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HomeMy WebLinkAboutZA2025-071 - APPROVING A CONDOMINIUM CONVERSION, TENTATIVE PARCEL MAP, AND COASTAL DEVELOPMENT PERMIT TO CONVERT AN EXISTING DUPLEX INTO A TWO-UNIT CONDOMINIUM LOCATED AT 710 UNIT A AND 710 UNIT B AVOCADO AVENUE (PA2025-0011)Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL November 13, 2025 Attn: Andrew Geotz 2855 East Coast Highway #234 Corona Del Mar, CA 92625 goetzarch@earthlink.net Subject: Condominium Conversion and Coastal Development Permit No. PA2025-0011 710 and 710 ½ Avocado Avenue Painter Residential Condominiums Dear Mr. Geotz, It was a pleasure working with you on the above referenced application. Please be advised that the Tentative Parcel Map was approved by the Zoning Administrator on November 13, 2025 and effective on November 24, 2025. The Coastal Development permit is subsequently effective December 2, 2025. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Following expiration of the appeal period, please proceed to submit subdivision maps (tract map, parcel map, lot line adjustment, or lot merger) and mylars for final map review to the Public Works Department. This process can take anywhere from several weeks to several months, so do not delay. During the Public Works review process, subdivision maps will be checked for compliance with conditions of approval, consistency with other maps in the area, Engineer signatures, and when ready, will be released directly to the Title Company for recordation at the County of Orange. You can submit maps to the County for their review concurrently with Public Works review of the map documents. Please contact Public Works directly at 949-644-3311 for submittal information and fees. Sincerely, By: Laura Rodriguez, Assistant Planner cc: Robert Painter 730 Malabar Dr Corona Del Mar, CA 92625 Owner Andrew Geotz 2855 East Coast Highway #234 Corona Del Mar, CA 92625 goetzarch@earthlink.net Applicant California Coastal Commission South Coast Area Office 200 Oceangate,10th Floor Long Beach, CA 90802-4302 RESOLUTION NO. ZA2025-071 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A CONDOMINIUM CONVERSION, TENTATIVE PARCEL MAP, AND COASTAL DEVELOPMENT PERMIT TO CONVERT AN EXISTING DUPLEX INTO A TWO-UNIT CONDOMINIUM LOCATED AT 710 UNIT A AND 710 UNIT B AVOCADO AVENUE (PA2025-0011) 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 (Applicant), on behalf of Robert Painter (Owner), concerning property located at 710 Avocado Avenue, Units A and B, and legally described as Lot 7 of Tract Map No. 682 (Property), requesting approval of a condominium conversion, tentative parcel map, and coastal development permit. 2. The Applicant requests a condominium conversion and tentative parcel map to allow an existing duplex to be converted into a two-unit residential condominium. A former duplex was demolished, and a new duplex was constructed per condominium standards in 2023. The condominium conversion and the tentative parcel map will allow each unit to be sold individually. No waivers of Title 19 (Subdivisions) of the Newport Beach Municipal Code (NBMC) are proposed. A coastal development permit (CDP) is required because the Property is in the coastal zone (Project). 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 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 R-2 (Two-Unit Residential) Coastal Zoning District. 5. A public hearing was held on November 13, 2025, 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) under 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. Zoning Administrator Resolution No. ZA2025-071 Page 2 of 12 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 the existing or former use. In this case, the Project consists of converting an existing three-story, two-unit dwelling with attached garages and carports to condominiums. No new construction is being proposed as a part of the Project. 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 duplex is a permitted use, and 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 NBMC, the following findings and facts in support of such 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 off-street parking regulations contained within Title 20 of this Code, in effect at the time of approval of the conversion. Fact in Support of Finding: 1. The Property currently provides a one-car garage and a one-car carport for each dwelling unit. The four parking spaces provided meet the number of spaces and interior parking dimensions as required (two per unit) per NBMC Section 20.40 (Off-Street Parking). Finding: B. Each dwelling unit within a building shall have a separate sewer connection to the City sewer. Fact in Support of Finding: 1. A condominium conversion inspection report was completed on September 3, 2025, by the City’s Building Division. The report confirms that each unit provides separate sewer connections. Additionally, Condition of Approval No. 16 requires that each unit maintain separate sewer connections. Zoning Administrator Resolution No. ZA2025-071 Page 3 of 12 Finding: C. Each sewer lateral shall be retrofitted/fitted with a cleanout at the property line. Fact in Support of Finding: 1. The condominium conversion inspection report confirmed that the Property carries an approved cleanout installed at the property line. Additionally, Condition of Approval No. 16 requires each unit to provide separate sewer laterals and cleanouts. Finding: D. Each unit shall maintain a separate water meter and water meter connection. Fact in Support of Finding: 1. The condominium conversion inspection report confirmed that each unit is served by its own water meter and piping. Additionally, Condition of Approval No. 16 requires each unit to be served by separate water connections. 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 duplex was constructed in 2020 with an electrical service connection that was determined to comply with the requirements of NBMC Chapter 15.32 (Underground Utilities). The construction of the two-unit dwelling received a final inspection which was approved on March 30, 2023, under Permit No. X2019-4122. 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. Fact in Support of Finding: 1. The special inspection was conducted on September 3, 2025, and a condominium conversion inspection report was completed by the City’s Building Division. The report concludes that the Property complies with the required minimum standards of the Uniform Housing Code and does not carry any building safety violations. Zoning Administrator Resolution No. ZA2025-071 Page 4 of 12 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. Condition of Approval No. 11 requires the Project to comply with Finding G 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 Property is designated as RT by the Land Use Element of the General Plan. The existing duplex is consistent with the RT land use category, which is intended to provide for two-unit dwelling units such as duplexes and townhomes. Therefore, the Project is consistent with the adopted goals and policies of the Land Use Element and other Elements of the General Plan. 2. The Project involves a two-unit dwelling being converted into condominiums. Therefore, the residential density will not be affected. 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 Fact in Support of Finding: 1. The Project does not negatively impact surrounding landowners and will not in itself be detrimental to the health, safety, peace, comfort, and general welfare of people residing or working in the neighborhood, as the Project is to convert an existing duplex into condominiums. 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: Zoning Administrator Resolution No. ZA2025-071 Page 5 of 12 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 Property is categorized by the General Plan Land Use Plan as RT. The tentative parcel map is for two-unit residential condominium purposes. The existing duplex complies with current condominium requirements. The proposed subdivision and improvements are consistent with the density of the RT General Plan Land Use category. 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 Property is physically suitable for a single-unit and/or a duplex based on the lot being relatively flat and the Property’s lot width and area. The Property has been developed as a duplex since 2023. 2. The Property is accessible by pedestrians from Avocado Avenue and from the alley at the westerly side and rear of the Property. Vehicular access is currently available from the alley and will not change as a result of the Project. Finding: 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. Facts in Support of Finding: 1. The Property is located in a developed residential and commercial area that does not contain any sensitive vegetation or habitat on-site. Zoning Administrator Resolution No. ZA2025-071 Page 6 of 12 2. The Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines. Finding: M. 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. Fact 1 in Support of Finding I is hereby incorporated by reference. 2. All improvements associated with the Project shall comply with the applicable 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 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. 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. There are no existing 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. Zoning Administrator Resolution No. ZA2025-071 Page 7 of 12 Facts in Support of Finding: 1. The Property is not subject to the Williamson Act because they are not designated as an agricultural preserve and are less than 100 acres in area. 2. The Property is developed for residential use and located in the R-2 Zoning District, which permits residential use. Finding: 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 in 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 Property 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 Project 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 its 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. Zoning Administrator Resolution No. ZA2025-071 Page 8 of 12 Fact in Support of Finding: 1. The Project is consistent with the R-2 Zoning District, which allows up to two dwelling units on the Property. No changes are proposed to the number of units on the Property. Therefore, the Project will not affect the City in meeting its regional housing needs. 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. 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 Property is located within the coastal zone. Therefore, a CDP is required 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. 2. Facts in support of Findings U and V for the CDP 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 Property is located within the Categorical Exclusion Area of the coastal zone, which allows for the demolition and construction of a new duplex without obtaining a CDP, contingent upon providing notice of a Categorical Exclusion Order to the Coastal Zoning Administrator Resolution No. ZA2025-071 Page 9 of 12 Commission. Construction of the existing duplex was authorized under Categorical Exclusion Order No. CEO2020002 on January 17, 2020. The CEO became effective on February 20, 2020. However, a CDP is still required to accompany the proposed tentative parcel map and condominium conversion since the Property is located in the coastal zone. 2. The Project is for a tentative parcel map and condominium conversion 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 Project is also consistent with the density of the R-2 Coastal Zoning District. Finding: 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 Property is not located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the Project includes the conversion of an existing duplex 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 Property was designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. The Property is approximately 2,000 feet west of the harbor. The approval of the tentative parcel map and condominium conversion will not affect public recreation, access, or views. Additionally, there are no existing views of the water through the Property, which would not be affected as a result of this Project. 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 Sections 15301 and 15315 under Class 1 (Existing Facilities) and Chapter 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 PA2025-0011, subject to the conditions outlined in Exhibit A, which is attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2025-071 Page 10 of 12 3. The action for the coastal development permit shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or a call for review is filed with the Community Development Director by the provisions of Title 21 Planning and Zoning, of the Newport Beach Municipal Code. 4. The action for the tentative parcel map shall become final and effective 10 days after the adoption of this Resolution unless within such time an appeal or call for review is filed with the Director of Community Development by the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF NOVEMBER, 2025. _______________________________________ Liz Westmoreland, AICP, Zoning Administrator Zoning Administrator Resolution No. ZA2025-071 Page 11 of 12 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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 caused the 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 20 Planning and Zoning of the Newport Beach Municipal Code. 5. 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 Painter Residential Condominiums including, but not limited to, Condominium Conversion, Tentative Parcel Map, and Coastal Development Permit No. PA2025-0011. 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 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. Fire Department 6. Residential fire sprinklers shall be installed per 2016 NFPA 13D. 7. The water supply shall be from separate water meters. Zoning Administrator Resolution No. ZA2025-071 Page 12 of 12 8. The addressing of individual condominiums shall be in accordance with municipal code 9.04.170. Building Division 9. The Project shall be serviced by separate utilities (water, electrical, and gas). 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 shall be required for all work activities within the public right- of-way. 14. The existing broken and/or otherwise damaged concrete curb, gutter and sidewalk panels along the Avocado Avenue frontage shall be reconstructed. All damaged and/ or broken alley panels along the alley frontages shall be reconstructed. 15. All existing overhead utilities shall be undergrounded. 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. 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 shall be required at the discretion of the Public Works Inspector.