HomeMy WebLinkAbout03_LA21G, LLC Residential Condominiums Tentative Parcel Map and CDP_PA2022-0234CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
January 26, 2023
Agenda Item No. 3
SUBJECT: LA21G, LLC Residential Condominiums (PA2022-0234)
▪Coastal Development Permit and
▪Tentative Parcel Map
▪County Tentative Parcel Map No. 2022-174
SITE LOCATION: 603 Acacia Avenue
APPLICANT: Forkert Engineering & Surveying, Inc.
OWNER: LA21G, LLC
PLANNER: Jenny Tran, Assistant Planner
949-644-3212, jtran@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: RT (Two-Unit Residential)
•Zoning District: R-2 (Two-Family Residential
•Coastal Land Use Plan Category: RT-D (Two Unit Residential) – (20.0-29.9 DU/AC)
•Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
A request for a tentative parcel map and coastal development permit for a two-unit
condominium. A single-family residence will be demolished and a new duplex will be
constructed (currently in plan check). No waivers of Title 19 (Subdivisions) are proposed.
The tentative parcel map will 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 Division) 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
and Coastal Development Permit (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. The existing lot in Corona del Mar is
rectangular, relatively flat, and was previously developed with a single-family
residence. A new duplex is under review and the proposed for-sale condominium
units are consistent with the R-2 Zoning designation.
•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 existing General Plan Land Use Designation is RT (Two Unit Residential). The
RT land use designation applies to a range of two (2) family residential dwellings
units such as duplexes and townhomes. The duplex under review and two (2)-unit
condominiums proposed by this map are consistent with this land use 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 property is located within an area of the Coastal Zone that is exempt from
obtaining approval for a coastal development permit for specific types of
development. This Categorical Exclusion Order (CEO) area allows for the
demolition of residential structures and construction of a new two (2)-unit
residential structure without obtaining a coastal development permit, contingent
upon providing notice of categorical exclusion to the Coastal Commission. The
previous single-family residence was demolished and a new duplex is under
review under Plan Check No. PC2022-2502 and CEO20220057, which became
effective on October 12, 2022.
•The property is approximately 1,500 feet from the water and is not located between
the nearest public road and the sea or shoreline.
•The new duplex will conform to all applicable development standards, including
floor area limit, setbacks, height, and off-street parking. Each unit will be served by
individual water meters, sewer laterals, cleanouts, fire risers, and separate garage
parking.
•The project has been conditioned to require public improvements including the
reconstruction of sidewalks, curbs, and gutters along the Acacia Avenue frontages
and alley, as needed. Existing private improvements within the Acacia Avenue
right-of-way must be removed and new sod and groundcovers along with a new
36-inch box street tree in the Acacia Avenue public right-of-way. The utilities will
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be undergrounded, consistent with Title 19 (Subdivisions) of the Newport Beach
Municipal Code (NBMC).
•The new duplex is in plan check and must be approved by all City Departments for
building permit issuance. All wastewater will discharge into the existing sewer
system and must comply 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 (4) or fewer parcels when the division
is in conformance with the General Plan and Zoning, no variances or exceptions are
required, and 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 tentative parcel map
is for a two-unit condominium subdivision and will conform to all development standards,
and therefore, is 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.
The public notice referenced an existing duplex to be demolished. However, staff has
confirmed that the existing development consists of a single-family dwelling to be
demolished.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
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Development Director in accordance with the provisions of Title 21 (Local Coastal
Program [LCP] Implementation Plan) of the Newport Beach Municipal Code. The project
site is not located within the appeal area of the coastal zone; therefore, final action by the
City may not be appealed to the California Coastal Commission.
Prepared by:
____________________________
Jenny Tran, Assistant Planner
MKN/jt
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 County Tentative Parcel Map No. 2022-174
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2023-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT AND TENTATIVE PARCEL
MAP FOR TWO (2)-UNIT RESIDENTIAL CONDOMINIUM
PURPOSES LOCATED AT 603 ACACIA AVENUE (PA2022-0234).
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Thomas E. Decker of Forkert Engineering & Surveying, Inc,
with respect to property located at 603 Acacia Avenue and legally described as Lot 64 of
Tract Map No. 682, requesting approval of a coastal development permit and tentative
parcel map.
2. The applicant proposes a tentative parcel map and coastal development permit for a two
(2)-unit condominium. A single-family residence will be demolished, and a new duplex will
be constructed (currently in plan check). No waivers of Title 19 (Subdivisions) are
proposed. The tentative parcel map will allow each unit to be sold individually.
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 located within the coastal zone. The Coastal Land Use Plan
category is RT-D (Two-Unit Residential) – (20.0-29.9 DU/AC) and it is located within the
R-2 (Two Unit Residential) Coastal Zone District.
5. A public hearing was held on January 26, 2023, online via Zoom. A notice of the time,
place, and purpose of the hearing was given in accordance with the Newport Beach
Municipal Code (NBMC). Evidence, both written and oral, was presented to and
considered by, the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no
potential to have a significant effect on the environment.
2. The Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four (4) or fewer parcels when the division
is in conformance with the General Plan and Zoning, no variances or exceptions are
required, all services and access to the proposed parcels are available, the parcel was
not involved in a division of a larger parcel within the previous two (2) years, and the
parcel does not have an average slope greater than 20 percent. The tentative parcel
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map is for a two (2)-unit condominium subdivision and will conform to all development
standards, and therefore, is eligible for the Class 15 Exemption.
SECTION 3. REQUIRED FINDINGS.
Tentative Parcel Map
The Zoning Administrator determined in this case that the tentative parcel map is consistent
with the legislative intent of NBMC Title 20 (Planning and Zoning) and is approved based on
the following findings per NBMC Section 19.12.070 (Required Findings for Action on Tentative
Maps):
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 land use designation applies to a range of two (2)-family residential dwelling units
such as duplexes and townhomes. The project site was previously developed as a
single-family residence and a new duplex is currently under review. The proposed
subdivision and improvements will continue to be 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.
Finding:
B.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.
An existing single-family residence has been demolished and a new duplex is
currently under review in plan check.
2.The subject property is accessible from the alley and is adequately served by all
existing utilities.
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 habit 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.
Facts in Support of Finding:
1.The project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the Acacia Avenue frontage
and alley, as needed. Existing private improvements within the Acacia Avenue right-
of-way must be removed and new sod and groundcovers along with a new 36-inch
box street tree in the Acacia Avenue public right-of-way. The utilities will be
undergrounded, consistent with Title 19 (Subdivisions) of the Newport Beach
Municipal Code (NBMC).
2.The tentative parcel map is for two (2)-unit 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
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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.
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 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 property was previously developed for residential use and is located in a
Zoning District that 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.
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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 two (2)-unit condominiums will replace an existing single-family
residence. Therefore, the tentative parcel map for two (2)-unit 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 (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 3 of the Coastal Act.
Fact in Support of Finding:
1.The subject property is located within the Coastal Zone. A coastal development
permit is requested in conjunction with the proposed tentative parcel map
application. The project complies with the certified Local Coastal Program (LCP)
and public access and recreation policies of Chapter Three (3) of the Coastal Act.
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The Facts in Support of Findings L and M for the Coastal Development Permit
(below) are hereby incorporated by reference.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings, and Decision)
of the Newport Beach Municipal Code, the following findings, and facts in support of such
findings are set forth:
Finding:
L. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Tentative Parcel Map is for a two (2)-unit residential condominium. A single-
family residence has been demolished and a new duplex is under construction.
The duplex conforms to all applicable development standards, including floor area
limit, setbacks, height, and off-street parking. The proposed subdivision and
improvements are consistent with the density of the R-2 Coastal Zoning District.
2. The property is located in an area known for the potential for seismic activity. All
projects are required to comply with the California Building Code and Building
Division standards and policies.
3. The Tentative Parcel Map is for a property that is approximately 1,500 feet from
the water and is not near any natural landforms or environmentally sensitive areas.
Finding:
M. Conforms to the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is located between the nearest public road and the sea or shoreline of
any body of water located within the coastal zone.
Facts in Support of Finding:
1. The project site is not located between the nearest public road and the sea or
shoreline. Implementation Plan Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) requires that the provision of public access bear a
reasonable relationship between the requirement and the project’s impact and be
proportional to the impact. In this case, the project is a tentative parcel map for two
(2)-unit condominium purposes. The project does not involve a change in land use,
density, or intensity that will result in increased demand for public access and
recreation opportunities. Furthermore, the project is designed and sited
(appropriate height, setbacks, etc.) so as not to block or impede existing public
access opportunities.
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2.The project site is approximately 1,500 feet from Corona del Mar State Beach
where lateral and vertical coastal access are provided. Approval of the parcel map
will not affect public recreation, access, or views.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Sections
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 coastal
development permit and tentative parcel map (PA2022-0234) 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 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Program [LCP] Implementation Plan) of the Newport Beach Municipal Code. The project
site is not located within the appeal area of the coastal zone; therefore, final action by the
City may not be appealed to the California Coastal Commission.
PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF JANUARY, 2023.
_____________________________________
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.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 the revocation of this
tentative parcel map.
3.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.
4.Prior to the recordation of the parcel map, park fees for one (1) additional unit shall be paid
(currently $38,400).
5.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 LA21G, LLC Residential Condominiums
including, but not limited to, Coastal Development Permit and Tentative Parcel
Map (PA2022-0234). 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 the such
proceeding. The applicant shall indemnify the City for all of the City's costs, attorney’s
fees, and damages that which City incurs in enforcing the indemnification provisions set
forth in this condition. The applicant shall pay to the City upon demand any amount owed
to the City pursuant to the indemnification requirements prescribed in this condition.
Public Works Department
6.Prior to the final inspection of the building permit for new construction, a Parcel Map
shall be recorded. The Map shall be prepared on the California Coordinate System
(North American Datum of 1983, NAD83).
7.Prior to the recordation of the parcel 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
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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.
8.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 before the completion of the construction project.
9.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.
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.Prior to the recordation of the parcel map, the applicant shall reconstruct the existing
broken and/or otherwise damaged concrete curb, gutter, sidewalk along the Acacia
Avenue frontage, and any damaged concrete panels along the alley frontage per City
Standard.
13.Each unit shall be served by its individual water service meter and sewer lateral cleanout.
Each water service meter and sewer lateral cleanout shall be installed with a traffic-grade
box and cover
14.Prior to the recordation of the parcel map, overhead utilities serving the site shall be
undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of
the Municipal Code.
15.The rear five (5)-foot setback along the alley frontage shall remain clear of all above-
ground improvements.
16.Prior to the recordation of the parcel map, all existing private, non-standard
improvements within the public right-of-way and/or extensions of private, non-standard
improvements into the public right-of-way fronting the development site shall be
removed, including any parkway hardscape, raised planter, and walls within the Acacia
Avenue right-of-way.
17.Prior to the recordation of the parcel map, the parkway along Acacia Avenue shall be
landscaped with new sod or low groundcovers as approved by the City.
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18.Prior to the recordation of the parcel map, a new 36-inch box street tree shall be planted
within the Acacia Avenue public right-of-way.
19.All improvements shall comply with the City’s sight distance requirement. See City
Standard 110.
20.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.
Fire Department
21.Prior to the recordation of the parcel map, a separate fire sprinkler system shall be
provided for each unit.
22.A three (3)-foot wide walkway shall be provided on at least one (1) side of the lot(s) from
Acacia Avenue to the alley for Fire Department access at all times.
Building Division
23.Prior to the recordation of the parcel map, separate utility services are required for each
unit.
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Attachment No. ZA 2
Vicinity Map
16
VICINITY MAP
Coastal Development Permit and
Tentative Parcel Map
(PA2022-0234)
603 Acacia Avenue
603 Acacia
Avenue
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Attachment No. ZA 3
County Tentative Parcel Map No. 2022-174
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