HomeMy WebLinkAbout04_J&A Living Trust and Akhavi Residential Condominiums Tentative Parcel Map_PA2021-155CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 26, 2021
Agenda Item No. 4
SUBJECT: J&A Living Trust and Akhavi Residential Condominiums (PA2021-155)
Tentative Parcel Map No. NP2021-011
County Tentative Parcel Map No. 2021-129
SITE LOCATION: 508 and 508 ½ Marigold Avenue
APPLICANT: Amy Nili, Jeffery Stearman and Amir Akhavi
OWNER: Amy Nili, Jeffery Stearman, Trustees of the J&A Living Trust and Amir Akhavi
PLANNER: Caitlyn Curley, Planning Technician
949-644-3235 or ccurley@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: RT (Two Unit Residential)
Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
Tentative parcel map for the construction of a new duplex for residential condominium
purposes. An existing 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.
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. NP2021-011 (Attachment No. ZA 1).
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DISCUSSION
The subject property is zoned Two-Unit Residential (R-2) and has a General Plan
Land Use designation of Two Unit Residential (RT). The R-2 Zoning District is
intended to provide areas appropriate for development of a maximum of two
residential dwelling units (i.e., duplexes) on a single legal lot.
The proposed subdivision and improvements are consistent with the density of the
R-2 Zoning District and the General Plan Land Use designation of RT.
The lot is physically suitable for residential development because it is relatively flat,
rectangular, adequately served by existing utilities, and it was previously
developed with a duplex. These improvements were demolished under Building
Permits X2021-0156 and X2021-0157.
A new duplex is currently under construction (Building Permit No. X2020-2167) on
the project site.
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, and cleanouts.
Independent fire risers are required for each unit.
The project has conditions of approval requiring public improvements, including
the reconstruction of sidewalks, curbs and gutters along Marigold Avenue frontage,
as needed, as well as the undergrounding of utilities, and the installation of new
landscape and a new street tree along the Marigold Avenue parkway, consistent
with Title 19 (Subdivisions).
There are no development impact fees incurred on this project, as there is no net
increase in the number of dwelling units.
The design of the duplex was 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.
The subject property is not within the Coastal Zone; therefore, a coastal
development permit is not required.
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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 application was published in the Daily Pilot, mailed to all owners of
properties 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:
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:
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3
ZA 4 County Tentative Parcel Map No. 2021-129
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING
TENTATIVE PARCEL MAP NO. NP2021-011 FOR TWO (2)-UNIT
RESIDENTIAL CONDOMIMIUM PURPOSES LOCATED AT 508
AND 508 ½ MARIGOLD AVENUE (PA2021-155)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Amy Nili and Jeffery Stearman, Trustees of the J&A Living Trust
and Amir Akhavi, with respect to a property located at 508 and 508 ½ Marigold Avenue,
and legally described as Lot 10, Block 540, Tract A, Corona Del Mar requesting approval
of a tentative parcel map.
2. The applicant requests a tentative parcel map for two (2)-unit residential condominium
purposes. No waivers of development standards are requested. An existing duplex has
been demolished and a new duplex is under construction. The Tentative Parcel Map would
allow each unit to be sold individually. No waivers of Newport Beach Municipal Code
(NBMC) Title 19 (Subdivisions) are proposed.
3. The subject property is designated Two Unit Residential (RT) by the General Plan Land
Use Element and is located within the Two-Unit Residential (R-2) Zoning District.
4. The subject property is not located within the coastal zone; therefore, a coastal
development permit is not required.
5. A public hearing was held online on August 26, 2021,
Order N-08-21 and N-29-20 related to COVID-19. 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.
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 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
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have an average slope greater than 20 percent. The project is consistent with and 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 Marigold Avenue frontage,
as needed, as well as the undergrounding of utilities and the installation of new
landscape and a new street tree along the Marigold Avenue parkway, consistent with
Title 19 (Subdivisions).
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 Marigold 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.
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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 for up to two (2) units.
Finding:
G.
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.
2. The project is not located within a specific plan area.
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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:
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
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 not located within the coastal zone.
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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. NP2021-011, 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 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 Title 19 Subdivisions, of
the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF AUGUST, 2021.
_____________________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
Planning Division
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 project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. 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 Use
Permit.
4.
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
5. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
6. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
7. 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 20 Planning and Zoning of the Newport Beach
Municipal Code.
8. 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
whatsoever which may arise from o
approval of J&A Living Trust and Akhavi Residential Condominiums including, but not
limited to, Tentative Parcel Map No. NP2021-011 (PA2021-155). 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,
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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.
Fire Department
9. A separate fire sprinkler system shall be installed for each individual dwelling unit.
Building Division
10. The
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
Public Works Department
11. 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
Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall
12. 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.
13. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
14. Prior to recordation of the parcel map, the applicant shall reconstruct all damaged curb,
gutter and sidewalk along the Marigold Avenue frontage per City Standard. Reconstruct
all alley panels along the alley frontage per City Standard.
15. Prior to recordation of the parcel map, the applicant shall, install a new 36-box tree within
the Marigold Avenue frontage. The City street tree shall be compliant with City Council
Policy G-6.
16. Each unit shall be served by an individual water meter and sewer lateral and cleanout.
Each water meter and sewer cleanout shall be installed with a traffic-grade box and
cover.
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17. Prior to recordation of the parcel map, the applicant shall underground all existing
overhead utilities.
18. No above ground improvements will be permitted within the 5-foot rear alley setback.
19. Prior to recordation of the parcel map, the applicant shall remove hardscape and gravel
within the Marigold Avenue parkway frontage. The applicant shall install new sod or low
groundcovers of the type approved by the City throughout the Marigold Avenue parkway
fronting the development site.
20. An encroachment permit shall be required for all work activities within the public right-
of-way.
21.
Standard 110-L.
22. All on-site drainage shall comply with the latest City Water Quality requirements.
23. 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
14
VICINITY MAP
Tentative Parcel Map No. NP2021-011
(PA2021-155)
508 and 508 ½ Marigold Avenue
Subject Property
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Attachment No. ZA 3
Applicants Written Statement
16
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Attachment No. ZA 4
County Tentative Parcel Map No. 2021-129
18
LOT 10
BLOCK 540
CORONA DEL MAR
M.M. 3/41-42
TENTATIVE PARCEL
MAP NO. 2021-129
JUNE 2021
SCALE = 1" = 16'
HUNTINGTON BEACH, CALIFORNIA 92646PHONE:(714)488-5006 FAX:(714)333-4440
APEXLSINC@GMAIL.COM
PREPARED BY: A. R. H.
PAUL D. CRAFT, P.L.S. 8516LICENSE EXPIRES 12/31/22
OWNER/DEVELOPER:
AMY NILI AND JEFFREY STEARMAN, AS
TRUSTEES OF THE J&A LIVING TRUST, DATED
AUGUST 9, 2013 AS TO AN UNDIVIDED 50%
INTEREST AND AMIR AKHAVI, A MARRIED MAN
AS HIS SOLE AND SEPARATE PROPERTY AS TO
AN UNDIVIDED 50% INTEREST, AS TENANTS IN
COMMON
THE LAND REFERRED TO HEREIN BELOW IS
SITUATED IN THE COUNTY OF ORANGE, STATE
OF CALIFORNIA, AND DESCRIBED AS
FOLLOWS:
LOT 10 IN BLOCK 540 OF CORONA DEL MAR IN
THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 3, PAGE 41 - 42 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE
COUNTY.PROFESSIO N A L LAND
S
U
RVEYORPAULD O M INICK
CRAFTDATE
JN: 20062
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