HomeMy WebLinkAbout04_502 Begonia Residential Condominiums Tentative Parcel Map and CDP_PA2021-152CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 16, 2021
Agenda Item No. 4
SUBJECT: 502 Begonia Residential Condominiums (PA2021-152)
▪Tentative Parcel Map No. NP2021-009
▪Coastal Development Permit No. CD2021-030
▪County Parcel Map No. 2021-147
SITE LOCATION: 502 and 502 ½ Begonia Avenue
APPLICANT/OWNER: Carl E. Patterson Jr., Trustee of the Thalassa Trust Dated April 12,
2006
PLANNER: Patrick Achis, Assistant Planner
949-644-3237, pachis@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 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. NP2021-009 and Coastal Development Permit No. CD2021-030 (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 intends 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 a duplex development because it is relatively flat,
rectangular, and can be adequately served by existing utilities. Further, the project
will maintain the previously existing on-site density of two units and is within a
developed residential neighborhood.
•The existing duplex was demolished under Building Permit No. X2021-1223 and
will be replaced with a new duplex currently under construction per Building Permit
No. X2021-0199.
•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 502 and 502 ½ Begonia Avenue is being
constructed under CEO2021010, which became effective on March 17, 2021.
•A CEO only exempts certain residential demolition and construction activities
identified in the Exclusion Order. The CEO does not exempt subdivisions, so the
project’s tentative parcel map requires the approval of a CDP.
•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 Begonia Avenue
frontage, as needed, as well as the undergrounding of utilities, consistent with Title
19 (Subdivisions) of the Newport Beach Municipal Code (NBMC).
•The new 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.
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•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.
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Prepared by:
BMZ/pda
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant’s Written Statement
ZA 4 County Parcel Map No. 2021-147
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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. NP2021-009 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-030 FOR TWO (2)-UNIT CONDOMINIUM PURPOSES LOCATED AT 502 AND 502 ½ BEGONIA AVENUE (PA2021-152)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Carl E. Patterson Jr., Trustee of the Thalassa Trust Date April
12, 2006 (Applicant), with respect to property located at 502 and 502 ½ Begonia Avenue,requesting approval of a tentative parcel map and coastal development permit.
2.The lot at 502 and 502 ½ Begonia is legally described as Lot 4 in Block 530 of Corona delMar.
3.The Applicant requests a tentative parcel map for two (2)-unit condominium purposes. Aduplex has been demolished and a new duplex is currently under construction pursuant toZoning and Building Code requirements. The Tentative Parcel Map will allow each unit tobe sold individually. No waivers of Title 19 (Subdivisions) are proposed. A coastal
development Permit (CDP) is required because this property is in the Coastal Zone.
4.The subject property is categorized RT (Two Unit Residential) by the General Plan LandUse Element and are located within the R-2 (Two-Unit Residential) Zoning District.
5.The subject property is in 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 September 16, 2021, consistent with Governor’s
Executive Orders N-08-21 and N-29-20 related to COVID-19. A notice of time, place andpurpose 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, theZoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1.This project is exempt from the California Environmental Quality Act (CEQA) pursuant toSection 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, CaliforniaCode 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 forresidential, commercial, or industrial use into four (4) or fewer parcels when the division
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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 Newport Beach Municipal Code (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. Theproject site was previously developed with a duplex and has been cleared of existingimprovements. A new duplex is under construction. The proposed subdivision andimprovements are consistent with the density of the property’s R-2 Zoning District
and 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 Begonia Avenue Frontage,
as needed, as well as the undergrounding of utilities, consistent with the NBMC andSubdivision Map Act.
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 and the new duplex will not changethe residential density.
2.The subject property is accessible from Begonia and Second Avenues and the alley
at the rear.
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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.
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 preparedfor 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 notcontain 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:
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 theseeasements 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
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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 Public Works Department has reviewed the proposed Tentative Parcel Map and
determined that the design of the development will not conflict with easementsacquired by the public at large, for access through, or use of property within theproposed 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 notdesignated 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 allows residential uses.
Finding:
G.That, in the case of a “land project” as defined in Section 11000.5 of the California Business
and Professions Code: (1) there is an adopted specific plan for the area to be included
within the land project; and (2) the decision-making body finds that the proposed land
project is consistent with the specific plan for the area.
Facts in Support of Finding:
1.California Business and Professions Code Section 11000.5 has been repealed bythe Legislature. However, this project site is not considered a “land project” aspreviously 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.
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Fact in Support of Finding:
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
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:
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 systemwill not result in a violation of existing requirements prescribed by the Regional Water
Quality Control Board.
Fact in Support of Finding:
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 (3) of the Coastal Act.
Fact in Support of Finding:
The subject property is within the Coastal Zone. All Facts in Support of Findings L and M are hereby incorporated by reference.
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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:
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 newduplex is under construction. The new duplex conforms to all applicable developmentstandards, including floor area limit, setbacks, height, and off-street parking. Theproposed 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 projectsare required to comply with the California Building Code and Building Division standardsand policies.
3.The Tentative Parcel Map is for a property within a developed neighborhood that is over1,100 feet from the mean high-water line and is not near any natural landforms orenvironmentally 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 orshoreline of any body of water located within the coastal zone.
Facts 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
between the requirement and the project’s impact and be proportional to the impact. In thiscase, the project the project is a tentative parcel map for two (2)-unit condominiumpurposes. The project does not involve a change in land use, density or intensity that willresult 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 Tentative Parcel Map will not affect public recreation, access or views.
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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 ofRegulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significanteffect on the environment.
2.The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2021-009 and Coastal Development Permit No. CD2021-030, subject to theconditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference.
3.The approval of Parcel Map No. NP2021-009 and of Coastal Development Permit No.
CD2021-030 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 CommunityDevelopment Director in accordance with the provisions of Title 21 (Local CoastalImplementation Plan) of the Newport Beach Municipal Code. The project site is not locatedwithin 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 16TH DAY OF SEPTEMBER 2021.
________________________________ 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, unlessspecifically 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 from “duplex” to “condominium.” The development will not becondominiums 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 ofany of those laws in connection with the use may be cause for revocation of thisTentative Parcel Map.
5.This approval shall expire and become void unless exercised within 24 months from theactual date of review authority approval, except where an extension of time is approved incompliance 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 agentsfrom and against any and all claims, demands, obligations, damages, actions, causes ofaction, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (includingwithout 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 502 Begonia Residential Condominiums including, but not limited to,Tentative Parcel Map No. NP2021-009 and Coastal Development Permit No. CD2021-030 (PA2021-152). This indemnification shall include, but not be limited to, damagesawarded 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 Applicantshall indemnify the City for all of City's costs, attorneys' fees, and damages, which Cityincurs in enforcing the indemnification provisions set forth in this condition. The Applicantshall pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
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Public Works Department
7.A Parcel Map shall be recorded. The map shall be prepared on the California coordinatesystem (North American Datum of 1983, NAD83). Prior to recordation of the map, thesurveyor/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 SubdivisionsManual, Subarticle 18. The Map to be submitted to the City of Newport Beach shallcomply with the City’s 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 CountySurveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange CountySubdivision 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 WorksDepartment.
10.Prior to building permit final and subsequent to the recordation of the Parcel Map, alldamaged sidewalk panels, curb, gutter, and street along the Begonia Avenue frontageand any damaged concrete alley panels along the alley property frontage shall bereconstructed by the applicant as determined by the Public Works Department.
11.Prior to building permit final and subsequent to the recordation of the Parcel Map, theapplicant must install a new 36-box tree within the Begonia Avenue frontage. City streettree shall be compliant with City Council Policy G-6.
12.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 andcover.
13.All existing overhead utilities shall be undergrounded.
14.No above ground improvements are permitted within the 5-foot alley setback area.
15.Prior to building permit final and subsequent to the recordation of the Parcel Map, theapplicant shall remove all non-standard improvements within the Begonia Avenue
parkway frontage. Install new sod or low groundcovers of the type approved by the City
throughout the Begonia Avenue parkway fronting the development site.
16.An encroachment permit is required for all work activities within the public right-of-way.
17.All improvements shall comply with the City’s sight distance requirement. See City
Standard 110-L.
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18.All on-site drainage shall comply with the latest City Water Quality requirements.
19.In case of damage done to public improvements surrounding the development site bythe private construction, additional reconstruction within the public right-of-way could berequired 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
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VICINITY MAP
Tentative Parcel Map No. NP2021-009 and
Coastal Development Permit No. CD2021-030
(PA2021-152)
502 and 502 ½ Begonia Avenue
Subject Property
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Attachment No. ZA 3
Applicant’s Written Statement
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ACCOMPANYING WRITTEN STATEMENT FOR TENTATIVE PARCEL MAP APPLICATION
FOR
502 BEGONIA AVENUE, CORONA DEL MAR
a.What is the existing use(s) of the property?: The existing use of theproperty is residential. The purpose of the subdivision is to create a single parcel for two condominium units.
b.What improvements and public utilities are proposed to be made or
installed and when are said improvements proposed to be completed?: A newly constructed two-unit condominium building will be constructed on the property. The public utilities will be constructed in accordance with the building code and each unit will have a separate service for water, gas, electricity and sewage. The proposed improvements are expected to be completed within the next 12 months.
c.What is the provision(s) for sewage and sewage disposal?: Each unitwill have a separate sanitary sewage line to the main sewage line in the public right of way.
d.What, if any, public area(s) is proposed?: No public areas are proposed.
e.What, if any, tree planting(s) is proposed?: No trees are to be plantedexcept as shown on the landscape plan and/or imposed as a condition by the City of Newport Beach.
f.If any, briefly list and attach a copy of any restrictive covenants
proposed: No restrictive covenants are proposed to be imposed except for a Declaration of Covenants, Conditions and Restrictions to ensure appropriate governance of the use and occupation of the property by two separate condominium unit owners.
This statement was signed this l t\ day of _...,_J___.U_n.l___;;._ ___ , 2021, at Newport Beach, California.
OWNER: Carl E Patterson Jr., Trustee of the Thalassa Trust, dated April 12, 2006
' By:=..L.--'-'--""-�--------tterson Jr., Trustee
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Attachment No. ZA 4
County Parcel Map No. 2021-147
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