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HomeMy WebLinkAboutZA2021-047 - APPROVING TENTATIVE PARCEL MAP NO. NP2021-008 AND COASTAL DEVELOPMENT PERMIT NO. CD2021-029 FOR TWO (2)-UNIT CONDOMINIUM PURPOSES LOCATED AT 440 AND 440 ½ FERNLEAF AVENUE (PA2021-151)05-14-19 RESOLUTION NO. ZA2021-047 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. NP2021-008 AND COASTAL DEVELOPMENT PERMIT NO. CD2021-029 FOR TWO (2)-UNIT CONDOMINIUM PURPOSES LOCATED AT 440 AND 440 ½ FERNLEAF AVENUE (PA2021-151) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by 440 Fernleaf LLC (Applicant), with respect to property located at 440 and 440 ½ Fernleaf Avenue, requesting approval of a tentative parcel map and coastal development permit. 2. The lot at 440 Fernleaf Avenue is legally described as Lot 22 in Block 443 of Corona del Mar. 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 required because this property is in the Coastal Zone. 4. The subject property is categorized RT (Two Unit Residential) by the General Plan Land Use Element and is 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 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 Zoning Administrator Resolution No. ZA2021-047 Page 2 of 10 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 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. 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 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 Fernleaf Avenue and Second Avenue frontages, as needed, as well as the undergrounding of utilities, consistent with the NBMC and Subdivision 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 change the residential density. 2. The subject property is accessible from Fernleaf and Second Avenues and the alley at the rear. Zoning Administrator Resolution No. ZA2021-047 Page 3 of 10 02-03-2020 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 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: 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 Zoning Administrator Resolution No. ZA2021-047 Page 4 of 10 02-03-2020 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 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 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 by the Legislature. However, this project site is not considered a “land project” as previously defined in Section 11000.5 of the California Business and Professions Code because the project site does not contain 50 or more parcels of land. 2. The project is not located within a specific plan area. Finding: 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. Zoning Administrator Resolution No. ZA2021-047 Page 5 of 10 02-03-2020 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 system will 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. Zoning Administrator Resolution No. ZA2021-047 Page 6 of 10 02-03-2020 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 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 1,400 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. 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 this 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 Tentative Parcel Map will not affect public recreation, access or views. Zoning Administrator Resolution No. ZA2021-047 Page 7 of 10 02-03-2020 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. NP2021-008 and Coastal Development Permit No. CD2021-029, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. The approval of Parcel Map No. NP2021-008 and of Coastal Development Permit No. CD2021-029 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 16TH DAY OF SEPTEMBER 2021. Zoning Administrator Resolution No. ZA2021-047 Page 8 of 10 02-03-2020 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. 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 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 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 440 Fernleaf LLC Residential Condominiums including, but not limited to, Tentative Parcel Map No. NP2021-008 and Coastal Development Permit No. CD2021- 029 (PA2021-151). 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. Zoning Administrator Resolution No. ZA2021-047 Page 9 of 10 02-03-2020 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 Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City’s CADD Standards. Scanned images will not be accepted. 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. Prior to building permit final and subsequent to the recordation of the Parcel Map, all damaged sidewalk panels, curb, gutter, and street along the Fernleaf Avenue and Second Avenue frontages and any damaged concrete alley panels along the alley property frontage shall be reconstructed 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, the applicant shall install a new 36-box tree within the Fernleaf Avenue and Second Avenue frontages. City street tree shall be compliant with City Council Policy G-6. 12. A 10-radius corner cut-off at the corner of Fernleaf Avenue and Second Avenue shall be dedicated to the City of Newport Beach for street purposes. The proposed wall that is located within the corner cut-off area shall be removed from the dedication area. 13. A City Standard sidewalk shall be installed along the entire Second Avenue frontage. 14. A new ADA compliant curb ramp shall be installed at the Fernleaf Avenue and Second Avenue intersection. 15. 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. 16. All existing overhead utilities shall be undergrounded. 17. No above ground improvements are permitted within the 5-foot alley setback area. Zoning Administrator Resolution No. ZA2021-047 Page 10 of 10 02-03-2020 18. Prior to building permit final and subsequent to the recordation of the Parcel Map, the applicant shall remove all non-standard improvements within the Fernleaf Avenue and Second Avenue frontage. Install new sod or low groundcovers of the type approved by the City throughout the Fernleaf Avenue and Second Avenue parkway fronting the development site. 19. An encroachment permit is required for all work activities within the public right-of-way. 20. All improvements shall comply with the City’s sight distance requirement. See City Standard 110-L. 21. All on-site drainage shall comply with the latest City Water Quality requirements. 22. 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. Building Division 23. Independent fire risers shall be required for each unit.