HomeMy WebLinkAbout06_LA21G, LLC Residential Condominiums Tentative Parcel Map_PA2022-0200CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 15, 2022
Agenda Item No. 6
SUBJECT: LA21G, LLC Residential Condominiums (PA2022-0200)
▪Tentative Parcel Map
▪County Tentative Parcel Map No. 2022-122
SITE LOCATION: 717 and 717 ½ Poinsettia Avenue
APPLICANT: Forkert Engineering & Surveying Inc, Michael Forkert
OWNER: LA21G, LLC
PLANNER: Caitlyn Curley, Planning Technician
949-644-3235 or ccurley@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. An existing 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.
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. ZA 1).
DISCUSSION
•The subject property is zoned Two-Unit Residential (R-2) and has a General Plan
Land Use designation of Two Unit Residential (RT). The R-2 Zoning District is
intended to provide areas appropriate for the development of a maximum of two
residential dwelling units (i.e., a duplex) on a single legal lot.
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Zoning Administrator, December 15, 2022
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• The proposed subdivision and improvements are consistent with the density of the
R-2 Zoning District and the General Plan Land Use designation of RT.
• The lot is physically suitable for residential development because it is relatively flat,
rectangular, adequately served by existing utilities, and it was previously developed
with a duplex. These improvements were demolished under Building Permits X2022-
0835 and X2022-0836.
• A new duplex is currently under construction (Building Permit No. X2022-0271) on
the project site.
• 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, and cleanouts.
Independent fire risers are required for each unit.
• The project has conditions of approval requiring public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the Poinsettia Avenue
frontage, as needed, as well as the undergrounding of utilities, and the installation
of new landscape and a new street tree along the Poinsettia Avenue parkway,
consistent with Title 19 (Subdivisions).
• There are no development impact fees incurred on this project, as there is no net
increase in the number of dwelling units.
• The design of 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 subject property is not within the Coastal Zone; therefore, a coastal
development permit is not required.
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,
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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.
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:
CC/cnc
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant’s Written Statement
ZA 4 County Tentative Parcel Map No. 2022-122
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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 FOR TWO (2)-UNIT CONDOMINIUM
PURPOSES LOCATED AT 717 AND 717 ½ POINSETTIA AVENUE
(PA2022-0200).
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Forkert Engineering & Surveying Inc, Michael Forkert, with
respect to property located at 717 and 717 ½ Poinsettia Avenue, legally described as Lot
17, Block 742 or Tract A, Corona Del Mar requesting approval of a tentative parcel map.
2. The applicant requests a tentative parcel map for two (2)-unit residential condominium
purposes. No waivers of development standards are requested. An existing duplex 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 designated Two Unit Residential (RT) by the General Plan Land Use
Element and is located within the Two-Unit Residential (R-2) Zoning District.
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 December 15, 2022, 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 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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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 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 designation.
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 Poinsettia Avenue frontage,
as needed, as well as the undergrounding of utilities and the installation of new
landscape and a new street tree along the Poinsettia Avenue parkway, consistent
with Title 19 (Subdivisions).
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 Poinsettia 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.
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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 easements established by the judgment
of a court of competent jurisdiction. 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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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 for up to two (2) units.
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.
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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, which 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. Additionally, this property has historically
been occupied by a duplex and a new duplex is currently under construction, thus
there is no increase in density proposed. Therefore, this tentative parcel map for
condominium purposes will not affect the City in meeting its regional housing need.
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, 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.
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Fact in Support of Finding:
1. The subject property is not located 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 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 (PA2022-0200), 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 15 DAY OF DECEMBER, 2022.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1.After the recordation of the Parcel Map and prior to the final building permit, 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 is final.
2.The parcel map shall be recorded before the final inspection of the new construction
building permit.
3.The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
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 Use
Permit.
5.A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
6.Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
7.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.
8.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.
9.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
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every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City’s approval of LA21G, LLC Residential Condominiums including,
but not limited to, Tentative Parcel Map (PA2022-0200). This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorney’s 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 the City's
costs, attorneys' fees, and damages that the 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.
Fire Department
10. Prior to the recordation of the parcel map, a separate fire sprinkler system shall be
installed for each dwelling unit.
11. A three (3)-foot wide walkway shall be provided on at least one side of the lot(s) from
Poinsettia Avenue to the alley for Fire Department access.
Building Division
12. The applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
13. Separate utility services are required for each unit.
Public Works Department
14. 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,
NAD83). 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 the
said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision 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.
15. 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 (1-
inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the
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Subdivision Engineer. Monuments shall be protected in place if installed prior to completion
of a construction project.
16. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
17. An encroachment permit shall be required for all work activities within the public right-
of-way.
18. Prior to the recordation of the parcel map, the applicant shall reconstruct all damaged
curbs, gutter, and sidewalks along the Poinsettia Avenue frontage per City Standard and
all alley panels per City Standard.
19. Each unit shall be served by an individual water service meter, sewer lateral, and
cleanout. Each water meter and sewer cleanout shall be installed with a traffic-grade
box and cover.
20. Prior to the recordation of the parcel map, the applicant shall underground all existing
overhead utilities.
21. Prior to the recordation of the parcel map, the applicant shall install new sod or low
groundcovers of the type approved by the City throughout the Poinsettia Avenue
parkway fronting the development site.
22. Prior to the recordation of the parcel map, the applicant shall install a new 36-box tree
within the Poinsettia Avenue frontage. The City street tree shall be compliant with City
Council Policy G-6.
23. No above-ground improvements will be permitted within the 5-foot rear alley setback
area.
24. All improvements shall comply with the City’s sight distance requirement. See City
Standard 110-L.
25. All on-site drainage shall comply with the latest City Water Quality requirements.
26. 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
14
VICINITY MAP
Tentative Parcel Map
(PA2022-0200)
717 and 717 ½ Poinsettia Avenue
Subject Property
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Attachment No. ZA 3
Applicant’s Written Statement
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C:\Users\ccurley\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\BN99XUJW\TPM 2022-122 #4 Accompanying Written
Statement.doc
Forkert Engineering & Surveying, Inc.
22311 Brookhurst St., Suite 203
Huntington Beach, CA 92646
(714) 963-6793 Fax: (714) 963-7296
TENTATIVE PARCEL MAP NO. 2022-122
4. Accompanying Written Statement
The applicant/property owner shall provide a written statement responding to the following:
a. What is the existing use(s) of the property? (If the property is proposed to be used for more than one
purpose, the area, and parcel or parcels proposed for each type of use shall be shown on a site plan.)
Duplex
b. What improvements and public utilities are proposed to be made or installed and when are said
improvements proposed to be completed? New sewer and water
c. What is the provision(s) for sewage and sewage disposal? Utilize existing lateral and
install one new lateral
d. What, if any, public area(s) is proposed? None
e. What, if any, tree planting(s) is proposed? f. If any, briefly list and attach a copy of any restrictive
covenants proposed. None
f. Any existing walls lying within the public right of way to be removed.
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Attachment No. ZA 4
Project Plans
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