HomeMy WebLinkAbout02_304 Goldenrod, LLC Residential Condominiums CDP and Tentative Parcel Map_PA2020-352
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 25, 2021
Agenda Item No. 2
SUBJECT: 304 Goldenrod, LLC Residential Condominiums (PA2020-352)
Tentative Parcel Map No. NP2020-018
Coastal Development Permit No. CD2020-149
County Parcel Map No. 2019-172
SITE LOCATION: 304 and 304 ½ Goldenrod Avenue
APPLICANT: Nicholson Companies
OWNER: 304 Goldenrod, LLC
PLANNER: Joselyn Perez, Assistant Planner
949-644-3312, jperez@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 tentative parcel map for two-unit condominium purposes. A duplex has
been demolished and a new duplex is currently under construction pursuant to Zoning
and Building Code requirements. The Tentative Parcel Map will allow each unit to be sold
individually. No waivers of Title 19 (Subdivisions) are proposed. A Coastal Development
Permit (CDP) is also required because this property is in the Coastal Zone.
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
3) Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map
No. NP2020-018 and Coastal Development Permit No. CD2020-149 (Attachment No.
ZA 1).
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DISCUSSION
The subject property is in the R-2 Coastal Zoning District. The R-2 Coastal Zoning
District is intended to provide areas appropriate for two-unit development (i.e.,
duplexes) on a single legal lot.
The proposed subdivision and improvements are consistent with the density of the
R-2 Coastal Zoning District, Coastal Land Use Plan, Zoning Code, and the General
Plan.
The lot is physically suitable for the development of a duplex because it is relatively
flat, rectangular, and can be adequately served by existing utilities, as the project
site is within an already developed neighborhood. The project site was also
previously developed with a duplex.
The existing duplex was demolished under Building Permit No. X2020-0271 and
X2020-0272 and a new duplex is currently under construction pursuant to Building
Permit No. X2019-3127.
The property is located within an area of the Coastal Zone that is exempted from
obtaining approval of a CDP for specific types of development. This area, known
as the Categorical Exclusion Order (CEO) area, allows for the demolition of
residential structures, as well as the construction of a new, two-unit, residential
structure without obtaining a CDP contingent upon providing a notice of exclusion
to the Coastal Commission. The duplex at 304 and 304 ½ Goldenrod Avenue is
being constructed under CEO2019072, which became effective on December 11,
2019.
The new duplex conforms to all applicable development standards, including floor
area limit, setbacks, height, and off-street parking. It has been designed such that
each unit will be served by individual water meters, sewer laterals, cleanouts, and
fire risers.
The project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the Goldenrod Avenue
frontage, as needed, as well as the undergrounding of utilities, consistent with Title
19 (Subdivisions) of the Newport Beach Municipal Code (NBMC).
The duplexes were reviewed and approved by all City Departments. All wastewater
will discharge into the existing sewer system, such that it complies with Regional
Water Quality Control Board (RWQCB) requirements.
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While the project site is located within the CEO area of the Coastal Zone, the
approval of a tentative parcel map is not included as exempted development in the
exclusion order. As such, the approval of a tentative parcel map requires a CDP.
The project site is not located between the nearest public road and the sea or
shoreline. Approval of the parcel map will not affect public recreation, access or
views.
ENVIRONMENTAL REVIEW
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.
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 project is consistent with and eligible for the
Class 15 exemption.
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. A Notice of Filing was posted at the site by the Applicant
as required by NBMC Chapter 21.50.080 (Posting Notice). 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.
The project site is not located within the appeal area of the coastal zone; therefore, final
action by the City may not be appealed to the California Coastal Commission.
Prepared by:
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BMZ/jp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Statement
ZA 4 County Parcel Map No. 2019-172
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Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP NO. NP2020-018 AND COASTAL
DEVELOPMENT PERMIT NO. CD2020-149 FOR TWO (2)-UNIT
CONDOMINIUM PURPOSES LOCATED AT 304 AND 304 ½
GOLDENROD AVENUE (PA2020-352)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Nicholson Companies (Applicant), with respect to property
located at 304 and 304 ½ Goldenrod Avenue, requesting approval of a tentative parcel
map and coastal development permit.
2. The lot at 304 Goldenrod Avenue is legally described as the southwesterly rectangular 20
feet of Lot 6 and the northeasterly rectangular 20 feet of Lot 4 in Block 234 of the Corona
del Mar Tract.
3. The Applicant requests a tentative parcel map for two (2)-unit condominium purposes. A
duplex has been demolished and a new duplex is currently under construction pursuant to
Zoning and Building Code requirements. The Tentative Parcel Map will allow each unit to
be sold individually. No waivers of Title 19 (Subdivisions) are proposed. A Coastal
Development Permit (CDP) is also required because this property is in the Coastal Zone.
4. The subject property is designated RT (Two Unit Residential) by the General Plan Land
Use Element and are 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 the Coastal Zoning
designation is R-2 (Two-Unit Residential).
6. A public hearing was held online on February 25, 2021, 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 Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was
presented to, and considered by, the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four (4) or fewer parcels when the division
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Zoning Administrator Resolution No. ZA2021-###
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02-03-2020
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. Therefore, the proposed
Tentative Parcel Map is eligible for 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 20 (Planning and Zoning) and is approved based on
the following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps)
of the NBMC:
Finding:
A. That the proposed map and the design or improvements of the subdivision are consistent
with the General Plan and any applicable specific plan, and with applicable provisions of
the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
1. The Tentative Parcel Map is for two (2)-unit residential condominium purposes. The
project site was previously developed with a duplex and has been cleared of existing
improvements. A new duplex is under construction. 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 subject property is not located within a specific plan area.
3. The project is conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the Goldenrod Avenue
frontage, as needed, as well as the undergrounding of utilities, consistent with the
Title 19 (Subdivisions) of the NBMC.
Finding:
B. 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 because it is relatively flat and rectangular.
It was also previously developed with a duplex.
2. The subject property is accessible from both Goldenrod Avenue and the alley in the
rear.
3. The site is adequately served by existing utilities, as the site was previously
developed with a duplex that is being replaced resulting in no increase of density.
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Finding:
C. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife or
their habitat. However, notwithstanding the foregoing, the decision making body may
nevertheless approve such a subdivision if an environmental impact report was prepared
for the project and a finding was made pursuant to Section 21081 of the California
Environmental Quality Act that specific economic, social, or other considerations make
infeasible the mitigation measures or project alternatives identified in the environmental
impact report.
Facts in Support of Finding:
1. The property is located within an existing residential neighborhood that does not
contain any sensitive vegetation or habitat on-site.
2. This project is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15315 under Class 15 (Minor Land Divisions) of the CEQA
Guidelines. Section 2 of this Resolution is hereby incorporated by reference.
Finding:
D. 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 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.
Finding:
E. 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.
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Facts in Support of Finding:
1. The Public Works Department has reviewed the proposed Tentative Parcel Map and
determined that the design of the development will not conflict with easements
acquired by the public at large, for access through, or use of property within the
proposed development because no public easements are located on the property.
2. There are no existing easements either through or adjacent to the property.
Finding:
F. 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, developed for residential use, lies in the R-2 Zoning District, which is
intended for and permits residential uses.
Finding:
G. 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 p
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:
H. 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:
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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:
I. 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
vironmental resources.
Fact in Support of Finding:
1. The proposed duplex is consistent with the R-2 Zoning District, which allows up to
two (2) residential units on the property. Therefore, the Tentative Parcel Map for
condominium purposes will not affect the City in meeting its regional housing need.
Finding:
J. That the discharge of waste from the proposed subdivision into the existing sewer system
will not result in a violation of existing requirements prescribed by the Regional Water
Quality Control Board.
Fact in Support of Finding:
1. The residential building under construction has been designed to have wastewater
discharge into the existing sewer system and complies with the Regional Water
Quality Control Board (RWQCB) requirements.
Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms
with the certified Local Coastal Program and, where applicable, with public access and
recreation policies of Chapter Three of the Coastal Act.
Fact in Support of Finding:
1. The subject property is within the Coastal Zone. All Facts in Support of Findings L
and M are hereby incorporated by reference.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
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L. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Tentative Parcel Map is for two (2)-unit residential condominium purposes. A new
duplex is under construction. The new duplex conforms to all applicable development
standards, including floor area limit, setbacks, height, and off-street parking. The
proposed subdivision and improvements are consistent with the density of the R-2
Coastal Zoning District.
2. The property is located in an area known for the potential of seismic activity. All projects
are required to comply with the California Building Code and Building Division standards
and policies.
3. The Tentative Parcel Map is for a property within a developed neighborhood that is over
1,000 feet from the mean high-water line and is not near any natural landforms or
environmentally sensitive areas.
Finding:
M. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
1. The project site is not located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
case, the project the project is a tentative parcel map for two (2)-unit condominium
purposes. 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. Furthermore,
the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or
impede existing public access opportunities.
2. Approval of the parcel map will not affect public recreation, access or views.
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
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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. NP2020-018 Coastal Development Permit No. CD2020-149,
subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
3.The approval of Parcel Map No. NP2020-018 and of Coastal Development Permit
No. CD2020-149 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. The
project site is not located within the appeal area of the coastal zone; therefore, final
action by the City may not be appealed to the California Coastal Commission.
PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF FEBRUARY 2021.
_____________________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
Planning Division
1. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. Prior to building permit final and 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 will not be condominiums
until this description change permit is final.
3. The building permit for the new construction shall not receive final inspection until after
recordation of the parcel map.
4. 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 Tentative 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 Title 19 Subdivisions of the NBMC.
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 without
304
Goldenrod, LLC Residential Condominiums including, but not limited to, Tentative Parcel Map
No. NP2020-018 and Coastal Development Permit No. CD2020-149 (PA2020-352). 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
7. A Parcel Map shall be recorded. The map shall be prepared on the California coordinate
system (North American Datum of 1983, 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 Subdivisions
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Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall
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 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.
9. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
10. All damaged sidewalk panels, curb, gutter, and street along the Goldenrod Avenue property
frontage and any damaged concrete alley panels along the alley property frontage shall be
reconstructed as determined by the Public Works Department.
11. All existing overhead utilities shall be undergrounded.
12. No above ground improvements will be permitted within the 5-foot rear alley setback.
Smooth transitions between neighboring properties shall be provided.
13. All non-standard encroachments within the Goldenrod Avenue public right of way, including
but not limited to, carriage walks, railings, and walls shall be removed.
14. The two existing street trees along the Goldenrod Avenue frontage shall be protected in
place.
15. The Applicant shall install new sod or low groundcovers of the type approved by the City
throughout the Goldenrod Avenue parkway fronting the development site.
16. 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.
17. An encroachment permit shall be required for all work activities within the public right-of-
way.
18. See City Standard
110-L.
19. In case of damage done to public improvements surrounding the development site by private
construction, additional reconstruction within the public right-of-way shall be required at the
discretion of the Public Works Inspector.
Building Division
20. Independent fire risers shall be required for each unit.
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Attachment No. ZA 2
Vicinity Map
15
VICINITY MAP
Tentative Parcel Map No. NP2020-018 and
Coastal Development Permit No. CD2020-149
(PA2020-352)
304 and 304 ½ Goldenrod Avenue
Subject Property
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Attachment No. ZA 3
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PA2020-352
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Attachment No. ZA 4
County Parcel Map No. 2019-172
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