HomeMy WebLinkAbout03_Boutlinghouse Residential Condominiums TPM and CDP_PA2023-0239CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 11, 2024
Agenda Item No. 3
SUBJECT: Boutlinghouse Residence Parcel Map (PA2023-0239)
Coastal Development Permit
Tentative Parcel Map
County Tentative Parcel Map No. 2023-170
SITE LOCATION: 1207 West Bay Avenue
APPLICANT: Amber Miedema
OWNER: Brian and Morgan Boultinghouse
PLANNER: Jerry Arregui, Planning Techncian
949-644-3249, jarregui@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: Two Unit Residential (RT)
Zoning District: Two-Unit Residential (R-2)
Coastal Land Use Plan Category: Two Unit Residential (RT-D – 20.0-29.9 DU/AC)
Coastal Zoning District: Two-Unit Residential (R-2)
PROJECT SUMMARY
A request for a tentative parcel map and coastal development permit for a two-unit
residential condominium. A single-unit residence has been previously demolished, and a
new duplex is under construction. No waivers of Title 19 (Subdivisions) are proposed. The
tentative parcel map will allow each unit to be sold individually. A coastal development permit
(CDP) is required because the property is located 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 Division) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it
has no potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map
and Coastal Development Permit filed as PA2023-0239 (Attachment No. ZA 1).
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DISCUSSION
The property is in the Two-Unit Residential (R-2) Coastal Zoning District. The R-2
District is intended to provide areas appropriate for residential development of up
to two units (i.e., a duplex) on a single legal lot. The existing lot on the Balboa
Peninsula is rectangular, relatively flat, and was previously developed with a
single-family residence. The single-family residence has been demolished, and a
new duplex is under construction (Building Permit No. X2022-1195), consistent
with the R-2 Zoning designation.
The property is approximately 160 feet from the water and is located between the
nearest public road and the sea or shoreline. Therefore, a coastal development
permit is required to accompany a tentative parcel map application.
The property measures 30 feet wide by 90 feet deep and is relatively flat. It is in
an already-developed neighborhood and is adequately served by existing utilities.
The new duplex under construction conforms to all applicable development
standards, including floor area limit, setbacks, height, and off-street parking, and
is consistent with the policies of the General Plan. Each unit will be served by
individual water meters, sewer laterals, cleanouts, fire risers, and separate garage
parking.
Categorical Exclusion Order No. CEO20220027 was issued for the demolition of
an existing single residential unit and construction of a new duplex. The tentative
parcel map requires a coastal development permit, and the proposed residence
conforms to Title 21 Local Coastal Program Implementation Plan in the Newport
Beach Municipal Code (NBMC). The tentative parcel map will meet the required
findings found in NBMC Section 21.52.015(F) (Coastal Development Permits –
Findings and Decision). Complete findings and facts in support are numbered in
the draft resolution (Attachment No. ZA 1).
The project has been conditioned to require public improvements including the
reconstruction of sidewalks, curbs, and gutters along the West Bay Avenue
frontage and alley, as needed. Existing private improvements within the Fernleaf
Avenue right-of-way must be removed and new turf or drought tolerant landscaping
along with a new 36-inch box street tree in the Fernleaf Avenue public right-of-way
shall be installed. The utilities will be undergrounded, consistent with Title 19
(Subdivisions) of the NBMC.
This condominium project is subject to the assessment of Fair Share Fees and In-
Lieu Park Dedication fees as the project results in the net increase of one
residential unit.
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ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) under Section
15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant
effect on the environment.
The Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four 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 tentative parcel map is for a two-unit
condominium subdivision and will conform to all development standards. Therefore, the
Project is eligible for the Class 15 exemption.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants 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:
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
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal
to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of
Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
DL/ja
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 County Tentative Parcel Map No. 2023-170
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2024-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A
TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT
PERMIT FOR TWO-UNIT RESIDENTIAL CONDOMINIUM
PURPOSES LOCATED AT 1207 WEST BAY AVENUE (PA2023-
0239)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Amber Miedema (Applicant) on behalf of Brian and Morgan
Boultinghouse (Owners) with respect to property located at 1207 West Bay Avenue and
legally described as Lot 11 of Block 8 of Tract 626 (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-
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 the property is located in the coastal zone
(Project).
3. The Property is designated 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
Two-Unit Residential (RT-D – 20.0-29.9 DU/AC) and it is located within the Two-Unit
Residential (R-2) Coastal Zoning District.
5. A public hearing was held on April 11, 2024, online via Zoom. A notice of the time, place,
and purpose of the hearing was given in accordance with the 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 or fewer parcels when the division is
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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 tentative parcel map is for a
two-unit condominium subdivision and will conform to all development standards.
Therefore, the Project 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 the 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-unit residential condominium purposes. The RT and
R-2 designations apply to a range of two-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 RT and R-2 designations.
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 West Bay Avenue and the alley in the rear. Vehicular
access is taken from the alley.
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3. The Property is adequately served by all existing utilities to accommodate the two new
dwelling units being constructed. 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 West Bay Avenue frontage and
alley, as needed. Existing private, non-standard improvements within the West Bay
Avenue right-of-way must be removed. 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-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.
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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
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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-unit condominiums will replace an existing single-unit residence,
which is consistent with the R-2 Zoning District and is an increase in residential density.
Therefore, the tentative parcel map for condominium purposes will not negatively 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.
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Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, the subdivision conforms
with the certified Local Coastal Program and, where applicable, with public access and
recreation policies of Chapter 3 of the Coastal Act.
Fact in Support of Finding:
1. The 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 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(F) (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-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, or public viewpoint as
identified in the Coastal Land Use Plan (CLUP). 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 Property is located approximately 1,300 feet from the
Veterans Memorial Park which is identified by the CLUP as a public viewpoint.
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 160 feet from the harbor and is not near any natural
landforms or environmentally sensitive areas.
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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 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-unit condominium purposes within
the R-2 Coastal Zoning District. 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 450 feet from the 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 filed as PA2023-0239, 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
Community Development Director in accordance with the provisions of Title 21 Local
Coastal Implementation Plan, of the Newport Beach Municipal Code (NBMC). Final
action taken by the City may be appealed to the Coastal Commission in compliance with
Section 21.64.035 (Appeal to the Coastal Commission) 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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PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF APRIL 2024.
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. After the recordation of the Parcel Map and prior to building permit final inspection, 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 additional
residential unit shall be paid in accordance with the fee effective at the time of payment.
6. Prior to final inspection of the building permit, a Fair Share Fee for one 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 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 Boultinghouse Residence Condominium
Parcel Map, but not limited to, Tentative Parcel Map and Coastal Development
Permit (PA2023-0239). 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 of the City's
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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 the 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 West Bay Avenue frontage 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.
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18. 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
19. Prior to the recordation of the parcel map, a NFPA 13D fire sprinkler system shall be
provided for each unit.
20. Separate meters and fire risers are required for each unit.
21. Three feet of access shall be provided along the side of the structure for laddering
opportunities and Fire Department access.
Building Division
22. Prior to the recordation of the parcel map, separate utility services are required for each
unit.
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Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Coastal Development Permit and
Tentative Parcel Map
(PA2023-0239)
1207 West Bay Avenue
Subject Property
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Attachment No. ZA 3
County Tentative Parcel Map No. 2023-170
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