HomeMy WebLinkAbout02_Goetz Residential Condominium Conversion, Tentative Parcel Map and CDP_PA2023-0084CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 30, 2023
Agenda Item No. 2
SUBJECT: Goetz Residential Condominiums (PA2023-0084)
▪Condominium Conversion
▪Tentative Parcel Map
▪Coastal Development Permit
▪County Tentative Parcel Map No. 2023-150
SITE LOCATION: 2316 Pacific Drive
APPLICANT: Andrew Goetz
OWNER: Andrew Goetz
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221 or 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 condominium conversion and tentative parcel map to allow an existing
duplex to be converted into a two-unit residential condominium. The existing duplex
completed constructed in 2014 per condominium standards; however, a tentative parcel
map was never recorded and the building permit was finalized as a duplex. The
condominium conversion and the tentative parcel map will allow each unit to be sold
individually. No waivers of Title 19 (Subdivisions) are proposed. 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 15301 under Class 1 (Existing Facilities) and Section 15315
under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment; and
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Goetz Residential Condominums (PA2023-0084)
Zoning Administrator, November 30, 2023
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3)Adopt Draft Zoning Administrator Resolution No. _ approving the Condominium
Conversion, Tentative Parcel Map, and Coastal Development Permit filed as
PA2023-0084 (Attachment No. ZA 1).
DISCUSSION
•The subject property is a slightly sloping lot, about 1% and measures 5,538 square
feet in area.
•The existing two-unit development is consistent with the R-2 Zoning District and
the approval of a tentative parcel map and condominium conversion to allow for
individual sale of the units does not change the use or density of the property.
•The existing three-story, 5,666 square-foot duplex completed construction in 2014
pursuant to condominium standards (under Plan Check No. 2297-2011) with the
intent to create condominiums. However, a parcel map was never recorded, and
the building permit was finalized as a duplex.
•A special inspection form was completed on November 20, 2023, by the City’s
Building Inspector. The Building Inspector concluded that the duplex was
constructed and finalized with all of the required minimum standards of the Uniform
Housing Code as adopted by the City of Newport Beach. There are no corrections
required for the structure to meet condominium standards. Therefore, the
condominium project will conform to the current Newport Beach Municipal Code
(NBMC) requirements and meet all Title 19 standards.
•The existing tandem garage and carports comply with NBMC minimum code-
number of spaces (4) and minimum dimensions (17 feet 6 inches wide by 35 feet
in depth total).
•Construction of the new duplex was authorized under Categorical Exclusion Order
No. CEO No. 28-11 (Plan Check No. 2297-2011). The tentative 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 identified in NBMC Section 21.52.015(F) (Coastal
Development Permits - Findings and Decision). Complete findings and facts in
support are enumerated in the draft resolution (Attachment No. ZA 1).
•The project site is approximately 350 feet from the water and is not located
between the nearest public road, the sea, or shoreline.
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ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301 under Class 1 (Existing
Facilities) and Section 15315 under Class 15 (Minor Land Divisions) of the State CEQA
Guidelines. The Class 1 exemption allows for minor interior and exterior alterations that
involve negligible or no expansion of use. The proposed project consists of the conversion
of an existing 5,666 square-foot, two -unit dwelling with attached garages and covered
parking to condominiums and does not involve new construction that will expand or enlarge
the existing units. Minor public improvements may be required of the owner. The conversion
of the two -unit dwellings into condominiums will allow the units to be sold separately. The
Class 15 exemption allows for the division of a 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
and all services and accesses to the proposed parcels are available. The parcel was not
involved in a division of a larger parcel within the previous two years, and the parcel does
not have an average slope greater than 20%. The existing two -unit dwelling is a permitted
use and minimal physical improvements are necessary to allow the individual sale of the
units. The site has not been subject to a prior subdivision and does not have a slope of
greater than 20%.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
and residential occupants within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 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:
LAW/msw
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Tentative Parcel Map
(County Tentative Parcel Map No. 2023-150)
ZA 4 Special Inspection Report
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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, APPROVING CONDOMINIUM
CONVERSION, TENTATIVE PARCEL MAP, AND COASTAL
DEVELOPMENT PERMIT TO CONVERT AN EXISTING DUPLEX
INTO A TWO)-UNIT CONDOMINIUM PROJECT LOCATED AT
2316 PACIFIC DRIVE (PA2023-0084)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Andrew Goetz (Owner), with respect to property located at 2316
Pacific Drive, and legally described as Lot 4, Block 329 in the Corona Del Mar Tract
requesting approval of condominium conversion, tentative parcel map, and coastal
development permit.
2.The request for a condominium conversion and tentative parcel map to allow an existing
duplex to be converted into a two-unit residential condominium. The existing duplex
completed construction in 2014 per condominium standards; however, a tentative parcel
map was never recorded, and the building permit was finalized as a duplex. The
condominium conversion and the tentative parcel map will allow each unit to be sold
individually. No waivers of Title 19 (Subdivisions) are proposed. A coastal development
permit (CDP) is required because this property is in the Coastal Zone.
3.The property is designated RT (Two Unit Residential) by the General Plan Land Use
Element and is located within the R-2 (Two-Unit Residential) 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 November 30, 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 categorically exempt pursuant to Title 14 of the California Code of
Regulations Sections 15301 and 15315, Division 6, Chapter 3 Guidelines for
Implementation of the California Environmental Quality Act (CEQA) under Class 1 (Existing
Facilities) and Class 15 (Minor Land Divisions) because it has no potential to have a
significant effect on the environment.
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2. Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing at
the time of the lead agency’s determination. The proposed project consists of the
conversion of an existing 5,666 square-foot, two -unit dwelling with attached garages and
covered parking to condominiums and does not involve new construction that will expand
or enlarge the existing units. Minor public improvements may be required of the owner.
The conversion of the two -unit dwellings into condominiums will allow the units to be sold
separately.
3. Class 15 exempts 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 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%. The existing two -unit dwelling is a permitted use and minimal
physical improvements are necessary to allow the individual sale of the units. The site has
not been subject to a prior subdivision and does not have a slope of greater than 20%.
SECTION 3. REQUIRED FINDINGS.
Condominium Conversion
In accordance with Section 19.64.070 (Standards for Condominium Conversions) of the
Newport Beach Municipal Code (NBMC), the following findings are set forth:
Finding:
A. The minimum number and the design and location of off-street parking spaces shall be
provided in conformance with the provisions of the Zoning Ordinance in effect at the time
of approval of the conversion.
Fact in Support of Finding:
1. As currently constructed and conditioned, each unit will provide a one-car garage and a
one -car carport. The four parking spaces provided meet the number of spaces required
(two per unit) per Chapter 20.40 (Off-Street Parking) of the NBMC.
Finding:
B. Each dwelling unit within a building shall have a separate sewer connection to the City
sewer.
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Fact in Support of Finding:
1. As constructed and conditioned, each unit will maintain separate sewer connections to
the City sewer.
Finding:
C. Each sewer lateral shall be retrofitted/fitted with a clean out at the property line.
Fact in Support of Finding:
1. As constructed and conditioned, each unit will provide a separate sewer cleanout located
at the property line.
Finding:
D. Each unit shall maintain a separate water meter and water meter connection.
Fact in Support of Finding:
1. As constructed and conditioned, each unit will maintain a separate water meter and water
meter connection.
Finding:
E. The electrical service connection shall comply with the requirements of Chapter 15.32
(Underground Utilities) of the Newport Beach Municipal Code.
Fact in Support of Finding:
1. The existing two-unit dwelling was constructed with an electrical service connection that
was, at such time, determined to comply with the requirements of NBMC Chapter 15.32
(Underground Utilities). No upgrades or changes are required to the existing service
connections.
Finding:
F. The applicant for a condominium conversion shall request a special inspection from the
Building Division for the purpose of identifying any building safety violations. The applicant
shall correct all identified safety violations prior to the approval of a final map for the
condominium conversion.
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Fact in Support of Finding:
1. A special inspection form was completed on November 20, 2023, by the Building
Inspector. The Building Inspector concluded that the duplex was constructed and
finalized with all of the required minimum standards of the Uniform Housing Code as
adopted by the City of Newport Beach. The duplex was constructed with all of the
required minimum standards of the Uniform Housing Code as adopted by the City of
Newport Beach. There are no corrections required.
Finding:
G. Permanent lot stakes and tags shall be installed at all lot corners by a licensed surveyor or
civil engineer unless otherwise required by the City Engineer.
Fact in Support of Finding:
1. As conditioned, the project will comply with this requirement prior to the recordation of
the final parcel map.
Finding:
H. For residential conversions, the project shall be consistent with the adopted goals and
policies of the General Plan, particularly with regard to the balance and dispersion of
housing types within the City.
Facts in Support of Finding:
1. The project site is designated as RT (Two Unit Residential) by the Land Use Element of
the General Plan. The existing two-unit dwelling is consistent with the RT land use
category, which is intended to provide for two-unit dwelling units such as duplexes and
townhomes. Thus, the project is consistent with the adopted goals and policies of the
Land Use Element and other Elements of the General Plan.
2. The existing two-unit dwelling will be converted into a two-unit condominium. The
residential density on the site will remain the same.
Finding:
I. The establishment, maintenance, or operation of the use or building applied for shall not,
under the circumstances of the particular case, be detrimental to the health, safety, peace,
comfort, and general welfare of persons residing or working in the neighborhood of such
proposed use or be detrimental or injurious to property and improvements in the
neighborhood or the general welfare of the City.
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Facts in Support of Finding:
1. The application of the project as conditioned will ensure the health, safety, peace,
comfort, and general welfare of persons residing or working in the neighborhood and
the City.
2. The requested application is to convert an existing two-unit dwelling into two
condominiums for individual sale of the units on property located within the R-2 Zoning
District.
3. Public improvements will be required of the Applicant per the Title 19 (Subdivisions) of
the NBMC and the Subdivision Map Act.
Tentative Parcel Map
In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the
NBMC, the following findings are set forth:
Finding:
J. 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 -unit residential condominium purposes. The
two-unit dwellings comply with current condominium standards. 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 property is not located within a specific plan area.
Finding:
K. 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 -unit development because it is regular in shape.
The property has been developed with two units since 2014.
2. The subject property is accessible from the alley at the rear and is adequately served
by existing utilities.
Finding:
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L. 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.
Fact in Support of Finding:
1. This project has been reviewed, and it has been determined that it qualifies for a Class
1 and Class 15 categorical exemption pursuant to Title 14 of the California Code of
Regulations (Sections 15301 and 15315, Division 6, Chapter 3 Guidelines for
Implementation of the California Environmental Quality Act).
a. Class exempts the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no
expansion of use beyond that existing at the time of the lead agency’s
determination. The proposed project consists of the conversion of an existing
5,666 square-foot, two -unit dwelling with attached garages and covered
parking to condominiums and does not involve new construction that will
expand or enlarge the existing units. Minor public improvements may be
required of the owner. The conversion of the two -unit dwellings into
condominiums will allow the units to be sold separately.
b. Class 15 exempts 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, 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 years, and the parcel does not have an average slope
greater than 20%. The existing two -unit dwelling is a permitted use and
minimal physical improvements are necessary to allow the requested
condominium conversion for the individual sale of the units. The site has not
been subject to a prior subdivision and does not have a slope of greater than
20%.
Finding:
M. The design of the subdivision or the type of improvements is not likely to cause serious
public health problems.
Fact in Support of Finding:
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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 NBMC 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:
N. 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 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 easements located on the property.
Finding:
O. 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 site is developed for residential use and is in a Zoning District that permits
residential uses.
Finding:
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P. 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:
Q. 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 enforced the Title 24 compliance through the plan check and
inspection process.
Finding:
R. 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-unit dwelling is consistent with the R-2 Zoning District which allows two
residential units on the property. No changes are proposed to the number of units on
site. Therefore, the Tentative Parcel Map for condominium purposes will not affect
the City in meeting its regional housing need.
Finding:
S. 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.
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Fact in Support of Finding:
1. The two-unit dwelling was designed so that wastewater discharge into the existing
sewer system complies with the Regional Water Quality Control Board (RWQCB)
requirements.
Finding:
T. 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 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(F) (Coastal Development Permits - Findings, and
Decision) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
U. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Tentative Parcel Map is for two -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 property is over 350 feet from the harbor and is not near any natural landforms
or environmentally sensitive areas.
Finding:
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V.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 includes the conversion of an existing two-unit dwelling into a two-
unit condominium. Therefore, 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 was designed and sited (appropriate height,
setbacks, etc.) so as not to block or impede existing public access opportunities.
2.The property is over 350 feet from the harbor 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 Sections
15301 and 15315 under Class 1 (Existing Facilities) and Class 15 (Minor Land Divisions)
of the CEQA Guidelines, California Code of Regulations, Title 14, 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 Condominium
Conversion, Tentative Parcel Map, and Coastal Development Permit (PA2023-0084),
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). Final action
taken by the City on the coastal development permit may be appealed to the Coastal
Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title
14 California Code of Regulations, Sections 13111 through 13120, and Section 30603
of the Coastal Act.
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_____________________________________
Jaime Murillo, Acting Zoning Administrator
PASSED, APPROVED, AND ADOPTED THIS 30th DAY OF NOVEMBER 2023.
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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 obtain a building permit for the condominium conversion. The
building permit for the condominium conversion shall not receive final inspection until
after the recordation of the parcel map.
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 (Local Coastal
Program Implementation Plan) 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 Goetz Residential Condominiums including, but not limited to,
Condominium Conversion, Tentative Parcel Map, and Coastal Development Permit
(PA2023-0084). 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. A Parcel Map shall be recorded. The map shall be prepared on the California coordinate
system (North American Datum of 1983, NAVD83). 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 the said map in a manner described in Sections 7-
9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County
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Subdivisions 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. All damaged sidewalk panels, curb, gutter, and street along the Pacific Drive frontage
and any damaged concrete alley panels along the alley property frontage shall be
reconstructed as determined by the Public Works Department.
10. The existing artificial turf shall be modified to allow for adequate clearance around the
tree trunk per the direction of the Public Works Department. The owner shall enter into
an artificial turf agreement.
11. Each unit shall be served by its water meter and sewer lateral and cleanout. Each water
meter and sewer cleanout shall be installed with a traffic-grade box and cover.
12. All existing overhead utilities shall be undergrounded.
13. No above-ground improvements are permitted within the 5-foot alley setback area.
14. An encroachment permit is required for all work activities within the public right-of-way.
15. All improvements shall comply with the City’s sight distance requirement pursuant to
City Standard 105-L.
16. All on-site drainage shall comply with the latest City Water Quality requirements.
17. 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
18. Independent utility services shall be provided for each unit.
18
Zoning Administrator Resolution No. ZA2023-###
Page 14 of 14
10-18-21
19. If fire sprinklers are required now or in the future, then independent fire risers shall be
required for each unit.
20. All construction activities shall comply with the California Code of Regulations.
19
Attachment No. ZA 2
Vicinity Map
20
VICINITY MAP
Condominium Conversion, Tentative Parcel Map, and
Coastal Development Permit
2316 Pacific Drive
(PA2023-0084)
Subject Property
21
Attachment No. ZA 3
Tentative Parcel Map No. 2023-150
22
23
Attachment No. ZA 4
Special Inspection Report
24
25
26
27
November 30, 2023, Zoning Administrator Item 2 Comments
These comments on a Newport Beach Zoning Administrator agenda item are submitted by:
Jim Mosher (jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 2. Goetz Residential Condominium Conversion, Tentative
Parcel Map, and Coastal Development Permit (PA2023-0084)
Handwritten page 6:The next to last line of the resolution title contains an extraneous “)”:
“INTO A TWO)-UNIT CONDOMINIUM PROJECT”
Handwritten page 7ff:Similarly in Section 2.2, “two-unit” appears as “two -unit” with an
extraneous space. Additional instances of “two -unit” occur in Facts J.1, K.1, L.1, U.1 and
perhaps elsewhere.
Handwritten page 11:Fact in Support of Finding 1.a was presumably intended to read “Class 1
exempts the operation, …”
Handwritten page 17:Is the requirement for a building permit correct? Fact 1.2 seemed to say
construction was complete.
Handwritten page 18:Was the first sentence of condition 11 intended to read “Each unit shall
be served by its own water meter and sewer lateral and cleanout.”?
Some of the other conditions appear construction related. Is further construction required?
Zoning Administrator - November 30, 2023 Item No. 2a Additional Materials Received Goetz Residential Condominium Conversion, Tentative Parcel Map and CDP (PA2023-0084)