HomeMy WebLinkAbout03_424 Orchid LLC Residential Condominiums Tentative Parcel Map_PA2022-0226CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 23, 2022
Agenda Item No. 3
SUBJECT: 424 Orchid LLC Residential Condominiums (PA2022-0226)
▪County Tentative Parcel Map No.2022-147
SITE LOCATION: 424 and 424 ½ Orchid Avenue
APPLICANT/OWNER: 424 Orchid LLC
PLANNER: Liz Westmoreland, Senior Planner
lwestmoreland@newportbeachca.gov, (949) 644-3234
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 residential condominium purposes. A duplex has
been demolished and a new duplex is currently under construction to be built to
condominium standards outside the Coastal Zone. The Tentative Parcel Map would allow
each unit to be sold individually. No waivers of Title 19 (Subdivisions) are proposed.
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
(Attachment No. ZA1)
DISCUSSION
•The property is in the R-2 (Two-Unit Residential) Zoning District and RT (Two Unit
Residential) General Plan land use designation. The R-2 and RT designations are
intended to provide areas appropriate for residential development of up to two units
(i.e., a duplex) on a single legal lot. An existing duplex was demolished, and a new
duplex is under construction under Permit No. X2019-4163 (under plan check No.
2891-2019). A new duplex is consistent with the R-2 Zoning designation.
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424 Orchid LLC Residential Condominiums (PA2022-0226)
Zoning Administrator, November 23, 2022
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Tmplt: 10/18/21
•The property measures 45 feet wide by 118 feet deep and is relatively flat. It is in
an already-developed neighborhood and is adequately served by existing utilities.
Certificate of Compliance No. CO2017-015 (PA2017-161) was recorded for the
property in August of 2017, as it is comprised of one lot and a portion of a second
lot. The Certificate of Compliance recognizes the property as a single building
parcel.
•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 Orchid Avenue frontage
and alley, as needed. The project is also conditioned to require the installation of
a new 36-inch box street tree, as well as the undergrounding of utilities, consistent
with Title 19 (Subdivisions) of the Newport Beach Municipal Code (NBMC).
•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 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
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.
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424 Orchid LLC Residential Condominiums (PA2022-0226)
Zoning Administrator, November 23, 2022
Page 3
Tmplt: 10/18/21
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 the action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
______________________________
Liz Westmoreland, Senior Planner
LW/cf
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 County Tentative Parcel Map No. 2022-147
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Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2022-###
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
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Zoning Administrator Resolution No. ZA2022-###
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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.
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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.
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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.
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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
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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.
_____________________________________
Ben Zdeba, 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 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.
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Zoning Administrator Resolution No. ZA2022-###
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Public Works
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 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.
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Attachment No. ZA 2
Vicinity Map
13
VICINITY MAP
Tentative Parcel Map
(PA2022-0226)
424 and 424 ½ Orchid Avenue
Subject Property
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Attachment No. ZA 3
County Tentative Parcel Map No. 2022-147
15
LOT 18
C.D.M.
BLOCK 442
M.M. 3/42
ALLEY℄
ORCHID AVENUE℄POR. OF LOT 20N40°33'42"E 45.00'N49°24'51"W 118.01'N49°25'07"W 118.01'N40°33'56"E 45.01'PARCEL 1PM NO. 2018-108, P.M.B. 404/20-21PARCEL 1PM NO. 2003-207, P.M.B. 336/7-825.00'25.00'7.00'7.00'N40°33'56"E 45.01'
N40°33'42"E 45.00'
LOT 18 & THE SOUTHWESTERLY
HALF OF LOT 20
BLOCK 442
CORONA DEL MAR
M.M. 3/41-42
SITE ADDRESS
424 ORCHID AVENUE
CORONA DEL MAR, CA 92625
(APN: 459-215-10)
SHEET 1 OF 1
TENTATIVE PARCEL
MAP NO. 2022-147
AUGUST 2022
SCALE = 1" = 16'
HUNTINGTON BEACH, CALIFORNIA 92646PHONE:(714)488-5006 FAX:(714)333-4440
APEXLSINC@GMAIL.COM
PREPARED BY: A. R. H.
PAUL D. CRAFT, P.L.S. 8516
LICENSE EXPIRES 12/31/22
OWNER/DEVELOPER:
424 ORCHID, LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY
THE LAND REFERRED TO HEREIN BELOW IS
SITUATED IN THE COUNTY OF ORANGE, STATE
OF CALIFORNIA, AND DESCRIBED AS
FOLLOWS:
LOT 18 AND THE SOUTHWESTERLY HALF OF
LOT 20 IN BLOCK 442 OF CORONA DEL MAR IN
THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 3, PAGE 41 & 42 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE
COUNTY.
DATE
JN: 22072
8/31/2022
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