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HomeMy WebLinkAboutZA2013-071 - Approved LM2013-004 2100 Mesa DriveRESOLUTION NO. ZA2013 -071 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER LM2013 -004 AND A WAIVER OF THE PARCEL MAP REQUIREMENT FOR A LOT MERGER LOCATED AT 2100 MESA DRIVE (PA2013 -188) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by James C. "Buzz" Person, Jr. on behalf of the property owner, with respect to property located at 2100 Mesa Drive, and legally described as, Portions of Lots 118 through 121, Tract No. 706, and portions of Mesa Drive and Birch Street Adjoining, as shown on a map recorded in Book 21, Page 25 of Miscellaneous Maps, Records of Orange County, California, requesting approval of a lot merger. 2. The applicant proposes a lot merger application and a request to waive the parcel map requirement for four portions of properties, under common ownership, located in the Santa Ana Heights Specific Plan area. The merger would combine portions of Lots 118 through 121 of Tract 706 into a single parcel. 3. The subject property is located within the Santa Ana Heights Specific Plan (SP -7) and the General Plan Land Use Element category is Single -Unit Residential Detached (RS- D). 4. The subject property is located within the coastal zone and is designated as Single -Unit Residential Detached (0.0 - 5.9 DU /AC) (RSD -A). 5. A public hearing was held on November 14, 2013, in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Class 5 (Minor Alterations in Land Use Limitations). 2. Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density. Zoning Administrator Resolution No. ZA2013 -071 Paae 2 of 5 SECTION 3. REQUIRED FINDINGS. In accordance with Section 19.68.030 and 19.08.030 of the Newport Beach Municipal Code, 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: A -1. The lot merger to combine four portions of existing legal lots by removing the interior lot lines between them will not result in the creation of additional lots. A -2. The project is in an area with an average slope of less than 20 percent. A -3. The lot merger is consistent with the purpose and intent of Title 19 (Subdivisions). The proposed merger and allowed future development will be compatible with surrounding land uses and will preserve the public health, safety, and general welfare of the City. A -4. The future development on the proposed lot will be subject to the Zoning Code development standards. Finding: B. The lots to be merged are under common fee ownership at the time of the merger. Facts in Support of Finding: B -1. The four portions of lots to be merged are under common fee ownership as indicated by the title reports provided by the applicant. 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. 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -071 Paae 3 of 5 Facts in SUDDort of Findina: C -1. The new parcel will remain within the Residential Equestrian (REQ) subarea of the Santa Ana Heights Specific Plan (SP -7) Zoning District, consistent with the surrounding area. The REQ subarea of the SP -7 Zoning District is intended to provide for the development and maintenance of a single - family residential neighborhood in conjunction with limited equestrian uses. C -2. The new 2.218 -acre parcel will comply with the Specific Plan requirements for building site area which requires a minimum area of 2 acres within the REQ subarea for lots south of Mesa Drive. C -3. 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. The resulting parcel will be developed with a single - family dwelling unit once the Lot Merger has been recorded. C -4. The Coastal Land Use Plan designates the subject site as Single -Unit Residential Detached (0.0 - 5.9 DU /AC) (RSD -A). Approval of the Lot Merger will maintain a density within the appropriate range prescribed by this designation. Finding: D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. Facts in SuDDort of Findina: D -1. The lot portions as merged will not be deprived of legal access as the merged parcel will abut a street consistent with existing conditions. D -2. As conditioned, no adjoining lots will be deprived of legal access as a result of the merger. A 30- foot -wide easement for road and public utility purposes exists along the easterly property line to provide vehicular access for the properties located south of the subject project site. Vehicular access to and from the subject site and adjacent properties would remain via the public street (Mesa Drive) and existing easements. 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 Facts in Support of Finding: E -1. Lot widths in the area on the southerly side of Mesa Drive vary from approximately 40 feet to 300 feet; likewise lot sizes vary from approximately 83,000 square feet to 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -071 Paae 4 of 5 almost 160,000 square feet. The subject lot portions, as merged, will result in a 212 - foot -wide, 96,616- square -foot lot which falls within the development pattern of the area. E -2. Although the lot orientation is not in character with the lots in the vicinity, all future development will be subject to the site development standards prescribed by the REQ subarea of the SP -7 Zoning District within the Zoning Code and will ensure a development patter compatible with the nearby lots. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No. LM 2013 -004, 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 10 days after the adoption of this Resolution unless within such time an appeal 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 NOVEMBER, 2013. Wisneski; AIPP, Zoning Administrator 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -071 Paae 5 of 5 EXHIBIT "A" 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. 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. 3. Prior to the issuance of any building permits, recordation of the lot merger documents with the County Recorder shall be required. 4. Prior to release for recordation, Lot Merger No. LM2013 -004 exhibits shall be revised to include a 30- foot -wide easement for road, public utilities, and access purposes. Said easement shall be maintained in a condition that allows adequate access to 2148 Mesa Drive. 5. Lot Merger No. LM2013 -004 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 6. 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 Brockman Lot Merger including, but not limited to, the Lot Merger No. LM2013 -004. 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. 10 -15 -2013