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HomeMy WebLinkAboutZA2025-025 - APPROVING A TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT FOR TWO-UNIT CONDOMINIUM PURPOSES AND SUPERCEDING TENTATIVE PARCEL MAP NO. 2019-124 AND COASTAL DEVELOPMENT PERMIT NO. CD2019-027 LOCATED AT 515 36th STREET (PA2025-0009)RESOLUTION NO. ZA2025-025 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING A TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT FOR TWO-UNIT CONDOMINIUM PURPOSES AND SUPERCEDING TENTATIVE PARCEL MAP NO. 2019-124 AND COASTAL DEVELOPMENT PERMIT NO. CD2019-027 LOCATED AT 515 36th STREET (PA2025-0009) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Michael Benesh of Robin B. Hamers & Associates, Inc. (Applicant), with respect to property located at 515 36th Street, and legally described as Lot 8 and the northeasterly one-half of Lot 7 in Block 536, Canal Section (Property). 2. The Applicant requests a tentative parcel map (TPM) and a coastal development permit (CDP) for two-unit condominium purposes. A single-unit dwelling was demolished and a new duplex is under construction. The TPM would allow for each unit to be sold individually. No waivers of Title 19 (Subdivisions) are proposed. The TPM also requires the approval of a CDP pursuant to Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) (Project). 3. The demolition of the single-unit dwelling and the construction of the duplex was originally approved pursuant to CDP No. CD2018-077 (PA2018-223). A TPM and CDP filed under PA2019-096 were subsequently approved for two-unit condominium purposes, but the approval expired prior to final map recordation. Therefore, a new TPM and CDP are requested. 4. The Property is located within the Two-Unit Residential (R-2) Zoning District and the General Plan Land Use Element category is Two Unit Residential. 5. The Property is located within the coastal zone. The Coastal Land Use Designation is Two Unit Residential (RT-D) and the Coastal Zoning District is Two-Unit Residential (R-2). 6. A public hearing was held on May 15, 2025 online via Zoom. A notice of 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, Chapter 3, because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2025-025 Page 2 of 10 01-25-19 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, 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 percent. The Project is consistent with all of the requirements of the Class 15 exemption. SECTION 3. REQUIRED FINDINGS. Tentative Parcel Map The Zoning Administrator determined in this case that the TPM 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 TPM is for two-unit residential condominium purposes. A single-family dwelling has been demolished and a two-unit dwelling is under construction. 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 subject property is not located within a specific plan area. 3. The Project has been conditioned to provide public improvements, including the reconstruction of sidewalks, curbs, and gutters along the 36th Street frontage consistent with Title 19 (Subdivisions) of the NBMC. Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The lot is physically suitable for a two-unit development because it is relatively flat, adequate in size, and regular in shape. 2. The subject property is accessible from 36th Street and is adequately served by existing utilities. Zoning Administrator Resolution No. ZA2025-025 Page 3 of 10 01-25-19 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-family dwelling has been demolished and a new two-unit dwelling is currently under construction. 2. The property is located within 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 CEQA Guidelines – Class 15 (Minor Land Divisions). Finding: D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Fact in Support of Finding: 1. The TPM 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 developer 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: 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 Zoning Administrator Resolution No. ZA2025-025 Page 4 of 10 01-25-19 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: 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 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. Facts in Support of Finding: 1. California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, the Property is not considered a “land project” as previously defined in Section 11000.5 of the California Business and Professions Code because the Property does not contain 50 or more parcels of land. 2. Fact 2 in support of Finding A is hereby incorporated for reference. 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. Zoning Administrator Resolution No. ZA2025-025 Page 5 of 10 01-25-19 Fact in Support of Finding: 1. The TPM 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. Fact in Support of Finding: 1. The proposed two-unit dwelling is consistent with the R-2 Zoning District, which allows two residential units on the property. Therefore, the TPM for condominium purposes 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 new two-unit dwelling will be designed so that wastewater discharge into the existing sewer system complies with the Regional Water Quality Control Board (RWQCB) requirements. 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 of the Coastal Act. Fact in Support of Finding: 1. The Property is within the Coastal Zone. The facts in support of findings L and M below are hereby incorporated by reference. Zoning Administrator Resolution No. ZA2025-025 Page 6 of 10 01-25-19 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 TPM is for condominium purposes and meets all of the requirements of the Local Coastal Program, including NBMC Section 21.30.025 (Coastal Zone Subdivisions). 2. 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 that address seismic issues including liquefaction. 3. The TPM is for a property within a developed neighborhood. The Property is adjacent to the Rialto waterway of the Newport Bay. The development of the duplex was approved pursuant to CDP No. CD2018-077 (PA2018-191) on October 25, 2018. The development’s impact to coastal resources and potential impacts from coastal hazards were analyzed as a part of PA2018-191. 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. Fact in Support of Finding: 1. The Property is located between the nearest public road and the sea or shoreline. The residential lot does not currently provide nor inhibit public coastal access. Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC requires that the provision of public access bear a reasonable relationship between the requirement and the Project’s impact and should be proportional to the impact. In this case, a single-unit dwelling is being replaced with a new duplex. While the additional dwelling unit authorized pursuant to PA2018-191 does increase density, PA2018-191 concluded no impact to coastal resources and the parcel map associated with the development does not increase density or result in increased demand on public access and recreation opportunities. The development of the duplex was approved pursuant to CDP No. CD2018-077, which analyzed the development’s impact to coastal resources and potential impacts from coastal hazards. Zoning Administrator Resolution No. ZA2025-025 Page 7 of 10 01-25-19 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 TPM and CDP filed as PA2025-0009, superseding TPM No. NP2019-009 and CDP No. CD2019- 027, 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 Program Implementation Plan) of the NBMC. Final action taken by the City 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. PASSED, APPROVED, AND ADOPTED THIS 15th DAY OF MAY, 2025. Zoning Administrator Resolution No. ZA2025-025 Page 8 of 10 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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. Prior to the recordation of the Tentative Parcel Map, a park fee shall be assessed for one unit. 4. Subsequent to the recordation of the Parcel Map, 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 permit is final. The building permit for the new construction shall not be final until after recordation of the parcel map. 5. 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 6. 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. 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 and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, Zoning Administrator Resolution No. ZA2025-025 Page 9 of 10 01-25-19 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 the Mona Residential Condominiums including, but not limited to, the TPM and CDP filed as PA2025-0009. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' 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 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. All damaged sidewalk panels, curbs, and gutters along the 36th Street property frontage shall be reconstructed as determined by the Public Works Department. 14. The abandoned portion of the existing driveway approach shall be plugged per City Standards. 15. A new driveway approach shall be installed per City Standards. 16. All existing overhead utilities shall be undergrounded. 17. Each unit shall be served by its individual water meter and sewer lateral and cleanout. Each water meter and sewer cleanout shall be installed per City standard with a traffic- Zoning Administrator Resolution No. ZA2025-025 Page 10 of 10 01-25-19 grade box and cover. Each water meter and sewer clean out shall be located within the public right of way. 18. An encroachment permit shall be required for all work activities within the public right- of-way. 19. All improvements shall comply with the City’s sight distance requirement per City Standard 110-L. 20. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 21. The driveway profile on the Map shall be corrected to be consistent with the approved building permit plans. Building Division 22. Independent utility services shall be provided for each unit. 23. Construction shall comply with the California Code of Regulations. Fire Department 24. Fire sprinklers shall be required according to the California Fire Code and NFPA 13D Standard. 25. Fire Sprinklers shall be on separate water meters.