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HomeMy WebLinkAboutZA2021-055 - APPROVING TENTATIVE PARCEL MAP NO. NP2021-012 AND COASTAL DEVELOPMENT PERMIT NO. CD2021-034 FOR TWO (2)-UNIT CONDOMINIUM PURPOSES LOCATED AT 514 AND 514 ½ ACACIA AVENUE (PA2021-171)05-14-19 RESOLUTION NO. ZA2021-055 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. NP2021-012 AND COASTAL DEVELOPMENT PERMIT NO. CD2021-034 FOR TWO (2)-UNIT CONDOMINIUM PURPOSES LOCATED AT 514 AND 514 ½ ACACIA AVENUE (PA2021-171) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Nicholson Companies (Applicant), with respect to property located at 514 and 514 ½ Acacia Avenue, and legally described as the northeasterly 13 feet of Lot 14 and all of Lots 16 and 18, Block 529, of the Corona Del Mar Tract, requesting approval of a tentative parcel map and coastal development permit. 2. The Applicant requests a tentative parcel map for two (2)-unit condominium purposes. A duplex has been demolished and a new duplex is currently under construction pursuant to Zoning and Building Code requirements. The Tentative Parcel Map will allow each unit to be sold individually. No waivers of Title 19 (Subdivisions) are proposed. A coastal development permit (CDP) is also required because this property is in the Coastal Zone. 3. The subject property is categorized RT (Two Unit Residential) by the General Plan Land Use Element and are located within the R-2 (Two-Unit Residential) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-D (Two Unit Residential) (20.0 - 29.9 DU/AC) and the Coastal Zoning designation is R-2 (Two-Unit Residential). 5. A public hearing was held on October 14, 2021, online via Zoom. 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 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 Zoning Administrator Resolution No. ZA2021-055 Page 2 of 9 02-03-2020 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. Tentative Parcel Map 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 category. 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 Acacia Avenue frontage and alley as needed, as well as the undergrounding of utilities, consistent with the Title 19 (Subdivisions) of the NBMC. Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The lot is physically suitable for a duplex because it is relatively flat and rectangular. It was also previously developed with a duplex. 2. The subject property is accessible from both Acacia Avenue and the alley in the rear. 3. The site is adequately served by existing utilities, as the site was previously developed with a duplex that is being replaced resulting in no increase of density. Zoning Administrator Resolution No. ZA2021-055 Page 3 of 9 02-03-2020 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. Zoning Administrator Resolution No. ZA2021-055 Page 4 of 9 02-03-2020 Facts in Support of Finding: 1. The Public Works Department has reviewed the proposed Tentative Parcel Map and determined that the design of the development will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed development because no public easements are located on the property. 2. There are no existing easements either through or adjacent to the property. Finding: F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: 1. The property is not subject to the Williamson Act because the subject property is not designated as an agricultural preserve and is less than 100 acres in area. 2. The site, developed for residential use, lies in the R-2 Zoning District, which is intended for and permits residential uses. Finding: G. 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. ZA2021-055 Page 5 of 9 02-03-2020 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 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: 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 needs. Finding: J. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Fact in Support of Finding: 1. The residential building under construction has been designed to have wastewater discharge into the existing sewer system and complies with the Regional Water Quality Control Board (RWQCB) requirements. Finding: K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Fact in Support of Finding: 1. The subject property is within the Coastal Zone. All Facts in Support of Findings L and M are hereby incorporated by reference. Coastal Development Permit In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Zoning Administrator Resolution No. ZA2021-055 Page 6 of 9 02-03-2020 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 in an area known for the potential of seismic activity. All projects are required to comply with the California Building Code and Building Division standards and policies. 3. The Tentative Parcel Map is for a property within a developed neighborhood that is over 1,000 feet from the mean high-water line and is not near any natural landforms or environmentally sensitive areas. Finding: M. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: 1. The project site is located approximately 1,100 feet northeast of Bayside Drive, which is considered the first public road paralleling the sea and is far removed from the coast. Additionally, the project allows each unit of a new duplex that replaced an existing duplex to be sold individually. 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. Due to the location and scope of the project, it can be concluded that approval of the parcel map will not affect public recreation, access or views. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2021-055 Page 7 of 9 02-03-2020 2. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel Map No. NP2021-012 and Coastal Development Permit No. CD2021-034 subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. The approval of Tentative Parcel Map No. NP2021-012 and of Coastal Development Permit No. CD2021-034 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 14TH DAY OF OCTOBER, 2021. Zoning Administrator Resolution No. ZA2021-055 Page 8 of 9 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. After the recordation of the Parcel Map and prior to building permit final, 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 514 Acacia, LLC Residential Condominiums including, but not limited to, Tentative Parcel Map No. NP2021-012 and Coastal Development Permit No. CD2021-- 034 (PA2021-171). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Public Works Department 7. A Parcel Map shall be recorded. The map shall be prepared on the California coordinate system (North American Datum of 1983, NAD83). Prior to recordation of the map, the surveyor/engineer preparing the map shall submit to the County Surveyor and the City of Newport Beach, a digital-graphic file of said map in a manner described in Sections 7-9- Zoning Administrator Resolution No. ZA2021-055 Page 9 of 9 02-03-2020 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. All damaged sidewalk panels, curb, gutter, and street along the Acacia Avenue property frontage and any damaged concrete alley panels along the alley property frontage shall be reconstructed as determined by the Public Works Department. 11. The existing street tree along the Acacia Avenue frontage shall be protected in place. 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 and cover. 13. All existing overhead utilities shall be undergrounded. 14. No above ground improvements will be permitted within the 5-foot rear alley setback. Smooth transitions between neighboring properties shall be provided. 15. The Applicant shall remove the hardscape within the Acacia Avenue parkway frontage 16. The Applicant shall install new sod or low groundcovers of the type approved by the City throughout the Acacia Avenue parkway fronting the development site. 17. An encroachment permit shall be required for all work activities within the public right- of-way. 18. All improvements shall comply with the City’s sight distance requirement. See City Standard 110-L. 19. In case of damage done to public improvements surrounding the development site by private construction, additional reconstruction within the public right-of-way shall be required at the discretion of the Public Works Inspector. Building Division 20. Independent fire risers shall be required for each unit.