WebLinkAbout02_Daniels Residential Condominiums Tentative Parcel Map and CDP_PA2020-120
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 13, 2020
Agenda Item No. 2
SUBJECT: Daniels Residential Condominiums (PA2020-120)
Coastal Development Permit No. CD2020-061
Tentative Parcel Map No. NP2020-009
County Tentative Parcel Map No. 2020-131
SITE LOCATION: 1313 West Bay Avenue
APPLICANT: Niner Properties, LLC
OWNER: Sandra S. Daniels
PLANNER: Liane Schuller, Planning Consultant
949-644-3200 or lschuller@newportbeachca.gov
LAND USE AND ZONING
x General Plan Land Use Plan Category: 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 tentative parcel map for two-unit condominium purposes. A single-family
residence and detached two-car garage have been demolished, and a new 3,219-square-
foot residential duplex and attached 636-square-foot garage is under construction
pursuant to Zoning and Building Code requirements. Approval of the Tentative Parcel
Map (NP) will allow each unit to be sold individually. No waivers of Title 19 (Subdivisions)
are proposed. The Tentative Parcel Map also requires the approval of a coastal
development permit (CDP) pursuant to Newport Beach Municipal Code (NBMC) Title 21
(Local Coastal Program Implementation Plan).
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15315 under Class 15 (Minor Land Divisions) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment; and
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Zoning Administrator, August 13, 2020
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3) Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map
No. NP2020-009 and Coastal Development Permit No. CD2020-061 (Attachment No.
ZA 1).
DISCUSSION
x The project site is located on the south side of West Bay Avenue, between 13th
Street and 14th Street. The lot is rectangular, topographically flat and approximately
2,719 square feet in area (30.46’ x 90.01’).
x A 3,219-square-foot duplex and 636-square-foot garage is currently under
construction to condominium standards. The project site is located within the
Categorical Exclusion Area. The issuance of building permits for demolition of the
previously existing improvements and construction of the new duplex was
excluded from the requirement to obtain a coastal development permit under
Newport Beach Municipal Code (NBMC) Section 21.52.045 (Categorical
Exclusions). Approval of a coastal development permit is required in conjunction
with the tentative parcel map.
x The new duplex has been designed to provide the Code-required two-car parking
per unit as required by NBMC Sections 20.40.040 and 21.40.040 (Off-Street
Parking Spaces Required). Vehicular access will be maintained from the alley at
the rear of the property. Each unit will be served by separate utility connections.
x The property is designated for two-unit residential use by the General Plan, Zoning
Code, Coastal Land Use Plan, and Coastal Zoning District. The new duplex is
consistent with this designation and a tentative parcel map for condominiums does
not change the use.
x Approval of the Tentative Parcel Map will allow each unit to be sold individually.
x The new condominium project will conform to current Municipal Code requirements
and meet all Title 19 standards, as detailed in the attached draft Resolution
(Attachment No. ZA 1).
x The Tentative Parcel Map is subject to a coastal development permit and conforms
to NBMC Title 21 (Local Coastal Program Implementation Plan), including Section
21.30.025 (Coastal Zone Subdivisions).
x 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. The Tentative Parcel Map meets the required findings found in Section
21.52.015(F). The nearest vertical access to the public beach is available
approximately 180 feet east of the project site, along 13th Street. Lateral access along
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Daniels Residential Condominiums (PA2020-120)
Zoning Administrator, August 13, 2020
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the Pacific Ocean is provided along West Ocean Front, also approximately 180 feet
south of the project site.
x Public improvements, such as repairing and replacing broken and/or otherwise
damaged sidewalk panels and curb/gutter along the West Bay Avenue property
frontage and alley, will be required of the applicant per the NBMC and Subdivision
Map Act.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15315 under Class 15 (Minor Land
Divisions) of the State CEQA (California Environmental Quality Act) Guidelines. The
Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four or fewer parcels when the division is in
conformance with the General Plan and Zoning, no variances or exceptions are required,
all services and access to the proposed parcels are available, the parcel was not involved
in a division of a larger parcel within the previous two years, and the parcel does not have
an average slope greater than 20 percent. The subject Tentative Parcel Map is for two-
unit condominium purposes and is consistent with all of the requirements of the Class 15
exemption.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the NBMC. Additionally,
the item appeared on the agenda for this meeting, which was posted at City Hall and on
the City website.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 10 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
MN/ls
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Daniels Residential Condominiums (PA2020-120)
Zoning Administrator, August 13, 2020
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Tentative Parcel Map
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Attachment No. ZA 1
Draft Resolution
5
RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP NO. NP2020-009 AND COASTAL
DEVELOPMENT PERMIT NO. CD2020-061 FOR TWO (2)-UNIT
CONDOMINIUM PURPOSES LOCATED AT 1313 WEST BAY
AVENUE (PA2020-120)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Niner Properties, LLC (Applicant), with respect to property
located at 1313 West Bay Avenue, and legally described as Lot 9, Block 9 of Tract 626,
requesting approval of a tentative parcel map and coastal development permit for two-unit
condominium purposes.
2. A previously existing single-family residence and detached garage was demolished, and
a new duplex is under construction, pursuant to Zoning and Building Code requirements.
Approval of the Tentative Parcel Map will allow each unit to be sold individually. No waivers
of Title 19 are proposed. The Tentative Parcel Map also requires the approval of a coastal
development permit (CDP) pursuant to Newport Beach Municipal Code (NBMC) Title 21
(Local Coastal Program Implementation Plan).
3. The subject property is located within the Two-Unit Residential (R-2) Zoning District and
the General Plan Land Use Element category is Two Unit Residential (RT).
4. The subject property is located within the coastal zone and has a Coastal Land Use
Designation of Two Unit Residential (RT-D) (20.0 – 29.9 DU/AC) and a Coastal Zoning
District of Two-Unit Residential (R-2).
5. A public hearing was held on August 13, 2020, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, California, observing restrictions due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19. A notice of 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.
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Zoning Administrator Resolution No. ZA2020-###
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2. The Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four (4) or fewer parcels when the division is
in conformance with the General Plan and Zoning, no variances or exceptions are required,
all services and access to the proposed parcels are available, the parcel was not involved
in a division of a larger parcel within the previous two (2) years, and the parcel does not
have an average slope greater than 20 percent. The subject Tentative Parcel Map is for
two-unit condominium purposes and is consistent with all of the requirements of the Class
15 exemption.
SECTION 3. REQUIRED FINDINGS.
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of NBMC Title 21 and approves the Coastal Development Permit
based on the following findings per NBMC Section 21.52.015(F):
Finding:
A. That the proposed map conforms to all applicable sections of the certified Local Coastal
Program.
Facts in Support of Finding:
1. The Tentative Parcel Map is for a property within a developed neighborhood, on an
inland lot that is not near any natural landforms or environmentally sensitive areas.
2. A 3,219-square-foot duplex and attached 636-square-foot garage designed to
condominium standards is currently under construction. The project site is located
within the Categorical Exclusion Area and the issuance of building permits for
demolition of the previously existing improvements and construction of the new
duplex was excluded from the requirement to obtain a coastal development permit
under NBMC Section 21.52.045 (Categorical Exclusions). The new construction will
conform to all applicable development standards including parking. Approval of the
Tentative Parcel Map will allow each unit to be sold individually as condominiums.
3. The project does not therefore involve a change in land use, density or intensity that
will result in increased demand on public access and recreation opportunities.
4. The project site is not located adjacent to a coastal view road, public viewpoint, public
park or beach, or public access way, as identified in the Coastal Land Use Plan.
Furthermore, an investigation of the project site and surrounding area did not identify
any other public view opportunities. The project site may be located within the viewshed
of distant public viewing areas. However, the project is located on an inland lot and
affects a previously approved two-unit residential development that complies with all
applicable Local Coastal Program (LCP) development standards and maintains a
building envelope consistent with the existing neighborhood pattern of development.
Therefore, the project does not have the potential to degrade the visual quality of the
Coastal Zone or result in significant adverse impacts to public views.
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Finding:
B. Conforms to the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is 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 Tentative Parcel Map is located between the nearest public road 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. The project site is located between the nearest public road and the sea or shoreline. The
residential lot does not currently provide nor does it inhibit public coastal access.
Implementation Plan Section 21.30A.040 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 parcel map for two-unit
condominium purposes and involves a two-family residence under construction on an
inland lot.
3. The nearest vertical access to the public beach is available approximately 180 feet east of
the project site, along 13th Street. Lateral access along the Pacific Ocean is provided along
West Ocean Front, also approximately 180 feet south of the project site.
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of NBMC Title 20 (Planning and Zoning) and is approved based on
the following findings per NBMC Section 19.12.070 (Required Findings for Action on Tentative
Maps):
Finding:
C. 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. A
single-unit residence and detached garage has been demolished and a new duplex
is currently under construction. The proposed subdivision and improvements are
consistent with the density of the R-2 Zoning District and the RT General Plan Land
Use Designation.
2. The subject property is not located within a specific plan area.
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Finding:
D. 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 residential development because it is
regular in shape and topographically level. An existing single-family residence has
been demolished and a new duplex is currently under construction.
2. The subject property is accessible from the alley and is adequately served by all
existing utilities.
Finding:
E. 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. A single-family residence has been demolished and a new duplex is currently under
construction.
2. The property is located in an urbanized area that does not contain any sensitive
vegetation or habitat.
3. The project is categorically exempt under Section 15315 (Article 19 of Chapter 3) of
the CEQA Guidelines under Class 15 (Minor Land Alterations).
Finding:
F. 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 developer per NBMC Section 19.28.010
(General Improvement Requirements) and Section 66411 (Local Agencies to
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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:
G. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within the
proposed subdivision. In this connection, the decision making body may approve a map if
it finds that alternate easements, for access or for use, will be provided and that these
easements will be substantially equivalent to ones previously acquired by the public. This
finding shall apply only to easements of record or to easements established by judgment of
a court of competent jurisdiction and no authority is hereby granted to the City Council to
determine that the public at large has acquired easements for access through or use of
property within a subdivision.
Facts in Support of Finding:
1. The 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.
2. Legal vehicle access is available to the property along West Bay Avenue and from
the rear along the alley.
Finding:
H. 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 with a residential use and is located in a
Zoning District that permits residential uses.
Finding:
I. 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.
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Facts in Support of Finding:
1. California Business and Professions Code Section 11000.5 has been repealed by
the Legislature. However, this project site is not considered a “land project” as
previously defined in Section 11000.5 of the California Business and Professions
Code because the project site does not contain 50 or more parcels of land.
2. The project is not located within a specific plan area.
Finding:
J. 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 Code of Regulations (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:
K. 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 that is currently under construction is consistent with the
intended uses of 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:
L. 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 new two (2)-unit dwelling will be designed so that wastewater discharges into
the existing sewer system complies with the Regional Water Quality Control Board
(RWQCB) requirements.
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Finding:
M. 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.
Fact in Support of Finding:
1. The subject property is located within the Coastal Zone and a coastal development
permit is requested 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 Three of the Coastal Act.
2. Facts in Support of Findings A and B above are hereby incorporated by reference.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2020-009 and Coastal Development Permit No. CD2020-061, subject to the
conditions set forth in Exhibit “A,” which is attached here to and incorporated by reference.
3. This action shall become final and effective 10 days after the adoption of this Resolution
unless within such time an appeal or call for review is filed with the Director of
Community Development in accordance with the provisions of NBMC Title 19
Subdivisions.
PASSED, APPROVED, AND ADOPTED THIS 13th DAY OF AUGUST, 2020.
__________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. Subsequent to the recordation of the Parcel Map, 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 permit is final.
3. The building permit for the new construction shall not be final until after recordation of the
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) of the Newport Beach Municipal
Code.
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 and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of the Daniels Residential Condominiums including, but not limited to, Tentative
Parcel Map No. NP2020-009 and Coastal Development Permit No. CD2020-061 (PA2020-
120). 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.
Public Works Department
6. 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 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.
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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 Sections 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments
(1-inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by
the Subdivision Engineer. Monuments shall be protected in place if installed prior to
completion of construction project.
8. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
9. Each unit shall be served by its individual water meter and sewer lateral and cleanout.
Each water meter and sewer cleanout shall be installed with a traffic-grade box and
cover.
10. All existing overhead utilities shall be undergrounded.
11. An encroachment permit is required for all work activities within the public right-of-way.
12. All improvements shall comply with the City’s sight distance requirement. See City
Standard 110-L.
13. Remove all non-standard improvements within the public right-of-way along the West
Bay Avenue frontage, including but not limited to walls and a fence.
14. 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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Attachment No. ZA 2
Vicinity Map
15
VICINITY MAP
Tentative Parcel Map No. NP2020-009
Coastal Development Permit CD2020-061
PA2020-120
1313 West Bay Avenue
Subject Property
16
Attachment No. ZA 3
Tentative Parcel Map
17
F.F.=9.53T/SLAB=9.40PAD=7.40PROPOSED BUILDINGPPROPOSEDEEEEEEEEEEEEEOOOOOOOOOOOOPPPPPOOOOOPOOOEDPGARAGEEEEEEERRRRRRRRRRRRRRRRRRRRRRRRARARARAARRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRACARPORTORTAOTCORCAOTCARCAPRTARCCARORCRPOCAPORARRTCARORCRPOTARORTAPORRPT139 Avenida NavarroSan Clemente, CA 92672949.492.8586www.toalengineering.comCIVIL ENGINEERINGLAND SURVEYINGSTORMWATER QUALITY
S TATEOF CALIFORNIALICENSED LAND SUR VEY O RVIKTOR P.MEUMNo. 868218