HomeMy WebLinkAbout03_Brawner Residential Condominium Conversion, Tentative Parcel Map and CDP_PA2021-129CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT September 30, 2021 Agenda Item No. 3
SUBJECT: Brawner Residential Condominium (PA2021-129)
Condominium Conversion No. CC2021-001
Tentative Parcel Map No. NP2021-006
County Tentative Parcel Map No. 2021-132
Coastal Development Permit No. CD2021-024 SITE LOCATION: 422 and 422 ½ Acacia Avenue
APPLICANT: Kent G. and Barbara C. Brawner
OWNER: Kent and Barbara Brawner Trust
PLANNER: Melinda Whelan, Assistant Planner 949-644-3221 or mwhelan@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: RT (Two-Unit Residential)
•Zoning District: R-2 (Two-Unit Residential)
•Coastal Land Use Plan Category: RT-D (Two-Unit Residential) (20.0-29.9 DU/AC)
•Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
A request for a condominium conversion and tentative parcel map for an existing duplex
to be converted into a two-unit condominium.. The existing duplex was constructed in 1988 per condominium standards; however a parcel map was not recorded, and the building permit was finaled as a duplex. 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 15301 and 15315 under Class 1 (Existing Facilities) and Class15 (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 effecton the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving CondominiumConversion No. CC2021-001, and Tentative Parcel Map No. NP2021-006 andCoastal Development Permit No. CD2021-024 (Attachment No. ZA 1).
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DISCUSSION
The existing duplex was constructed in 1988 per condominium standards
(Attachment No. ZA 4); however,a parcel map was not recorded, and although the
original intent was to create condominiums, the building permit was finaled as a
duplex.
The subject property is a sloping lot and measures 3,540 square feet in area.
The existing development is consistent with this designation and approval of a
tentative parcel map and condominium conversion for individual sale of the units
does not change the use or density of the property.
A special inspection was conducted on September 9, 2021. The building inspector
found the kitchen and bathrooms have missing GFCI outlets, various stair/deck
handrails/guardrails do not meet current safety standards of the Building Code,
and an unpermitted loft with related stairs in the rear unit at 422 ½ Acacia Avenue.
Additionally, only one sewer and piping connection could be identified. The
condominium conversion is conditioned to require all GFCI outlets be provided,
update the varioushandrailsand guardrails to meet the current BuildingCode, and
to permit or remove the unpermitted loft and related stairs. Additionally, a separate
sewer and related piping shall be provided for each unit. A final inspection by the
building inspector will be required to verify these conditions are met prior to final of
the condominium permit and prior to recordation of the map.
Other than the remodeling related to reinstalling the kitchen, no new construction
is proposed in conjunction with the current application.Approval of the application
will convert the two-unit dwelling into two condominiums and allow individual sale
of the units.
The condominium project will conform to current Newport Beach Municipal Code
(NBMC) requirements and meet all Title 19 standards.
The existing tandem garage and carport spaces provide the minimum Code-
required spaces four() and dimension (17 feet, 6 inches wide for the two garage
spaces and a total 35 feet in depth total for the garage and carport spaces).
The parcel map is subject to a Coastal Development Permit and conforms to Title
21 Local Coastal Program Implementation Plan in the Municipal Code. The parcel
map will meet the required findings found in NBMC Section 21.52.015(F) (Findings
and Decision).Complete findings and facts in support are enumerated in the draft
resolution (Attachment No. ZA 1).
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The project site is not located between the nearest public road and the sea or
shoreline.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301 under Class 1 (Existing
Facilities) and Section 15315 under Class 15 (Minor Land Divisions) of the State CEQA
Guidelines. The Class 1 exemption allows for minor interior and exterior alterations that
involve negligible or no expansion of use. 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 Tentative Parcel Map, Condominium Conversion and Coastal Development
Permit is for condominium purposes and is consistent with all of the requirements of the
Class 1 and Class 15 exemption. The only construction being done is minor interior
alterations to correct the items found in the special inspection.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
and residential occupants within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan)of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
13120, and Section 30603 of the Coastal Act.For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
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Prepared by:
MS/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Tentative Parcel Map No. NP2021-006
County Tentative Parcel Map No. 2021-132
ZA 4 Original Plans from 1988
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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 APPROVING CONDOMINIUM
CONVERSION NO. CC2021-001, TENTATIVE PARCEL MAP NO.
NP2021-006, AND COASTAL DEVELOPMENT PERMIT NO.
CD2021-024TO CONVERT AN EXISTING DUPLEXLOCATED AT
422 AND 422 ½ ACACIA AVENUE INTO A TWO (2)-UNIT
CONDOMINIUM (PA2021-129)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Kent G. and Barbara C. Brawner(Applicant , with respect to
property located at 422 and 422 ½ Acacia Avenue,requesting approval of a condominium
conversion, tentative parcel map, and coastal development permit.
2. The property at 422 and 422 ½ Acacia Avenue is legally described as Lot 6, Block 429 of
Corona del Mar.
3. The applicant proposes a condominium conversion, tentative parcel map, and coastal
development permitto convert an existing 3,528-square-foot, two(2)-unit dwelling into two
(2) condominiums. The required two (2)-car parking per unit will be provided and no
waivers of Title 19 (Subdivision Code) development standards are proposed with this
application. The existing development complies with all other applicable development
standards including height and floor area limits. Approval of the Tentative Parcel Map and
Condominium Conversion Permit would allow each unit to be sold individually as
condominiums.
4. The subject property is designated RT (Two-Unit Residential)by the General Plan Land
Use Element and is located within the R-2 (Two-UnitResidential)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 it is located within the R-
2 (Two-Unit Residential) Coastal Zone District.
6. A public hearing was held online on September 30, 2021,
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
Administratorat this hearing.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15301 and 15315, Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act (CEQA) under Class 1
(Existing Facilities) and Class 15 (Minor Land Divisions), because it has no potential to
have a significant effect on the environment.
Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or
minor alteration of existing public or private structures, facilities, mechanical equipment,
or topographical features, involving negligible or no expansion of use beyond that
The proposed project consists
of the conversion of an existing 3,528-square-foot, two (2)-unit dwelling with attached
garaged and covered parking and does not involve new construction that will expand or
enlarge the existing units. The conversion of the two (2)-unit dwelling into condominiums
will allow the units to be sold separately.
Class 15 exempts 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 exceptionsare 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 nothave an average slope greater than 20 percent. The Tentative Parcel Map and
Condominium Conversion is for individual sale of the units and is consistent with all of
the requirements of the Class 15 exemption.
The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardouswaste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Condominium Conversion
In accordance with Section 19.64.070 (Standards for Condominium Conversions) of the
Newport Beach Municipal Code, the following findings are set forth:
Finding:
A. The minimum number, and the design and location of off-street parking spaces shall be
provided in conformance with the provisions of the Zoning Ordinance in effect at the
time of approval of the conversion.
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Facts in Support of Finding:
1. As permitted and conditioned, each unit will provide a one (1)-car garage and a one (1)-
car carport.
2. The four (4) spaces provided meet the number of spaces required (two [2] per unit) per
Chapter 20.40 (Off-Street Parking) of the Zoning Code.
Finding:
B. Each dwelling unit within a building shall have a separate sewer connection to the City
sewer.
Fact in Support of Finding:
1. As permitted and conditioned, each unit will maintain separate sewer connections to the
City sewer.
Finding:
C. Each sewer lateral shall be retrofitted/fitted with a cleanout at the property line.
Fact in Support of Finding:
1. As permitted and conditioned, each unit will provide a separate sewer cleanout located at
the property line.
Finding:
D. Each unit shall maintain a separate water meter and water meter connection.
Fact in Support of Finding:
1. As permitted and conditioned, each unit will maintain a separate water meter and water
meter connection.
Finding:
E. The electrical service connection shall comply with the requirements of Chapter 15.32
(Underground Utilities) of the Newport Beach Municipal Code.
Fact in Support of Finding:
1. The existing two (2)-unit dwelling was constructed with an electrical service connection
that was, at such time, determined to be in compliance with the requirements of NBMC
Chapter 15.32. No upgrades or changes are required to the existing service
connections.
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Finding:
F. The applicant for a condominium conversion shall request a special inspection from the
Building Division for the purpose of identifying any building safety violations. The
applicant shall correct all identified safety violations prior to approval of a final map for
the condominium conversion.
Fact in Support of Finding:
1. A special inspection was conducted on September 9, 2021. The building inspector found
the kitchen and bathrooms have missing GFCI outlets, various stair/deck
handrails/guardrails do not meet current safety standards of the Building Code, and an
unpermitted loft with related stairs in the rear unit at 422 ½ Acacia Avenue. Additionally,
only one(1)sewer and piping connection could be identified. The condominium conversion
is conditioned to require all GFCI outlets be provided, update the various handrails and
guardrails to meet the current Building Code, and to permit or remove the unpermitted loft
and related stairs. A separate sewer and related piping shall be provided for each unit. A
final inspection by the building inspector will be required to verify these conditions are met
prior to final of the condominium permit and prior to recordation of the map.
Finding:
G. Permanent lot stakes and tags shall be installed at all lot corners by a licensed surveyor
or civil engineer unless otherwise required by the City Engineer.
Fact in Support of Finding:
1. As conditioned, the project will comply with this requirement prior to recordation of the
final parcel map.
Finding:
H. For residential conversions, the project shall be consistent with the adopted goals and
policies of the General Plan, particularly with regard to the balance and dispersion of
housing types within the City.
Facts in Support of Finding:
1. The project is consistent with the adopted goals and policies of the Land Use Element
and other Elements of the General Plan. The project site is designated as RT (Two-Unit
Residential) by the Land Use Element of the General Plan. The existing two (2)-unit
dwelling is consistent with the RT land use category, which is intended to provide for a
range of two (2)-unitdwelling units such as duplexes and townhomes.
2. The existing two (2)-unit dwelling will be converted into a two (2)-unit condominium. The
residential density on the site will remain the same.
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Finding:
I. The establishment, maintenance or operation of the use or building applied for shall not,
under the circumstances of the particular case, be detrimental to the health, safety,
peace, comfort and general welfare of persons residing or working in the neighborhood
of such proposed use or be detrimental or injurious to property and improvements in the
neighborhood or the general welfare of the City.
Facts in Support of Finding:
1. The application of the project as conditioned will ensure the health, safety, peace, comfort,
and general welfare of persons residing or working in the neighborhood and the City.
2. The requested application is to convert an existing two (2)-unit dwelling into two (2)
condominiums for individual sale of the units on property located within the R-2 Zoning
District.
3. Public improvements will be required of the Applicant per the Municipal Code and the
Subdivision Map Act.
Tentative Parcel Map
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of Title 20 of the Newport Beach Municipal Code and is approved
based on the following findings per Section 19.12.070 (Required Findings for Action on
Tentative Maps)of Title 19:
Finding:
J. 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 two
(2)-unit dwelling will comply with current condominium standards. 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 Tentative Parcel Map does not apply to any specific plan area.
Finding:
K. That the site is physically suitable for the type and density of development.
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Facts in Support of Finding:
1. The lot is physically suitable for two (2)-unit development because it is regular in shape
and has been occupied by a two (2)-unit development since 1988.
2. The subject property is accessible from the alley at the rear and is adequately served
by existing utilities.
Finding:
L. 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.
Fact in Support of Finding:
This project has been reviewed, and it has been determined that it qualifies for a Class
1 and a Class 15 categorical exemption pursuant to Title 14 of the California Code of
Regulations Sections 15301 and 15315, Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act).
Class 1 exempts the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no
expansion of use beyond that existing at the time of the lead agenc
determination.The proposed project consists of the conversion of an existing
3,528-square-foot, two (2)-unit dwelling with attached four (4)-car
garaged/covered parking and involves no new construction to expand or
enlarge the existing units. Only minor interior alterations will be made to
correct the items from the special inspection. The conversion of the two (2)-
unit dwelling into condominiums will allow the units to be sold separately.
Class 15 exempts 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 have an average slope
greater than 20 percent. The existing two (2)-unit dwelling isa permitted use
and minimal physical improvements are necessary to allow the requested
condominium conversion for the individual sale of the units. The site hasnot
been subject to a prior subdivision and does nothave a slope of greater than
20 percent.
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Finding:
M. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Fact in Support of Finding:
1. The Tentative Parcel Map is for residential condominium purposes. All improvements
associated with the project will comply with all Building, Public Works, and Fire Codes,
which are in place to prevent serious public health problems. Public improvements will
be required of the applicant per Section 19.28.010 (General Improvement
Requirements) of the Municipal Code 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:
N. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision. In this connection, the decision-making body may approve a
map if it finds that alternate easements, for access or for use, will be provided and that
these easements will be substantially equivalent to ones previously acquired by the
public. This finding shall apply only to easements of record or to easements established
by judgment of a court of competent jurisdiction and no authority is hereby granted to
the City Council to determine that the public at large has acquired easements for access
through or use of property within a subdivision.
Fact in Support of Finding:
1. The design of the development will not conflict with easements acquired by the public
at large, for access through, or use of property within the proposed development,
because there are no public easements located on the property.
Finding:
O. 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.
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2. The site is developed for residential use and lies in a Zoning District that permits
residential uses.
Finding:
P.
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
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:
Q. 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:
R. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
regional housing need and that it balances the housing needs of the region against the
resources.
Fact in Support of Finding:
1. The two (2)-unit dwelling is consistent with the R-2 Zoning District which allows 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.
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Finding:
S. 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 two (2)-unit dwelling is designed so that wastewater discharge into the existing
sewer system complies with the Regional Water Quality Control Board (RWQCB)
requirements.
Finding:
T. 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 located within the Coastal Zone. A coastal development permit
is requested in conjunction with the proposed tentative parcel map and condominium
conversion application. The project complies with the certified Local Coastal Program
(LCP) and public access and recreation policies of Chapter 3 of the Coastal Act. The
Facts in Support of Findings U and V for the Coastal Development Permit (below) are
hereby incorporated by reference.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
U. 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. The
replacement of the kitchen with no additional square footage is exempt from Local
Coastal Program requirements. The 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.
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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 that is over 700 feet from the harbor and is
not near any natural landforms or environmentally sensitive areas.
Finding:
V. Conforms to 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
betwee
case, 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 Sections
15301 and 15315 under Class 1 (Existing Facilities) and Class 15 (Minor Land Divisions)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential to have a significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Condominium
Conversion No. CC2021-001, Tentative Parcel Map No. NP2021-006, and Coastal
Development Permit No. CD2021-024,
which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the Director
of Community Development in accordance with the provisions of NBMC Title 19
(Subdivisions) and Title 21 (Local Coastal Program Implementation Plan). Final action
taken by the City on the coastal development permit may be appealed to the Coastal
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14 California Code of Regulations, Sections 13111 through 13120, and Section 30603
of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF SEPTEMBER,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
condominiums until this description change is final.
3. The building permit for the condominium conversion shall not receive final inspection
until after recordation of the parcel map.
4. Prior to building permit final of the condominium conversion and the recordation of the
Parcel Map, all Building Code safety violations identified in the special inspection shall
be corrected with the appropriate building permits including but not limited to the
following: provide all of the Building Code required GFCI outlets; upgrade the various
handrails and guardrails to meet current Building Code; and remove or permit the
second floor loft and related stairs in the rear unit.
5. 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
approval.
6. 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.
7. 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
costs) of every kind and nature
approval of Brawner Residential Condominium including, but not limited to,
Condominium Conversion No. CC2021-001,Tentative Parcel Map No. NP2021-006
and Coastal Development Permit No. CD2021-024 (PA2021-129). 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.
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Public Works Department
8.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
9.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.
10. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
11. All damaged sidewalk panels, curb, gutter, and street along the Acacia Avenue frontage
and any damaged concrete alley panels along the alley property frontage shall be
reconstructed as determined by the Public Works Department.
12. Protect in place the existing street trees along Acacia Avenue.
13. 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.
14. All existing overhead utilities shall be undergrounded.
15. No above ground improvements are permitted within the 5-foot alley setback area.
16. The decorative hardscape within the Acacia Avenue parkway frontage shall be removed.
New sod or low groundcovers of the type approved by the City shall be planted
throughout the Acacia Avenue parkway fronting the development site.
17. An encroachment permit is required for all work activities within the public right-of-way.
18.
Standard 110-L.
19. All non-standard encroachments within the Acacia Avenue public-rights-of-way,
including but not limited to walkways and hardscape.
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Zoning Administrator Resolution No. ZA2021-###
Page 14 of 14
20. All on-site drainage shall comply with the latest City Water Quality requirements.
21. 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
22. Independent utility services shall be provided for each unit.
23. If fire sprinklersare required now or in the future,then independent fire risers shall be
required for each unit.
24. All construction activities shall comply with the California Code of Regulations.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
,
Condominium ConversionNo. CC2021-001,Tentative
Parcel Map No. NP2021-006andCoastal
Development Permit No. CD2021-024
PA2021-129
422 and 422 ½ Acacia Avenue
Subject Property
21
Attachment No. ZA 3
Tentative Parcel Map
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23
Attachment No. ZA 4
Original Plans from 1988
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