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HomeMy WebLinkAboutPA2023-0074_20230713_Resolution_ZA2023-048Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL July 13, 2023 Matthew Watson 2211 Michaelson Drive, Suite 1100 Irvine, CA 92612 msw@watsonlegalgroup.com Subject: Coastal Development Permit Tentative Parcel Map County Tentative Parcel Map No. 2023-116 (PA2023-0074) 430 and 430 ½ Fernleaf Avenue Linos Residence Condominium Parcel Map Dear Matthew Watson, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on July 13, 2023 and is now within the required City appeal period until July 27, 2023. If no appeals are filed with the City, a Notice of Final Action will be mailed to the California Coastal Commission. Upon receipt of the notice by the Coastal Commission, the action will be subject to an additional 10-working-day appeal period. You may track status of the Coastal Commission appeal period via the following link: Statewide Appealable Projects PDF A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, Alejandro De Loera Alejandro De Loera, Consultant Planner DL/adl Tmplt:-05/02/17 cc: Michael and Julie Linos 3334 E. Coast Hwy #435 Corona del Mar, CA 92625 michael@sonil.com RESOLUTION NO. ZA2023-048 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT FOR TWO (2)-UNIT RESIDENTIAL CONDOMINIUM PURPOSES LOCATED AT 430 AND 430 ½ FERNLEAF AVENUE (PA2023-0074) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Matthew Watson (Applicant), with respect to property located at 430 and 430 ½ Fernleaf Avenue and legally described as Lot 12 of Block 433 in Corona Del Mar (Property), requesting approval of a tentative parcel map and associated coastal development permit (CDP) for condominium purposes. 2. The Applicant requests a tentative parcel map and coastal development permit for a two (2)-unit condominium. A single-unit residence has been demolished, and a new duplex is currently under construction. The tentative parcel map will allow each unit to be sold individually. No waivers of Newport Beach Municipal Code (NBMC) Title 19 (Subdivisions) are proposed. A CDP is required because this property is in the coastal zone (Project). 3. The Property is designated Two (2) Unit Residential (RT) by the General Plan Land Use Plan and is located within the Two (2)-Unit Residential (R-2) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is RT-D (Two (2)-Unit Residential) – (20.0-29.9 DU/AC) and it is located within the R-2 (Two (2) Unit Residential) Coastal Zone District. 5. A public hearing was held on July 13, 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 Zoning Administrator Resolution No. ZA2023-048 Page 2 of 10 01-10-2023 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 (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 19 (Subdivisions) 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-unit residence, which has been demolished. A new duplex is currently under construction. 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 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 Property is physically suitable for a duplex because it is regular in shape and size. An existing single-unit residence has been demolished and a new duplex is currently under construction, which complies with all requirements of the NBMC Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan). 2. The Property is accessible from Fernleaf Avenue and the alley in the rear. Vehicular access is taken from the alley. Zoning Administrator Resolution No. ZA2023-048 Page 3 of 10 01-10-2023 3. The Property is adequately served by all existing utilities to accommodate the two new dwelling units being constructed on the property. The proposed subdivision does not alter the anticipated utility demand generated from the site. 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 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 Fernleaf Avenue frontage and alley, as needed. Existing private improvements within the Fernleaf Avenue right-of-way must be removed. New turf or drought tolerant landscaping, along with a new 36-inch box street tree in the Fernleaf Avenue public right-of-way, is conditioned to be planted. 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. Zoning Administrator Resolution No. ZA2023-048 Page 4 of 10 01-10-2023 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. 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 the 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 Zoning Administrator Resolution No. ZA2023-048 Page 5 of 10 01-10-2023 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. 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-unit residence, which is consistent with the R-2 Zoning District. Therefore, the tentative parcel map for condominium purposed 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 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. Zoning Administrator Resolution No. ZA2023-048 Page 6 of 10 01-10-2023 Fact in Support of Finding: 1. The Property is located within the coastal zone and a CDP is therefore requested in conjunction with the proposed tentative parcel map. The Project complies with the certified Local Coastal Program (LCP) and public access and recreation policies of Chapter Three (3) of the Coastal Act. 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 Project is for a tentative parcel map for two (2)-unit residential condominium purposes. A single-unit 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 not located adjacent to a coastal view road, public access way, or public view point as identified in the Coastal Land Use Plan (CLUP) and the project does not have the potential to degrade the visual quality of the Coastal Zone or to result insignificant adverse impacts to public view. The nearest public view point identified by the CLUP is located at Begonia Park, which is approximately 700 feet from the Property. 3. 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, which includes all required mitigation for seismic hazards. 4. The Project is located approximately 1,400 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: Zoning Administrator Resolution No. ZA2023-048 Page 7 of 10 01-10-2023 1. The Property 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. 2. The Property is approximately 2,300 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 tentative parcel map and coastal development permit (PA2023-0074), 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 13TH DAY OF JULY 2023. Zoning Administrator Resolution No. ZA2023-048 Page 8 of 10 01-10-2023 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 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. 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. 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) and Title 21 of the Newport Beach Municipal Code. 5. Prior to the recordation of the parcel map, an In-Lieu Park Dedication Fee for one (1) additional residential unit shall be paid in accordance with the fee effective at the time of payment. 6. Prior to final inspection of building permit, a Fair Share Fee for one (1) additional residential unit shall be paid in accordance with the fee effective at the time of payment. 7. Prior to the approval of the final map, a “Purpose Statement” shall be added to the map to clarify that the map is for two (2) residential condominium units and how common areas will be owned. 8. 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 Linos Residence Condominium Parcel Map, but not limited to, Tentative Parcel Map and Coastal Development Permit (PA2023-0074). 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 Zoning Administrator Resolution No. ZA2023-048 Page 9 of 10 01-10-2023 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 9. 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 Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 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. 10. 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 Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one 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. 11. All improvements shall be constructed as required by Ordinance and the Public Works Department. 12. An encroachment permit shall be required for all work activities within the public right- of-way. 13. Existing broken and/or otherwise damaged concrete curb, gutter and sidewalk panels along the Fernleaf Avenue and any damaged concrete panels along the alley frontage shall be reconstructed. 14. All existing overhead utilities shall be undergrounded. 15. 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. 16. Each unit shall be served by its individual water service/meter and sewer lateral/cleanout. 17. All improvements shall comply with the City’s sight distance requirement. See City Standard 110-L. 18. The Fernleaf Avenue parkway shall be landscaped with new turf or drought tolerant landscaping. Zoning Administrator Resolution No. ZA2023-048 Page 10 of 10 01-10-2023 19. A new 36-inch box City street tree shall be installed within the Fernleaf Avenue parkway fronting the development. 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 NFPA 13D fire sprinkler system shall be provided for each unit. 22. Separate meters and fire risers are required for each unit. Building Division 23. Prior to the recordation of the parcel map, separate utility services are required for each unit.