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HomeMy WebLinkAboutZA2016-045 - LOT MERGER - 20111 AND 20101 S.W. CYPRESS STREET - 20101 Cypress St RESOLUTION NO. ZA2016-045 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM2016-003, WAIVING THE PARCEL MAP REQUIREMENT, AND COMBINING TWO PARCELS INTO A SINGLE PARCEL FOR A SINGLE FAMILY DEVELOPMENT LOCATED AT 20101 CYPRESS STREET AND 20111 BIRCH STREET (PA2016-079) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by West Desert Properties/Kelly Bangert, on behalf of Kelly Bangert, with respect to property located at 20101 Cypress Street and 20111 Birch Street, and legally described as the northeasterly 66 feet of Lot 147 together with the northwesterly 100 feet of said Lot 147, as shown on a map recorded in Book 21, Page 25, of Miscellaneous Maps, Records of Orange County requesting approval of a lot merger. 2. The applicant proposes a lot merger and requests to waive the parcel map requirement for two contiguous properties under common ownership. The merger would combine two legal lots into a single parcel. 3. The subject properties are located within the Residential Equestrian area of the Santa Ana Heights Specific Plan (SP-7) Zoning District and the General Plan Land Use Element category is Single Unit Residential Detached (RS-D). 4. The subject properties are not located within the coastal zone. 5. A public hearing was held on August 11, 2016 in the Corona del Mar Conference Room (Bay E-1 st 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 QUALITYACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3), Guidelines for Implementation of the California Environmental Quality Act under Class 15 (Minor Land Divisions). 2. The Class 15 exemption includes the division of property in urbanized areas zoned for residential, commercial, or industrial use into four (4) 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 parcel to local Zoning Administrator Resolution No. ZA2016-045 Page 2 of 6 standards are available, the parcel was not involved in a division of a larger parcel within the previous two (2) years, and the parcel does not have an average slope greater than 20 percent. This exemption includes a minor lot merger not resulting in the creation of any new parcel that complies with the conditions specified above. SECTION 3. REQUIRED FINDINGS. In accordance with Section 19.12.070A (Required Findings for Approval) 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 Title 19. Facts in Support of Finding: 1. The subject property was developed as a single site with a single-unit dwelling constructed on 20101 Cypress Street and a detached garage constructed on 20111 Birch Street. Currently there is a permit in process for a new single family home and detached garage which requires approval of the lot merger. 2. The lot merger is consistent with the purpose and intent of Title 19 (Subdivisions). The proposed merger will protect land owners and surrounding residents, and will preserve the public health, safety, and general welfare of the City. 3. Building alterations and improvements are required to comply with applicable Municipal Code regulations and City policies. Finding: B. The lots to be merged are under common fee ownership at the time of the merger. Facts in Support of Finding: 1. The properties at 20101 Cypress Street and 20111 Birch Street as described in Section 1 of this Resolution are under common fee ownership by Kelly Bangert. 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 05-26-2016 Zoning Administrator Resolution No. ZA2016-045 Page 3 of 6 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 lot will remain in the Residential Equestrian (REQ) area of the Santa Ana Heights Specific Plan Zoning District, which is consistent with the surrounding area. This area is intended to provide for the development and maintenance of a single-family residential neighborhood in conjunction with limited equestrian uses. 2. The lot at 20101 Cypress Street complies with Zoning Code required Site Development Standards (20.90.0605) relating to lot area, however the lot at 20111 Birch Street does not. The proposed merged lot will be 26,438 square feet in area and will meet the required minimum lot area of 19,800 square feet. 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 land use will remain the same and the merger is consistent with the land use designation of the General Plan. Finding: D. Neither the lots, as merged, nor the adjoining parcels, will be deprived of legal access as a result of the merger. Facts in Support of Finding: 1. Neither of the merged parcels, nor the adjoining parcels, will be deprived of legal access as a result of the merger. Access to both properties is provided from the front of the 20101 Cypress Street property along Cypress Street and will remain unchanged. 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: 1. The orientation and access to the merged parcel at 20101 Cypress Street will remain from Cypress Street, a public road. 2. Properties along Cypress Street consist of varying shapes and sizes. Although the proposed lot merger will create a larger lot, it will not create an excessively large lot in comparison to many existing lots. The width of the Cypress Street frontage will 05-26-2016 Zoning Administrator Resolution No. ZA2016-045 Page 4 of 6 remain unchanged and is consistent with the lot width of other properties on Cypress Street. Waiver of Parcel Map In accordance with Section 19.08.030.A.3 (Waiver of Parcel Map Requirement) of the Newport Beach Municipal Code, the Zoning Administrator may approve a waiver of the parcel map requirement in cases where no more than three (3) parcels are eliminated. The following finding and facts in support of such finding are set forth: 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 Title 19, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. Future improvements on the site will be required to comply with the development standards of the Newport Beach Municipal Code and General Plan. 2. The proposed lot merger combines the properties into a single parcel of land and does not result in the elimination of more than three (3) parcels. 3. Approval of the lot merger would remove the existing interior lot line and allow the property to be used as a single site. The lot merger in and of itself would not change the land use, density or intensity at the site. The proposed merged parcel would comply with all design standards and improvements required for new subdivisions by Title 19, the Zoning Code, and General Plan. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No. LM2016-003 (PA2016-079), 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 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. 05-26-2016 Zoning Administrator Resolution No. ZA2016-045 Page 5 of 6 PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF AUGUST, 2016. Patrick J. Alford, Zoning Administrator 05-26-2016 Zoning Administrator Resolution No. ZA2016-045 Page 6 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. Lot Merger No. LM2016-003 shall expire unless exercised within twenty-four(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. 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 map shall be submitted to the Public Works Department for Final Map Review and Approval. All applicable fees shall be paid. 4. Prior to the issuance of building permits for construction to cross the existing interior lot line between the two (2) parcels to be merged, recordation of the lot merger documents with the County Recorder shall be required. 5. 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 Cypress Lot Merger including, but not limited to, Lot Merger No. LM2016-003 (PA2016-079). 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. 05-26-2016