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HomeMy WebLinkAbout1872 - RECOMMEND APPROVAL OF LM TO MERGE PORTIONS OF LOTS 4, 5, AND 6 OF BLOCK 34_2808 AND 2812 OCEAN BLVDRESOLUTION NO. 1872 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL OF LOT MERGER NO. LM2011 -002 TO MERGE THE FOLLOWING PROPERTIES, UNDER COMMON OWNERSHIP: PORTIONS OF LOTS 4, 5, AND 6 OF BLOCK 34 LOCATED IN CORONA DEL MAR, MORE COMMONLY KNOWN AS 2808 AND 2812 OCEAN BOULEVARD (PA2011 -141). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by the John Guida Trust and the Julie Guida Trust requesting a lot merger and waiver of the requirement to file a parcel map for properties located at 2808 and 2812 Ocean Boulevard, which are under common ownership, and legally described as Portions of Lots 4, 5, and 6 of Block 34 of Corona del Mar. 2. The subject property is located within the Single -Unit Residential (R -1) Zoning District, and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 3. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single -Unit Residential Detached (RSD -B). 4. A public hearing was held by the Zoning Administrator on September 14, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. 5. Based on the facts of finding for approval and subject to the conditions of approval in the Zoning Administrator Action Letter, the Zoning Administrator approved the proposed lot merger application. 7. On September 23, 2011, the Zoning Administrator's decision to approve Lot Merger No. LM2011 -022 was appealed by Mr, Clifford Jones (2800 Ocean Boulevard), Ms. Joan Campbell (2811 Ocean Lane), and Mr. John Silva (2821 Ocean Lane). 8. A public hearing was held by the Planning Commission on October 20, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The Planning Commission considered evidence, both written and oral presented at this meeting. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. Planning Commission Resolution No. 1872 Page 2 of 9 9. The Planning Commission determined that the required findings for approval could not be made and reversed the decision for approval of the Zoning Administrator. 10. On October 27, 2011, Mr. John Guida filed an appeal of the Planning Commission's action. 11. A public hearing was held by the City Council on January 24, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of tirne, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. 12. The applicant requested a continuance of the hearing to allow time to develop and present voluntary alternative development standards, which would be more restrictive than those allowed by the Zoning Code. 13. The Council voted unanimously to continue the hearing and refer the matter back to the Planning Commission for further consideration and directed the Planning Commission to make a recornmendation of approval or denial of the lot merger based on a review of the proposed alternative development standards. 14. A public hearing was held by the Planning Commission on March 22, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 15305 (Class 5 Minor Alterations in Land Use limitations). 2. Class 5 consists of projects with minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes to land use or increase in density, including minor lot line adjustments not resulting in the creation of any new parcel. This project is consistent with these requirements. SECTION 3. REQUIRED FINDINGS. In accordance with Section 19.68.030.H of Title 19 (Subdivision Code: Lot Mergers, Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Planning Commission Resolution No. 1872 Pace 3 of 9 Finding A. Approval of the merger will not, under the circumstances of this 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, and further that the proposed lot merger is consistent with the legislative intent of Title 19. Facts in Support of the Finding: A -1. The alternative development standards for height and maximum floor area (FAL) proposed by the applicant will limit development on the proposed merged property so that any future development will be compatible with the size and mass of structures on neighboring properties, other properties along Ocean Boulevard, and properties throughout Corona del Mar. A -2. The lot merger would not create a lot size and configuration, which is inconsistent with the development pattern of the surrounding lots. A -3. The proposed merger will not cause future development to impact public views of the ocean as no public views presently exist. A -4. The existing properties to be merged are legal building sites. A -5. The lot merger to combine the existing properties by removing the interior lot lines between them will not result in the creation of additional lots. A -6. The proposed lot merger consists of properties that have an average slope less than 20 percent and no changes in use or increase in density allowed on the merged property will occur. Finding B. The lots to be merged are under common fee ownership at the time of the merger. Facts in Support of the Finding: B -1. The two properties to be merged, 2808 and 2812 Ocean Boulevard are under common ownership. Finding C. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan. Planning Commission Resolution No. 1872 Paae4of9 Facts in Support of the Finding: C -1. Section 20.18.030 of the Zoning Code establishes minimum lot area and width requirements. Each of the two existing properties meet the minimum lot area required, but do not meet the minimum lot width required (50 feet). The proposed merger of the properties would create one property, which would comply with the minimum lot width and lot area standards required by the Zoning Code. C -2. The Land Use Element of the General Plan designates the subject site as Single -Unit Residential Detached (RS -D), which is intended to provide primarily for single - family residential units on a single legal lot and does not include condominiums or cooperative housing. The Coastal Land Use Plan designates this site as Single -Unit Residential Detached (RSD -B) which provides for density ranges from 6.0 -9.9 DU /AC. The existing development and proposed development of a single -unit dwelling on the site are consistent with these designations. Findin D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. Facts in Support of the Finding: D -1. Vehicular access to and from the subject site and across adjacent properties is available pursuant to a recorded ingress and egress easement at the rear of the site. Should the ingress and egress easement be terminated, vehicular access is possible from Ocean Boulevard at the front of the existing or merged parcels. Finding E. The lots as merged will be consistent with the surrounding pattern of development and will not create an excessively large lot that is not compatible with the surrounding development. Facts in Support of the Finding: E -1. Corona del Mar consists of lots of varying shapes and sizes. The subject lots, as merged, will result in a parcel with a width of 80 feet and area of 13,678 square feet. Other nearby lots on Ocean Boulevard have lot widths up to as wide as 73 feet and area up to as large as 13,325 square feet. The merger of the two properties will not create an excessively large lot in comparison to some of the existing lots in the surrounding area. E -2. Under the City's Zoning Ordinance, development within the R -1 (Single -Unit Residential) Zoning District within Corona del Mar can have a maximum floor area limit (FAL) 1.5 times the buildable area of the Iot.The Planning Commission's recommendation of approval of the lot merger includes a Condition of Approval that a Restrictive Covenant be recorded, prior to recordation of the lot merger, setting forth more restrictive standards Planning Commission Resolution No. 1872 Paqe 5 of 9 for height, side setbacks, and maximum floor area for development of the merged property. The maximurn floor area (FAL) will be restricted to .75 and will result in development consistent with properties in the surrounding area. Finding F. That the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of this title, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. Facts in Support of the Finding: F -1. The existing properties currently comply with the design standards and improvements required by the Zoning Code, General Plan, and Coastal Land Use Plan. F -2. The proposed lot merger combines the existing properties into a single parcel of land and does not result in the elimination of more than three lots or lot portions. F -3. Approval of the proposed lot merger would remove the interior lot lines between the two properties, and allow the property to be redeveloped as a single site. The allowed land use, density, and intensity on the merged property would remain the same. The proposed merged property would comply with all design standards and improvements required for new subdivisions by Title 19, the Zoning Code, General Plan, and Coastal Land Use Plan. SECTION 4. DECISION. NOVA, THEREFORE, BE IT RESOLVED: 1. That the Planning Commission recommends approval to the City Council of Lot Merger Application No. LM2011 -002, to merge 2808 and 2812 Ocean Boulevard, two properties under common ownership, and consisting of the following: portions of Lots 4, 5, and 6 of Block 34 Located in Corona del Mar, subject to the conditions set forth in Exhibit "A ", which is attached hereto and incorporated by reference. 2. This action shall become final and effective ten (10) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. Planning Commission Resolution No. 1872 PASSED, APPROVED AND ADOPTED THIS MARCH 22, 2012. AYES: Brown, Hillgren, and Myers NOES: Toerge and Tucker ABSTAIN: None. ABSENT: Ameri and Kramer 0 BY Planning Commission Resolution No. 1872 Page 7 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL 1. Prior to recordation of the lot merger, a Restrictive Covenant, setting forth the alternative development standards for height, maximum floor area, and side setbacks proposed by the applicant and described in Condition of Approval No. 3, and the "Established Grade" required by Condition of Approval No. 4 shall be recorded on the merged property with the County Recorder's Office. The Restrictive Covenant shall be in a form approved by the City Attorney and Community Development Director. The alternative development standards shall apply to all future development of the merged properties unless terminated by written agreement by the City of Newport Beach and the owners of the properties located at 2811 and 2821 Ocean Lane. 2. Development of the merged property shall comply with all development standards required by the Zoning Code for R -1 (Single -Unit Residential) located within Corona del Mar, with the exception of the requirements for height and the maximum floor area limit (FAL) as indicated in Condition of Approval No. 3. 3. Development of the merged property shall comply with the following alternative development standards for height and maximum floor area (FAL): o Floor Area Limit (FAL): - .75 (.75 x 9,488.02square feet = 7,116 square feet) - Subterranean basements shall not be included in maximum FAL (per Newport Beach Zoning Code) Maximum height for flat roof: - 34 percent up to 15feet 6 inches (floor of roof deck)' - 33 percent up to 15 feet (measured to top of roof) - 33 percent up to 14 feet (measured to top of roof) "Roof deck railings shall be transparent and may exceed the maximum height, but shall be no higher than the minimum height required by the latest California Building Code. a Setbacks: - Front — 20 feet - Rear — 10 feet - Right Side — 6 feet - Left Side — 6 feet 4. "Established Grade" for the purpose of measuring height for the principal structure shall be 67.2 NAVD88. Planning Commission Resolution No. 1872 Pace 8 of 9 5. The design of the development shall not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 6. All improvements shall be constructed as required by Ordinance and the Public Works Department. 7. The existing broken and /or otherwise damaged concrete sidewalk panels along the Ocean Boulevard frontage shall be reconstructed. Limits of the reconstruction shall be determined by the City Public Works Inspector. 8. All existing drainage facilities in the public right -of -way, including the existing curb drains along Ocean Boulevard, shall be retrofitted to comply with the City's on -site, non -storm runoff retention requirements. 9. All on -site drainage shall comply with the latest City Water Quality requirements. 10. 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. 11. New sod or low groundcovers, as approved by the City, shall be installed within the parkway fronting the development site along Ocean Boulevard. 12. An encroachment permit is required for all work activities within the public right -of -way. 13. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L: 14. The existing ingress and egress and utilities easements shall be maintained. 15. The existing sewer lateral to be used for the future dwelling unit shall have a sewer cleanout installed within the utilities easement per STD - 406 -L. All other laterals to be abandoned shall be capped at the property line. 16. All unused water services to be abandoned shall be capped at the corporation stop. 17. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 18. All applicable Public Works Department plan check fees shall be paid prior to review of the lot merger and grant deeds. 19. Prior to recordation of the lot merger, the development of the parcels combined shall conform to current zoning regulations pertaining to the number of dwelling units and the distance between detached structures. The proposed parcel shall have one dwelling unit. Planning Commission Resolution No. 1872 Page 9 of 9 One structure shall be modified or demolished to achieve the required separation between structures and density. 20. Prior to recordation of the lot merger, grant deeds indicating the changes in titles of ownership should be submitted to the Public Works Department for review and approval. 21. The lot merger and grant deeds reviewed and approved by the Public Works Department should be filed concurrently with the County Recorder and County Assessor's Offices. 22. No building permits may be issued until the appeal period has expired, unless otherwise approved by the Planning Division. 23. Prior to issuance of the building permit for any new construction on the property, the Planning Division shall verify recordation of the document with the County Recorder. 24. This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.050 of the Newport Beach Municipal Code. 25. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all 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 the 2808 and 2812 Ocean Boulevard Lot Merger including, but not limited to, Lot Merger No. LM2011 -002 (PA2011 -141). 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 City's costs, attorneys' fees, and damages 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.