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HomeMy WebLinkAboutZA2023-075 - APPROVING A LOT MERGER FOR TWO LOTS UNDER COMMON OWNERSIP BOTH LOCATED AT 2319 HEATHER LANE (PA2023-0168)RESOLUTION NO. ZA2023-075 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LOT MERGER FOR TWO LOTS UNDER COMMON OWNERSIP BOTH LOCATED AT 2319 HEATHER LANE (PA2023-0168) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Oscar Almendarez, with respect to the property at 2319 Heather Lane. The property is legally described as Lot 36 of Tract No. 3138, Newport Beach. The parcel to be merged to the north has no site address and is legally described as Southeasterly ½ of Tustin Avenue (60 feet in width) adjoining lot 36 of Tract No. 3138. 2. The Applicant proposes a lot merger and requests to waive the parcel map requirement for two lots under common ownership. The merger would combine the two legal lots into a single parcel. 3. The subject properties are located within the Single-Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single-Unit Residential Detached (RSD). 4. The subject property at 2319 Heather Land is located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached (0.0 – 5.9 DU/AC) (RSD-A) and the Coastal Zoning District is Single-Unit Residential (R-1). The parcel with Assessor Parcel Number 119-321-52 is not located in the coastal zone. The Lot Merger application does not include nor proposes any change in the density or intensity of land use and is therefore not considered development as defined in Newport Beach Municipal Code (NBMC) Chapter 21.70 (Definitions). For this reason, a coastal development permit is not required. 5. A public hearing was held on December 14, 2023, 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. 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 Zoning Administrator Resolution No. ZA2023-075 Page 2 of 7 10-18-21 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%. This exemption includes a minor lot merger not resulting in the creation of any new parcel that complies with the conditions specified above. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, and is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 19.68.030 (Lot Mergers), the following findings and facts in support of such findings are set forth: 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 this title. Facts in Support of Finding: 1. The lot merger will not result in the creation of additional parcels by removing the interior lot line between them. 2. The lot merger is consistent with the purpose and intent of NBMC Title 19 (Subdivisions), identified in NBMC Subsection 19.04.020 (Purpose and Applicability). The lot merger will ensure all development is contained within the property and there is no construction crossing legal property lines. 3. The future development on the proposed parcel will be subject to NBMC Title 20 (Planning and Zoning), which is intended to promote orderly development, protect neighborhood character, and preserve public health, safety, and general welfare of the City. Finding: B. The lots to be merged are under common fee ownership at the time of the merger. Fact in Support of Finding: 1. The two lots to be merged are under common fee ownership, as evidenced by the Preliminary Title Report submitted with the application. Zoning Administrator Resolution No. ZA2023-075 Page 3 of 7 10-18-21 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. Facts in Support of Finding: 1. The merged parcel will retain the Single-Unit Residential (R-1) zoning designation, consistent with the surrounding area. The R-1 Zoning District is intended to provide areas appropriate for a detached single-family residential dwelling unit located on a single lot that is 5,000 square feet or greater in area. 2. The Land Use Element of the General Plan designates the subject site as Single Unit Residential Detached (RS-D), which applies to a range of single-family residential dwelling units. 3. The Coastal Land Use Plan designates the site at 2319 Heather Lane as Single Unit Residential Detached (0.0-5.9 DU/AC) (RSD-A), which provides for density ranging from 0.0-5.9 dwelling units per acre. The single-family residential land use will remain the same and the merger is consistent with the land use designations of the General Plan and Coastal Land Use Plan. 4. Section 20.18.030 (Residential Zoning Districts General Development Standards) of the Zoning Code establishes minimum lot area and width requirements. The proposed merger would result in an approximately 11,258-square-foot parcel that is in conformance to the minimum 5,000-square-foot interior lot area standard of the Zoning Code. The proposed merger would create approximately one 85-foot wide parcel, exceeding the 50-foot minimum width Zoning Code standard. 5. The subject property is not located within a specific plan area. Finding: D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. Fact in Support of Finding: 1. No adjoining parcels will be deprived of legal access as a result of the merger. The existing northerly parcel is landlocked. Legal access from the merged parcels is provided from Heather Lane and will remain unchanged. Zoning Administrator Resolution No. ZA2023-075 Page 4 of 7 10-18-21 Finding: E. The lots as merged will be consistent with the pattern of development nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. In making these findings, the review authority may consider the following: i. Whether the development of the merged lots could significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. ii. Whether the merged lots would be consistent with the character or general orientation of adjacent and/or adjoining lots. iii. Whether the merged lots would be conforming or in greater conformity with the minimum lot width and area standards for the zoning district. Facts in Support of Finding: 1. Any future development on the merged lots will be required to meet all applicable development standards and, therefore, will not significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. 2. The proposed lot merger will create a parcel that is consistent with the character or general orientation of adjacent and/or adjoining lots. Although the current configuration is two lots, the property is used as a single parcel with one single-family residence. As a result, the proposed merger will not result in a visible change in the character of the neighborhood and will continue to allow the property to be used for single-family purposes. 3. The proposed lot merger will create a parcel similar in size and configuration to those in the vicinity and neighborhood, and which conforms to the minimum lot width and area standards for the zoning district. See Fact in Support of Finding C (4) above. In accordance with Section 19.08.30.(A)(3) (Waiver of Parcel Map Requirement – Activities Eligible for Waiver) of the NBMC, the Zoning Administrator may approve a waiver of the parcel map requirement in cases where no more than three parcels are eliminated. The following finding and facts in support of such findings are set forth: Finding: F. 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. Zoning Administrator Resolution No. ZA2023-075 Page 5 of 7 10-18-21 Facts in Support of Finding: 1. Approval of the proposed lot merger would remove the existing interior lot line, and allow the property to be used as a single site. The proposed lot would comply with all design standards and improvements required for new subdivisions by NBMC Title 19 (Subdivisions), the General Plan, and the Coastal Land Use Plan. 2. The subject property is not located within a specific plan area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project categorically exempt from the California Environmental Quality Act 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 Zoning Administrator of the City of Newport Beach hereby approves PA2023-0168, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated for reference. 3. This action 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 in accordance with the provisions of Title 19 (Subdivisions), of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF DECEMBER 2023. Zoning Administrator Resolution No. ZA2023-075 Page 6 of 7 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved lot merger exhibits 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 applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this lot merger. 4. Prior to the issuance of building permits, for any construction to cross the existing interior lot line between the two lots proposed to be merged, recordation of the Lot Merger documents with the County Recorder shall be required. 5. All easements shall be plotted, and all easement documents provided upon final map review. 6. 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 the leasing agent. 7. 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. 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 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 Azelart Residence Lot Merger, PA2023-0168 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 costs, attorney’s fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City Zoning Administrator Resolution No. ZA2023-075 Page 7 of 7 10-18-21 upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.