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HomeMy WebLinkAboutZA2025-023 - APPROVING A TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT FOR THE SUBDIVISION OF AN EXISTING PARCEL LOCATED AT 209 VIA DIJON (PA2024-0217)RESOLUTION NO. ZA2025-023 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT FOR THE SUBDIVISION OF AN EXISTING PARCEL LOCATED AT 209 VIA DIJON (PA2024-0217) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Paul Craft, concerning property located at 209 Via Dijon, and legally described as Lot 1036, 20 feet of Lot 1035, and 20 feet of Lot 1037 of Tract 907. 2. The applicant proposes a tentative parcel map and coastal development permit to subdivide the property into two separate parcels for the future development of two single- unit dwellings. The existing lot configuration is comprised of two underlying lots developed with one single-unit dwelling. The parcel map includes a deviation to the minimum lot size and minimum lot width standards associated with the proposed subdivision. No new construction is proposed as a part of this project. 3. The subject property is designated Single Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Single-Unit Residential (R-1) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached 10.0-19.9 DU/AC (RSD-C) and it is located within the Single-Unit Residential (R-1) Coastal Zoning District. 5. A public hearing was held on May 15, 2025 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 has been determined to be categorically 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, 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 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 Zoning Administrator Resolution No. ZA2025-023 Page 2 of 10 07-29-24 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 and Coastal Development Permit will allow the subdivision of the existing 70-foot-wide lot into two parcels for future development consistent with the Zoning District and General Plan Land Use designation. The project is consistent with all of the requirements 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 19 (Subdivisions) of the NBMC and is approved based on the following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps) of Title 19: 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 the purpose of subdividing the existing 70-foot-wide lot into two separate parcels. The existing structure on the property is a two-story, single-unit dwelling including a two-car garage that will be demolished prior to recording the Parcel Map. The two separate parcels would allow the future construction of two separate, single-unit dwellings (i.e. one on each lot) consistent with the density of the R-1 Zoning District and RS-D General Plan Land Use designation. 2. The proposed subdivision includes a deviation to the minimum lot size standard of 5,000 square feet and lot width standard of 50 feet for new subdivisions. However, pursuant to Footnote 2 of Table 2-3 of the Planning and Zoning Code (Title 20) and Footnote 6 of Table 21.18-2 of Local Coastal Program Implementation Plan (Title 21) of the Newport Beach Municipal Code (NBMC), lots may be subdivided so that the resulting lot area and dimensions are less than the standard, provided the minimum lot size shall not be less than the original underlying lots on the same block face and in the same zoning district. In this case, the proposed 30-foot-wide and 40- foot-wide lots are comparable in size with the original subdivision in which a majority of lots had widths between 30 and 40 feet, and depths of 88 feet (no change in depth is proposed). 3. The subject property is not located within a specific plan area. Zoning Administrator Resolution No. ZA2025-023 Page 3 of 10 07-29-24 4. The project has been conditioned to require public improvements, including the reconstruction of curbs and gutters along the Via Dijon frontage, consistent with the Subdivision Code (Title 19). Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The existing configuration of the lot provides a maximum density of one unit, consistent with the R-1 Zoning designation. The proposed subdivision would create two separate parcels. Parcel 1 would be approximately 2,641 square feet and 30- feet-wide on Via Dijon and Strada Cordova. Parcel 2 would be approximately 3,202 square feet, 40 feet-wide on Via Dijon, and 32.54 feet-wide on Strada Cordova (slightly irregular lot shape) 2. Each lot is physically suitable for the development of a single-unit dwelling because they are regular in shape. Additionally, the proposed lot configuration is consistent with the original Tract. 3. Each lot would be accessible from Via Dijon and would be adequately served by existing utilities. Finding: C. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision-making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. A single-unit structure will be demolished, and as part of the proposed project the lot will be subdivided into two separate parcels. A future development would allow one dwelling per parcel pursuant maximum density standards. 2. The property is located in an urbanized area that does not contain any sensitive vegetation or habitat. 3. The project is categorically exempt under Section 15315 (Article 19 of Chapter 3), of the California Environmental Quality Act (CEQA) Guidelines – Class 15 (Minor Land Divisions). Zoning Administrator Resolution No. ZA2025-023 Page 4 of 10 07-29-24 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 Tentative Parcel Map is for the purpose of subdividing an existing lot into two distinct parcels. 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 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. The applicant will be required to comply with all ordinances of the City and all Conditions of Approval. Finding: E. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision-making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to 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. There is an existing 4-foot utility easement in favor of the City of Newport Beach located directly behind the right of way of Via Dijon. The easement will remain, and the Public Works Department has reviewed the easement and determined that the proposed subdivision will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed development. 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. Zoning Administrator Resolution No. ZA2025-023 Page 5 of 10 07-29-24 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 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. Fact in Support of Finding: 1. California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this project site is not considered a “land project” as previously defined in Section 11000.5 of the California Business and Professions Code because the project site does not contain 50 or more parcels of land. 2. The project is not located within a specific plan area. Finding: H. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Fact in Support of Finding: 1. The Tentative Parcel Map and any future improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: I. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City’s share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City’s residents and available fiscal and environmental resources. Zoning Administrator Resolution No. ZA2025-023 Page 6 of 10 07-29-24 Fact in Support of Finding: 1. The subdivision would create two distinct parcels with the potential for up to one single unit dwelling on each parcel. A single-unit dwelling on each lot would be consistent with the R-1 Zoning District, existing development in the community, and the underlying lot configuration of the original Tract 907. Therefore, the Tentative Parcel Map 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 proposed subdivision would divide a parcel into two individual parcels and would not create waste that would result in a violation of the existing requirements prescribed by the Regional Water Quality Control Board. 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 Three of the Coastal Act. Fact in Support of Finding: 1. The subject property is within the Coastal Zone. The facts in support of findings L and M below are hereby incorporated by reference. Coastal Development Permit By 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: L. That the proposed map conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Tentative Parcel Map is for the purpose of subdividing an existing lot into two distinct parcels and meets all of the requirements of the Local Coastal Program, including 21.30.025 (Coastal Zone Subdivisions) and Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) (Footnote 6 of Table 21.18-2) as it relates to lot width and area. Zoning Administrator Resolution No. ZA2025-023 Page 7 of 10 07-29-24 2. The proposed subdivision complies with Coastal Land Use Plan Policy 2.8.1-3, which states that land divisions shall avoid hazardous areas and minimize risks to life and property from coastal and other hazards. The proposed subdivision also complies with Implementation Plan Section 21.30.025, which states that subdivisions within the Coastal Zone shall be designed to avoid current hazardous areas, as well as areas that may become hazardous due to future changes. Additionally, there shall be no division of land near the shoreline unless the new or reconfigured parcels can be developed safe from geologic and other hazards for a minimum of 75 years, and unless shoreline protective devices are prohibited to protect development on the resultant parcels. 3. The proposed subdivision is for a property located within a developed neighborhood on Lido Isle, mid-block, and over 300 feet from the bay with no potential impact to coastal resources. Given its inland location, the existing property does not include nor propose shoreline protective devices. 4. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code and Building Division standards and policies. 5. No natural or cultural resources are located on the site, which has been developed for approximately 90 years. The future demolition will remove the existing dwelling, landscaping, and hardscape improvements. Best management practices (BMP) will be required to ensure that the demolition will not result in water quality impacts due to construction debris or run-off. Future development of each single unit dwelling on each new parcel will require a Notice pursuant to the Categorical Exclusion Order during plan check to the California Coastal Commission. The subject lots and development are not within the Coastal Commission Appeal area. Finding: M. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is 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. 2. The project site is on Lido Isle, mid-block, and over 300 feet from the bay with no potential impact to public access or recreation. There are no existing or proposed public access routes on the property. Zoning Administrator Resolution No. ZA2025-023 Page 8 of 10 07-29-24 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 under Section 15315 under Class 15 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 PA2024-0217, subject to the conditions outlined 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 by the provisions of Title 21 (Local Coastal Program [LCP] Implementation Plan) and Title 19 (Subdivisions) of the Newport Beach Municipal Code. For additional information on filing an appeal, contact the Planning Division at 949-644- 3200. PASSED, APPROVED, AND ADOPTED THIS 15th DAY OF MAY, 2025. Zoning Administrator Resolution No. ZA2025-023 Page 9 of 10 07-29-24 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the Tentative Parcel Map stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 3. The Tentative Parcel Map and Coastal Development Permit filed as PA2024-0217 shall expire unless exercised within 24 months from the date of approval except where an extension of time is approved in compliance with the provisions of Title 19 Subdivisions and Title 21 of the NBMC. 4. Prior to recordation of the Tentative Parcel Map, a park dedication fee shall be assessed for one unit. 5. Prior to recordation of the Tentative Parcel Map, the existing single-unit dwelling and all existing structures part of the existing development across the lot lines shall be demolished. 6. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 7. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or leasing agent. 8. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise- generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 9. 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 Charron Tentative Parcel Map and Coastal Development Permit including, but not limited to, PA2024-0217. 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 Zoning Administrator Resolution No. ZA2025-023 Page 10 of 10 07-29-24 incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Public Works Department 10. 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. 11. 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. 12. All improvements shall be constructed as required by Ordinance and the Public Works Department. 13. An encroachment permit is required for all work activities within the public right-of-way. 14. The curb and gutter along the entire Via Dijon frontage shall be reconstructed per City Standard. 15. All unpermitted encroachments within Strada Cordova public right of way including but not limited to decorative walkways shall be removed. 16. Each property 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. New turf or drought tolerant landscaping shall be installed throughout the entire Strada Cordova parkway. 19. 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.