HomeMy WebLinkAbout02_EFK Properties LLC Residential Condominiums CDP and Tentative Parcel Map_PA2023-0014CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 15, 2023
Agenda Item No. 2
SUBJECT: EFK Properties LLC Condominiums PA2023-0014
▪Tentative Parcel Map
▪Coastal Development Permit
SITE LOCATION: 1818 and 1818 ½ West Balboa Boulevard
APPLICANT: Eric King
OWNER: EFK Properties, LLC
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221, mwhelan@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: RT (Two Unit Residential)
•Zoning District: R-2 (Two-Unit 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 for two (2)-unit condominium purposes. A duplex has
been demolished and a new duplex is under construction. No waivers of Title 19
(Subdivisions) are proposed. The Tentative Parcel Map would allow each unit to be sold
individually. A Coastal Development Permit (CDP) is required because this property is in
the coastal zone.
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.
3)Adopt Draft Zoning Administrator Resolution No. _ approving the Tentative Parcel
Map and Coastal Development Permit (Attachment No. ZA 1).
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DISCUSSION
•A duplex has been demolished and a new duplex is currently under construction
pursuant to Building Permit No. X2022-0718, which will provide the Zoning Code
required, two (2)-car parking per unit. Vehicular access will be maintained from the
alley.
•The subject property is a fairly flat lot and measures 2,484 square feet in area.
•Approval of the Tentative Parcel Map will allow each unit to be sold individually.
•The property is designated for two (2)-unit residential use by the General Plan and
Zoning Code. The new two (2)-unit dwelling is consistent with this designation and
a Tentative Parcel Map for condominiums does not change the use.
•The new condominium project will conform to current Newport Beach Municipal
Code (NBMC) requirements and will meet all Title 19 (Subdivisions) standards.
•Public improvements, such as repairing and replacing broken and/or otherwise
damaged sidewalk panels and curb/gutter along the Balboa Boulevard property
frontage and alley, will be required of the applicant pursuant to the Newport Beach
Municipal Code and Subdivision Map Act.
•Categorical Exclusion Order No. CEO2022-021 was issued for the construction of
the new duplex. The parcel map (a subdivision) requires a Coastal Development
Permit and conforms to Title 21 Local Coastal Program Implementation Plan in the
Municipal Code. The parcel map will meet the required findings found in NBMC
Section 21.52.015(F) (Findings and Decision). Complete findings and facts in
support are enumerated in the draft resolution (Attachment No. ZA 1).
•The project site is approximately 220 feet from the water and is located between
the nearest public road and the sea or shoreline. The Tentative Parcel Map is for
a property that is over 200 feet from the harbor and approval of the parcel map will
not affect public recreation, access, or views. There is an alley way, a block of two
(2)-unit properties, and a public parking area between the subject property and the
beach/bay.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15315 under Class 15 (Minor Land
Divisions) of the CEQA Guidelines. 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
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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 Tentative Parcel Map is for condominium purposes and is consistent with
all the requirements of 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 or call for review may be filed with the Director of Community Development within
14 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/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Tentative Parcel Map No. 2022-0718
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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
TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT
PERMIT FOR A TWO-UNIT CONDOMINIUM LOCATED AT 1818
AND 1818 1/2 WEST BALBOA BOULEVARD (PA2023-0014)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by EFK Properties LLC, concerning property located at 1818 and
1818 ½ Balboa Boulevard West, and legally described as Lot 10, Block 118 in Section B
Newport BH requesting approval of a Tentative Parcel Map and Coastal Development
Permit.
2.The applicant proposes a Tentative Parcel Map and Coastal Development Permit for a two
(2)-unit condominium. A duplex has been demolished and a new duplex is currently under
construction. No waivers of Newport Beach Municipal Code (NBMC) Title 19
(Subdivisions) are proposed. The Tentative Parcel Map would 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 Two Unit Residential (RT-D 20.0-29.9 DU/AC) and it is located within the Two
Unit Residential (R-2) Coastal Zone District.
5.A public hearing was held on June 15, 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
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parcel does not have an average slope greater than 20 percent. The Tentative Parcel
Map is for condominium purposes and is consistent with all requirements of 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 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. A duplex
has been demolished and a new duplex is currently under construction. The proposed
subdivision and improvements are consistent with the density of the R-2 Zoning District
and the RT General Plan Land Use Designation.
2.The subject property is not located within a specific plan area.
3.The project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the Balboa Boulevard frontage and
any damaged concrete alley panels consistent with NBMC Title 19.
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 two (2)-unit residential development because it is regular
in shape and size. An existing duplex has been demolished and a new duplex is
currently under construction X2022-0718
2.The new duplex development is compliant with the Zoning Code Section 20.18.030
Table 2-3 minimum site area per dwelling unit of 1,000 square feet.
3.The subject property is accessible from West Balboa Boulevard and from the alley in
the rear.
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4.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
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 in an urbanized area that does not contain any sensitive
vegetation or habitat.
2.The project is categorically exempt under Section 15315 (Title 14, Division 6, Chapter
3) of the CEQA Guidelines – Class 15 (Minor Land Alterations).
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 residential condominium purposes. All improvements
associated with the project will comply with all Building, Public Works, and Fire Codes,
which are in place to prevent serious public health problems. Public improvements will
be required of the developer per NBMC Section 19.28.010 (General Improvement
Requirements) and Section 66411 (Local Agencies to Regulate and Control Design of
Subdivisions) of the Subdivision Map Act. All ordinances of the City and all Conditions
of Approval will be complied with.
Finding:
E.That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within the
proposed subdivision. In this connection, the decision-making body may approve a map if
it finds that alternate easements, for access or for use, will be provided and that these
easements will be substantially equivalent to ones previously acquired by the public. This
finding shall apply only to easements of record or to easements established by judgment of
a court of competent jurisdiction and no authority is hereby granted to the City Council to
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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 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 there are no public access easements 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 with a 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 Code of Regulations (the California Building Code) that 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 two (2)-unit dwelling that is under construction is consistent with the intended uses
of the R-2 Zoning District, which allows 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 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 new two (2)-unit dwelling is designed so that wastewater discharge into the existing
sewer system complies with the Regional Water Quality Control Board (RWQCB)
requirements.
Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms
with the certified Local Coastal Program and, where applicable, with public access and
recreation policies of Chapter Three 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 and condominium
conversion application. The project complies with the certified Local Coastal Program
(LCP) and public access and recreation policies of Chapter 3 of the Coastal Act. The
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Facts in Support of Findings U and V 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 two (2)-unit residential condominium purposes. The
existing 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 over 200 feet from the harbor 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 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.
2.The Tentative Parcel Map is for a property that is over 200 feet from the harbor and
approval of the parcel map will not affect public recreation, access, or views. There is
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an alley way and a block of two-unit properties, and a public parking area between the
subject property and the beach/bay.
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 PA2023-0014,
subject to the conditions outlined 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 by the provisions of Title 19 Subdivisions, of the Newport
Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 15th DAY OF JUNE, 2023.
_____________________________________
Benjamin M. Zdeba, AICP, 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.Subsequent to the recordation of the Parcel Map, 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 permit is final.
3.The building permit for the new construction shall not be final until after recordation of
the parcel map.
4.This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved
in compliance with the provisions of Title 19 (Subdivisions) of the Newport Beach
Municipal Code.
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 EFK Properties, LLC including, but not limited to,
PA2023-0014. 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
which City incurs in enforcing the indemnification provisions outlined in this condition. The
applicant shall pay to the City upon demand any amount owed to the City under the
indemnification requirements prescribed in this condition.
Public Works Department
6.A parcel map shall be recorded. The Map shall be prepared on the California coordinate
system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the
Map shall submit to the County Surveyor and the City of Newport Beach a digital-graphic
file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange
County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The
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Map to be submitted to the City of Newport Beach shall comply with the City’s
CADD Standards. Scanned images will not be accepted.
7.Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie
the boundary of the map into the Horizontal Control System established by the County
Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments
(1-inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved
by the Subdivision Engineer. Monuments shall be protected in place if installed prior to
completion of construction project.
8.All improvements shall be constructed as required by Ordinance and the Public Works
Department.
9.The curb, gutter and sidewalk along the Balboa Boulevard West frontage and all
damaged alley panels along the alley frontage, shall be reconstructed per City Standard.
10.Each unit shall be served by its individual water meter and sewer lateral and cleanout.
Each water meter and sewer cleanout shall be installed with a traffic-grade box and
cover.
11.All existing overhead utilities shall be undergrounded.
12.An encroachment permit is required for all work activities within the public right-of-way.
13.Any existing private, non-standard encroachments within the public right-of-way and/or
extensions of private, non-standard improvements into the public right-of -way fronting
the development shall be removed.
14.All improvements shall comply with the City’s sight distance requirement pursuant to
City Standard 110.
15.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.
Building Division
16.Independent utility services shall be provided for each unit.
17.Independent fire risers shall be required for each unit.
18.Construction shall comply with the California Code of Regulations.
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Attachment No. ZA 2
Vicinity Map
14
VICINITY MAP
Tentative Parcel Map and Coastal Development
Permit
PA2023-0014
1818 and 1818 ½ West Balboa Boulevard
Subject Property
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Attachment No. ZA 3
Tentative Parcel Map No. 2022-187
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NEWPORT BEACH, CA
1818 WEST BALBOA BLVD.
PROPOSED UNIT
123.45 EXISTING ELEV.REC. BRG. & DIST.
BRICK
ASPHALT
LEGEND
DESCRIPTION
WALL
A.C.
M.H. MAN-HOLE
F.S. FINISH SURFACE
CONC. CONCRETE
G.F. GARAGE FLOOR
F.F. FINISH FLOOR
WM WATER METER
LOT LINE
BUILDING
FOR CONDOMINIUM PURPOSES, 1 PARCEL 1818 WEST BALBOA BLVD., NEWPORT BEACH
TENTATIVE PARCEL MAP NO. 2022-187
DATE: 12-1-2022
1818 BALBOA, LLC, A DELAWARE LIMITED LIABILITY COMPANY
OWNER AND SUB DIVIDER:
PREPARED BY:
BEING A SUBDIVISION OF:
949 858-3438 FAX
949 858-2924 OFFICE
LAGUNA HILLS, CA 92653
23016 LAKE FOREST DRIVE #409
RON MIEDEMA L.S. 4653
RONMIEDEMA
NO. 4653
EXP. 9/30/23
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LOT 10, BLOCK 118, MAP OF SECTION B
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OCS BENCH MARK #: 1E-124-14
DATUM: NAVD88
ELEVATION: 7.66
DESCRIPTION: DESCRIBED BY OCS 2014-FOUND 4" OCS
ALUMINUM BENCHMARK DISC STAMPED, "1E-124-14"
ON THE SOUTHWEST CORNER OF A 4’ CATCH
BASIN. MONUMENT IS LOCATED ALONG THE SOUTH
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