HomeMy WebLinkAbout04_Pigazzi Residential Condominiums Tentative Parcel Map_PA2022-051
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
July 28, 2022
Agenda Item No. 4
SUBJECT: Pigazzi Residential Condominiums (PA2022-051)
▪ Tentative Parcel Map No. NP2022-005
▪ County Tentative Parcel Map No. 2022-104
SITE LOCATION: 507 and 507 ½ Marguerite Avenue
APPLICANT: Millot Engineering & Consulting
OWNER: Alessio Pigazzi
PLANNER: Chelsea Crager, Associate Planner
949-644-3227, ccrager@newportbeachca.gov
LAND USE AND ZONING
• General Plan Land Use Plan Category: RT (Two-Unit Residential)
• Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
A request for a tentative parcel map for a two-unit condominium. A single-family residence
has been demolished and a new duplex is under construction. No waivers of Title 19
(Subdivisions) are proposed. The Tentative Parcel Map would allow each unit to be sold
individually.
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. NP2022-005 (Attachment No. ZA 1).
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DISCUSSION
• The property is in the R-2 (Two-Unit Residential) Zoning District. The R-2 District
is intended to provide areas appropriate for residential development of up to two
units (i.e., a duplex) on a single legal lot. An existing single-family residence was
demolished under Building Permit No. X2021-1866 and a new duplex is under
construction pursuant to Building Permit No. X2021-0197. A new duplex is
consistent with the R-2 Zoning designation.
• The property measures 30 feet wide by 118 feet deep and is relatively flat. It is in
an already developed neighborhood and is adequately served by existing utilities.
• 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, and includes separated garage parking.
• The project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the Marguerite Avenue
frontage and alley, as needed, as well as the undergrounding of utilities, consistent
with Title 19 (Subdivisions) of the Newport Beach Municipal Code (NBMC).
• This condominium project is subject to the assessment of Fair Share Fees and In-
Lieu Park Dedication fees as the project results in the net increase of one
residential unit.
• The duplex was reviewed and approved by all City Departments. All wastewater
will discharge into the existing sewer system, such that it complies with Regional
Water Quality Control Board (RWQCB) requirements.
• The proposed subdivision and improvements are consistent with the development
standards of the Zoning Code and the policies of the General Plan.
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
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division of a larger parcel within the previous two years, and the parcel does not have an
average slope greater than 20 percent. The project is consistent with and eligible for the
Class 15 Exemption.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of 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.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 10 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
MKN/cc
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 County Tentative Parcel Map No. 2022-104
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP NO. NP2022-005 FOR TWO (2)-UNIT
RESIDENTIAL CONDOMINIUM PURPOSES LOCATED AT 507
AND 507½ MARGUERITE AVENUE (PA2022-051)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Saul Urquiza of Millot Engineering and Consulting (Applicant),
with respect to property located at 507 and 507 ½ Marguerite Avenue, and legally
described as Lot 7, Block 538, of the Corona del Mar Tract requesting approval of a
tentative parcel map for condominium purposes.
2. The Applicant requests a tentative parcel map for two (2)-unit condominium purposes. A
single-family residence has been demolished and a new duplex is under construction. The
tentative parcel map would allow each unit to be sold individually. No waivers of Newport
Beach Municipal Code (NBMC) Title 19 (Subdivisions) are proposed.
3. The subject property is located within the Two-Unit Residential (R-2) Zoning District and
the General Plan Land Use Element category is Two Unit Residential (RT).
4. The subject property is not located within the coastal zone; therefore, a coastal
development permit is not required.
5. A public hearing was held on July 28, 2022, online via Zoom. A notice of time, place and
purpose of the hearing was given in accordance with the 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
parcel does not have an average slope greater than 20 percent. The project meets all
identified criteria; therefore, it is eligible for the Class 15 Exemption.
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Zoning Administrator Resolution No. ZA2022-###
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SECTION 3. REQUIRED FINDINGS.
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of NBMC Title 20 (Planning and Zoning) and is approved based on
the following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps)
of the NBMC:
Finding:
A. That the proposed map and the design or improvements of the subdivision are consistent
with the General Plan and any applicable specific plan, and with applicable provisions of
the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
1. The Tentative Parcel Map is for two (2)-unit residential condominium purposes. The
project site was previously developed with a single-family residence 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 Marguerite 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 single-family residence.
2. The subject property is accessible from both Marguerite Avenue and the alley in the
rear.
3. The site is adequately served by existing utilities, as the site was previously
developed with a single-family residence.
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
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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.
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
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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.
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 meet minimum heating and
cooling efficiency standards depending on location and climate. The City’s Building
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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.
The proposed project (single-family residence to duplex) will add one (1) additional
unit to the City’s regional housing needs and is subject to fair share fees for one (1)
dwelling unit.
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 project wastewater is designed to 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 3 of the Coastal Act.
Fact in Support of Finding:
1. The subject property is not within the Coastal Zone.
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
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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. NP2022-005, subject to the conditions set forth in Exhibit “A,” which is attached
hereto and incorporated by reference.
3. This action shall become final and effective 10 days after the adoption of this Resolution
unless within such time an appeal or call for review is filed with the Director of
Community Development in accordance with the provisions of NBMC Title 19
Subdivisions.
PASSED, APPROVED, AND ADOPTED THIS 28th DAY OF JULY, 2022.
_____________________________________
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, 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. Prior to recordation of the parcel map, park fees for one (1) additional unit shall be paid
(currently $34,309).
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
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 Pigazzi Residential Condominiums including, but not limited to, Tentative
Parcel Map No. NP2022-005 (PA2022-051). 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, NAVD83). 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.
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. An encroachment permit shall be required for all work activities within the public right-
of-way.
12. Reconstruct the existing broken and/or otherwise damaged concrete curb, gutter, and
sidewalk along the Marguerite Avenue frontage per City Standard and all damaged alley
panels.
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. Above ground improvements are not permitted within the 5-foot rear alley setback.
16. Remove the existing decorative carriage walk and install new sod or low groundcover in
its place.
17. Install new sod or low groundcovers of the type approved by the City throughout the
Marguerite Avenue parkways fronting the development site.
18. Existing City tree shall be protected in place.
19. All improvements shall comply with the City’s sight distance requirement. See City
Standard 110-L.
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20. No structural encroachments are permitted within the public right of way including but
not limited to walls, foundation, stairs, etc.
21. 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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Tentative Parcel Map No. NP2022-005
(PA2022-051)
507 and 507 ½ Marguerite Avenue
Subject Property
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Attachment No. ZA 3
County Tentative Parcel Map No. 2022-104
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PA2022-051
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