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HomeMy WebLinkAboutPA2022-0226_20221123_Resolution_ZA2022-073Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL November 23, 2022 Watson Legal Group, APC Attn: Matthew Watson 20331 Irvine Avenue Newport Beach, CA 92660 msw@watsonlegalgroup.com Subject: Tentative Parcel Map (PA2022-0226) County Tentative Parcel Map No. 2022-147 424 and 424 ½ Orchid Avenue 424 Orchid LLC Condominiums Dear Mr. Watson, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on November 23, 2022 and effective on December 5, 2022. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Following expiration of the appeal period, please proceed to submit subdivision maps (tract map, parcel map, lot line adjustment, or lot merger) and mylars for final map review to the Public Works Department. This process can take anywhere from several weeks to several months, so do not delay. During the Public Works review process, subdivision maps will be checked for compliance with conditions of approval, consistency with other maps in the area, Engineer signatures, and when ready, will be released directly to the Title Company for recordation at the County of Orange. You can submit maps to the County for their review concurrently with Public Works review of the map documents. Please contact Public Works directly at 949-644-3311 for submittal information and fees. Sincerely, Liz Westmoreland, Senior Planner LAW/cf RESOLUTION NO. ZA2022-073 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP FOR TWO (2)-UNIT RESIDENTIAL CONDOMINIUM PURPOSES LOCATED AT 424 AND 424 ½ ORCHID AVENUE (PA2022-0226) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by 424 Orchid LLC with respect to property located at 424 and 424 ½ Orchid Avenue, and legally described as Lot 18 and the Southwesterly half of Lot 20, Block 442, 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 duplex was previously demolished, and a new duplex is currently under construction that will be built to condominium standards. The application is to create two (2) new condominium units on the new parcel being created. 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 November 23, 2022, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. 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. ZA2022-073 Page 2 of 9 10-18-21 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. 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 RT General Plan land use designation and R-2 Zoning District apply to a range of one (1) and two (2)-family residential dwelling units such as duplexes and townhomes The project site was previously developed with a duplex and has been cleared of existing improvements. A new duplex is currently under construction and will be built to 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 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 Orchid Avenue frontage and alley as needed, as well as undergrounding of utilities, consistent with 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 both from Orchid Avenue and the alley in the rear. 3. The site is adequately served by existing utilities, as the site was previously developed as a duplex. Zoning Administrator Resolution No. ZA2022-073 Page 3 of 9 10-18-21 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 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 the 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. ZA2022-073 Page 4 of 9 10-18-21 Fact 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 or through 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 by Sections 66473.1 and 66475.3 of the Subdivision Map Act. Zoning Administrator Resolution No. ZA2022-073 Page 5 of 9 10-18-21 Fact in Support of Finding: 1. The Tentative Parcel Map and any future improvements are subject to Title 24 of the California Building Code which requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The City’s 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 project wastewater is designed to discharge into the existing sewer system and complies with the Regional Water Quality Control Board (RWCQB) requirements. Finding: K. For subdivisions lying partly or wholly within the Coastal Zone, 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 Zoning Administrator Resolution No. ZA2022-073 Page 6 of 9 10-18-21 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 the Tentative Parcel Map (PA2022-0226) 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 Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF NOVEMBER 2022. Zoning Administrator Resolution No. ZA2022-073 Page 7 of 9 10-18-21 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 the 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. Prior to the final inspection of the building permit for new construction, the parcel map shall be recorded. 4. The Applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be cause for revocation of this Tentative Parcel Map. 5. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or leasing agent. 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 20 Planning and Zoning of the Newport Beach Municipal Code. 7. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 424 Orchid LLC Residential Condominiums including, but not limited to this Tentative Parcel Map (PA2022-0226). 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 the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of the 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. ZA2022-073 Page 8 of 9 10-18-21 Public Works 8. Prior to the issuance of final building permits, a Parcel Map shall be recorded. The map shall be prepared on the California coordinate system (North American Datum of 1983, NAVD83). Before the 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, Sub-article 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 the 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, Sub-article 18. Monuments (one [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 the construction project. 10. All improvements shall be constructed as required by Ordinance and the Public Works Department. 11. An encroachment permit is 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 Orchid Avenue frontage per City Standard and all damaged alley panels. 13. Each unit shall be served by its water service/meter and sewer lateral/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. Remove existing private improvements within the Orchid Avenue right of way. Install new sod or low groundcovers of the type approved by the City throughout the Orchid Avenue parkway fronting the development site. 17. Install a new 36-inch box street tree with the Orchid Avenue public right-of-way. 18. All improvements shall comply with the City’s sight distance requirement. See City Standard 110. 19. 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. Zoning Administrator Resolution No. ZA2022-073 Page 9 of 9 10-18-21 Fire Department 20. Prior to the recordation of the parcel map, a separate fire sprinkler system shall be provided for each unit. 21. A three (3)-foot wide walkway shall be provided on at least one side of the lot(s) from Orchid Avenue to the alley for Fire Department access. Building Division 22. Separate utility services are required for each unit.