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HomeMy WebLinkAboutPA2023-0093_20230810_Resolution_ZA2023-051Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL August 10, 2023 William Rolph Civilscapes Engineering 128052 Camino Capistrano Laguna Niguel, CA 92677 will@civilscapes.com Subject: Planning Application No. PA2023-0093 (TPM & CDP) Byk Residential Condominiums It was a pleasure working with you on the above referenced applications. Please be advised that the subject applications were approved by the Zoning Administrator on August 10, 2023 and are now within the required City appeal period until August 24, 2023. Copies of the approved resolutions with findings and conditions are 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, ls/DL RESOLUTION NO. ZA2023-051 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 205 28th STREET (PA2023-0093) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by William Rolph of CivilScapes Engineering, Inc. (“Applicant”), with respect to property located at 205 28th Street, and legally described as Lot 16 of Block 128 in the Lake Tract (“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 for two (2)-unit residential condominium purposes. An existing residential 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. A CDP is required because this property is in the coastal zone (“Project”). 3. The Property is categorized as Two Unit Residential (RT) by the General Plan Land Use Plan and is located within the Two-Unit Residential (R-2) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is RT-E (Two Unit Residential) - (30.0-39.9 DU/AC) and it is located within the R-2 (Two-Unit Residential) Coastal Zoning District. 5. A public hearing was held on August 10, 2023, online via Zoom. A notice of 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 Zoning Administrator Resolution No. ZA2023-051 Page 2 of 11 10-18-21 parcel does not have an average slope greater than 20 percent. The Project is for a two (2)-unit condominium subdivision and meets all identified criteria; therefore, it 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 Title 20 of the Newport Beach Municipal Code 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. 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 Project includes a tentative parcel map for two (2)-unit residential condominium purposes. The two (2)-unit dwellings will comply with current condominium standards. The Property was previously developed with a residential duplex which has been demolished, and a new duplex is under construction. The proposed subdivision and improvements are consistent with the density of the RT General Plan Land Use category and R-2 Zoning District. 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 duplex has been demolished, and a new duplex is under construction. 2. The Property is accessible from both 28th Street and the alley in the rear. Vehicular access is taken from the alley. 3. The Property is adequately served by existing utilities, as it was previously developed with a duplex and there is no increase in density. Zoning Administrator Resolution No. ZA2023-051 Page 3 of 11 10-18-21 Finding: C. 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. 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 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 applicant per Section 19.28.010 (General Improvement Requirements) of the Municipal Code 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. 2. The Project has been conditioned to require public improvements, including the reconstruction of sidewalks, curbs, and gutters along the 28th Street frontage and alley, as needed. All existing private, non-standard improvements within the 28th Street right- of-way and/or extensions of private, non-standard improvements into the 28th Street right-of-way fronting the development must be removed. The utilities will be undergrounded, consistent with Title 19 (Subdivisions) of the Newport Beach Municipal Code (NBMC). Zoning Administrator Resolution No. ZA2023-051 Page 4 of 11 10-18-21 Finding: E. 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 Property within the proposed development because no public easements are located on the Property. Finding: F. The 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 is developed for residential use and lies in the R-2 Zoning District, which permits residential uses. Finding: G. 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. Zoning Administrator Resolution No. ZA2023-051 Page 5 of 11 10-18-21 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. 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. 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 duplex is consistent with the R-2 Zoning District, which allows up to two (2) residential units on the property. Therefore, the Tentative Parcel Map for residential condominium purposes will not affect the City in meeting its regional housing needs. Finding: J. 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. Zoning Administrator Resolution No. ZA2023-051 Page 6 of 11 10-18-21 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 (3) of the Coastal Act. 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 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. The proposed 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 Coastal Viewpoint as identified in the Coastal Land Use Plan 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. 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. 4. The Property is located more than 800 feet from the harbor and more than 550 feet from the beach and is not near any natural landforms or environmentally sensitive areas. Zoning Administrator Resolution No. ZA2023-051 Page 7 of 11 10-18-21 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 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 not located adjacent to a coastal view road, public access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan 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. 3. The Tentative Parcel Map is for a property that is over 800 feet from the harbor and more than 550 feet from the beach and 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 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 and Coastal Development Permit filed as PA2023-0093, 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 this Resolution was adopted unless within such time an appeal or call for review is filed with the Director of Community Development in accordance with the provisions of NBMC Title 19 (Subdivisions) and Title 21 (Local Coastal Program Implementation Plan). Zoning Administrator Resolution No. ZA2023-051 Page 8 of 11 10-18-21 PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF AUGUST, 2023. Zoning Administrator Resolution No. ZA2023-051 Page 9 of 11 10-18-21 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 revocation of this approval. 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 NBMC. 5. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless 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 Byk Residential Condominiums including, but not limited to Tentative Parcel Map and Coastal Development Permit (PA2023-0093). 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 Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of the City's costs, attorneys' fees, and damages, which 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. Public Works Department 6. Prior to building permit final, 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 Zoning Administrator Resolution No. ZA2023-051 Page 10 of 11 10-18-21 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. 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 the construction project. 8. All improvements shall be constructed as required by Ordinance and the Public Works Department. 9. An encroachment permit shall be required for all work activities within the public right- of-way. 10. All damaged sidewalk panels, curb, gutter, and street along the 28th Street frontage and any damaged concrete alley panels along the alley property frontage shall be reconstructed as determined by the Public Works Department. 11. All existing overhead utilities shall be undergrounded. 12. 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. 13. Each unit shall be served by its individual water service/meter and sewer lateral/cleanout. 14. All improvements shall comply with the City’s sight distance requirement. See City Standard 110-L. 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, including fire sprinklers. 17. The project foundation shall comply with City liquefaction mitigation requirements. Zoning Administrator Resolution No. ZA2023-051 Page 11 of 11 10-18-21 Fire Department 18. An NFPA 13D fire sprinkler system shall be required for this project.