HomeMy WebLinkAbout02_Hohberg Residential Condominiums Tentative Parcel Map and CDP_PA2020-277
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 10, 2020
Agenda Item No. 2
SUBJECT: Hohberg Residential Condominiums (PA2020-277)
Coastal Development Permit No. CD2020-142
Tentative Parcel Map No. NP2020-014
County Tentative Parcel Map No. 2020-132
SITE LOCATION: 114 19th Street
APPLICANT: Eric Aust Architect
OWNER: Robert Allen Hohberg
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221 or mwhelan@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: RT (Two-Unit Residential)
Zoning District: R-2 (Two-Unit Residential)
Coastal Land Use Plan Category: RT-D (Two-Unit Residential) (20.0 29.9
DU/AC)
Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
A request for a coastal development permit and tentative parcel map for two-unit
condominium purposes. A single-unit dwelling has been demolished and a new duplex is
currently under construction. No waivers of Newport Beach Municipal Code (NBMC) Title
19 (Subdivisions) are proposed. The Tentative Parcel Map would allow each unit to be
sold individually. The Tentative Parcel Map also requires the approval of a coastal
development permit pursuant to 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
1
Hohberg Residential Condominiums (PA2020-277)
Zoning Administrator, December 10, 2020
Page 2
Tmplt: 07/25/19
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2020-142 and Tentative Parcel Map No. NP2020-014 (Attachment
No. ZA 1).
DISCUSSION
A single-unit dwelling has been demolished and a new two-unit dwelling is
currently under construction, which will satisfy the Zoning Code requirement of
two-car parking per unit. Vehicular access will be maintained from the alley and
19th Street, which has been reviewed and approved by the City Traffic Engineer.
The subject property is generally flat and measures approximately 3,610 square
feet in area.
Approval of the Tentative Parcel Map will allow each unit to be sold individually.
The property is designated for two-unit residential use by the General Plan, Zoning
Code, Local Coastal Program, and the Coastal Zoning in the Implementation Plan.
The new two-unit dwelling is consistent with these designations and a tentative
parcel map for condominiums does not change the use.
The new condominium project will conform to current NBMC requirements and
meet all Title 19 standards.
The Tentative Parcel Map is for condominium purposes and meets all of the
requirements of the Local Coastal Program Implementation Plan, including NBMC
Section 21.30.025 (Coastal Zone Subdivisions). The subject property is located
within a developed neighborhood. The subject property is approximately 150 feet
from the West Ocean Front boardwalk and beach. The subject property is
separated from the beach by a row of existing residential development. It also lies
within the Categorical Exclusion Area. The development of the duplex was
approved pursuant to (CEO2020015).
The project site is located between the nearest public road and the sea or shoreline.
NBMC Section 21.30A.040 (Determination of Public Access/Recreation Impacts)
requires that the provision of public access bear a reasonable relationship between
the requirement
case, the project is a tentative parcel map for condominium purposes. A single-unit
has been demolished and will be replaced with a new duplex meeting all
condominium standards. As such, the project does not involve a change in land use,
density or intensity that will result in increased demand on public access and
recreation opportunities.
2
Hohberg Residential Condominiums (PA2020-277)
Zoning Administrator, December 10, 2020
Page 3
Tmplt: 07/25/19
Conditions of approval are included, requiring repairing and/or replacing of public
improvements such as broken and/or otherwise damaged sidewalk panels, curb,
and gutters along the 19th Street and West Balboa Boulevard frontages, and the
alley.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15315 of the State CEQA Guidelines -
Class 15 (Minor Land Divisions). 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 Code, 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 is for 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 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 NBMC Title 21 (Local Coastal
Implementation Plan). Final action taken by the City may be appealed to the Coastal
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.
3
Hohberg Residential Condominiums (PA2020-277)
Zoning Administrator, December 10, 2020
Page 4
Tmplt: 07/25/19
Prepared by:
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Tentative Parcel Map
4
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. NP2020-014 AND COASTAL
DEVELOPMENT PERMIT NO. CD2020-142 FOR TWO-UNIT
CONDOMINIUM PURPOSES LOCATED AT 114 19TH Street
(PA2020-277)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Eric Aust Architect (Applicant), with respect to property located
at 114 19th Street, and legally described as Lot 15 Block 18 of Section B Newport BH,
Newport Beach, County of Orange requesting approval of a tentative parcel map and a
coastal development permit for condominium purposes.
2. The Applicant requests a coastal development permit and tentative parcel map for two-unit
condominium purposes. A single-unit dwelling has been demolished and a new duplex is
currently under construction. No waivers of Newport Beach Municipal Code (NBMC) Title
19 (Subdivisions) are proposed. The Tentative Parcel Map would allow each unit to be
sold individually. The Tentative Parcel Map also requires the approval of a coastal
development permit pursuant to 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 also located within the coastal zone. The Coastal Land Use Plan
designation is Two-Unit Residential (20.0 29.9 DU/AC) (RT-D) and it is within the Two-
Unit Residential (R-2) Coastal Zoning District.
5. A telephonic public hearing was held online on December 10, 2020, 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, Chapter 3, because it has no potential to have a significant
effect on the environment.
6
Zoning Administrator Resolution No. ZA2020-###
Page 2 of 9
01-25-19
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 years, and the parcel
does not have an average slope greater than 20 percent. The Tentative Parcel Map is
for condominium purposes and is consistent with all of the requirements of the Class 15
exemption.
SECTION 3. REQUIRED FINDINGS.
Coastal Development Permit
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of NBMC Title 21 (Local Coastal Program Implementation Plan) and
approves the coastal development permit based on the following findings per NBMC
Subsection 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 condominium purposes and meets all of the
requirements of the Local Coastal Program, including NBMC Section 21.30.025
(Coastal Zone Subdivisions).
2. 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 and
Building Division standards and policies. The new duplex construction was approved
and is currently under construction.
3. The Tentative Parcel Map is for a property within a developed residential
neighborhood. The subject property is approximately 150 feet from the West Ocean
Front boardwalk and beach, is separated by a row of existing residential
development and is within the Categorical Exclusion Area. The development of the
duplex was approved pursuant to the Categorical Exclusion Order (CEO2020015).
Finding:
B. Conforms with 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.
7
Zoning Administrator Resolution No. ZA2020-###
Page 3 of 9
01-25-19
Fact in Support of Finding:
1.The project is located between the nearest public road and the sea or shoreline.
NBMC Section 21.30A.040 (Determination of Public Access/Recreation Impacts)
requires that the provision of public access bear a reasonable relationship between
case, the project is a tentative parcel map for condominium purposes. A single-unit
dwelling has been demolished and will be replaced with a new duplex meeting all
condominium standards. As such, the project does not involve a change in land use,
density or intensity that will result in increased demand on public access and
recreation opportunities.
Tentative Parcel Map
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-unit residential condominium purposes. A single-
unit has been demolished and a new duplex is 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.
3. The project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the 19th Street and West
Balboa Boulevard frontages, consistent with NBMC Title 19 (Subdivision Code).
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 a duplex development because it is rectangular in
shape, topographically flat, and under development with a new duplex.
8
Zoning Administrator Resolution No. ZA2020-###
Page 4 of 9
01-25-19
2. The subject property is accessible from 19
th Street and the alley and is adequately
served by 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-unit dwelling has been demolished and a new duplex is currently under
construction. There will be no change in land use or density as a result of this project.
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 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
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.
9
Zoning Administrator Resolution No. ZA2020-###
Page 5 of 9
01-25-19
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.
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:
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 site is developed for residential use and is located in a Zoning District that
permits residential uses.
Finding:
I. That, i
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
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.
10
Zoning Administrator Resolution No. ZA2020-###
Page 6 of 9
01-25-19
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 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
housing need and that it balances the housing needs of the region against the public service
Fact in Support of Finding:
1.The new duplex is consistent with the R-2 Zoning District, which allows two
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 duplex is designed so that wastewater discharge into the existing sewer
system complies with the Regional Water Quality Control Board (RWQCB)
requirements.
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.
11
Zoning Administrator Resolution No. ZA2020-###
Page 7 of 9
01-25-19
Fact in Support of Finding:
1.The subject property is within the Coastal Zone. The 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. NP2020-014 and Coastal Development Permit No. CD2020-142, 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 Community
Development Director in accordance with the provisions of NBMC Title 19 (Subdivisions)
and Title 21 (Local Coastal Program Implementation Plan). Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 10th DAY OF DECEMBER, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
12
Zoning Administrator Resolution No. ZA2020-###
Page 8 of 9
01-25-19
CONDITIONS OF APPROVAL
PLANNING
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 Parcel Map, a park fee shall be assessed for one unit.
3. Subsequent to the recordation of the Parcel Map, the applicant shall apply for a building
4. The building permit for the new construction shall not be final until after recordation of the
parcel map.
5. 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 NBMC Title 19 (Subdivisions) and Title 21 (Local Coastal
Program Implementation Plan).
6. 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
, disbursements and court costs) of every kind and nature
approval of the Hohberg Residential Condominiums including, but not limited to, Tentative
Parcel Map No. NP2020-014 and Coastal Development Permit No. CD2020-142 (PA2020-
277). 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
7. A parcel map shall be recorded. The Map shall be prepared on the California coordinate
system (NAD88). 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, Sub-article 18. The
13
Zoning Administrator Resolution No. ZA2020-###
Page 9 of 9
01-25-19
CADD Standards. Scanned images will not be accepted.
8. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie
the boundary of the map into the Horizontal Control System established by the County
Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Sub-article 18. Monuments
(one-inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved
by the Subdivision Engineer. Monuments shall be protected in place if installed prior to
completion of construction project.
9. An encroachment permit is required for all work activities within the public right-of-way.
10. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
11. The existing broken and/or otherwise damaged concrete sidewalk and curb and gutter
along the 19th Street and Balboa Boulevard frontages and concrete alley panels along
the alley frontage shall be reconstructed.
12. All existing overhead utilities shall be undergrounded.
13. All above ground improvements shall stay a minimum five-foot clear of the alley setback.
14. Each unit shall be served by its individual water service/meter and sewer lateral and
cleanout. Each water meter and sewer cleanout shall be installed with a traffic-grade
box and cover per City Standards.
15. A new accessible compliant curb ramp shall be installed at the corner of 19
th Street and
Balboa Boulevard per City Standard.
16. The existing unused driveway shall be plugged per City Standard STD-165-L.
17. The new driveway along 19
th Street shall be constructed per City Standard.
18. All site drainage shall comply with current water quality requirements.
BUILDING
19.Independent utility services shall be provided for each unit.
20. Independent fire risers shall be required for each unit.
21. Construction shall comply with the California Code of Regulations.
14
Attachment No. ZA 2
Vicinity Map
15
VICINITY MAP
Coastal Development Permit No.CD2020-142
Tentative Parcel Map No. NP2020-014
PA2020-277
114 19th Street
Subject Property
16
Attachment No. ZA 3
Tentative Parcel Map
17
T/SLAB=9.00PAD=8.00GARAGEPAD=7.00T/SLAB=9.00T/SLAB=9.00PAD=8.00GARAGEPAD=7.00EASEMENTS OF RECORDVIKTOR P.MEUMNo. 868218