HomeMy WebLinkAboutZA2016-059 - LOT MERGER 320 AND 322 BUENA VISTA RESOLUTION NO. ZA2016-059
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER NO.
LM2016-009 AND A WAIVER OF THE PARCEL MAP
REQUIREMENT FOR A LOT MERGER LOCATED AT 320 AND
322 BUENA VISTA BOULEVARD (PA2016-158)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Stephen Rogers, with respect to property located at 320 and
322 Buena Vista Boulevard. The lot at 320 Buena Vista Boulevard is legally described as
Lot 158 of Subdivision Block A, East Newport. The lot at 322 Buena Vista Boulevard is
legally described as Lot 157 of Subdivision Block A, East Newport.
2. The applicant proposes a lot merger and requests to waive the parcel map requirement
for two properties under common ownership.
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
(RS-D).
4. The subject properties are located within the coastal zone. The Coastal Land Use Plan
category is Single-Unit Residential Detached (RSD-B).
5. A public hearing was held on October 27, 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 QUALITY ACT DETERMINATION.
1. The project is categorically exempt under Section 15315, of the State CEQA
(California Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions).
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
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.
Zoning Administrator Resolution No. ZA2016-059
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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:
1. The lot merger to combine two existing legal lots by removing the interior lot line
between the lots will not result in the creation of additional parcels.
2. The project is in an area with an average slope of less than 20 percent.
3. The lot merger is consistent with the purpose and intent of Title 19 (Subdivisions).
4. The future development on the proposed parcel will be subject to the Zoning Code
development standards, which are intended to promote orderly development,
protect neighborhood character, and preserve public health, safety, and general
welfare of the City.
Finding-
B.
indin :8. The lots to be merged are under common fee ownership at the time of the merger.
Facts in Support of Finding:
1. The two lots to be merged are under common fee ownership.
Finding-
C.
indin :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 lots will retain the Single-Unit Residential (R-1) zoning designation,
consistent with the surrounding area. The R-1 Zoning District is intended to provide
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Zoning Administrator Resolution No. ZA2016-059
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for areas appropriate for a detached single-family residential dwelling unit located on
a single lot.
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. The Coastal Land Use Plan designates this site as Single-Unit
Residential Detached (RSD-C), which provides for density ranges from 10.0-19.9
dwelling units per acre. The 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.
3. The subject property is not located within a Specific Plan area.
4. Section 20.18.030 of the Zoning Code establishes minimum lot area and width
requirements. The proposed merger would combine two substandard lots into a
4,650-square-foot parcel that is closer in conformance to the minimum 5,000-square
foot interior lot area standard of the Zoning Code. Also, the proposed merger would
create one approximately 66-foot-wide parcel, exceeding the minimum 50-foot interior
lot width standard of the Zoning Code.
Finding:
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 Finding:
1. No adjoining parcels will be deprived of legal access as a result of the merger. Legal
access is provided from Buena Vista Boulevard and the alley located in the rear, and
will remain unchanged.
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 Finding:
1. Properties along Buena Vista Boulevard consist of lots 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 of the existing lots in the area. There
are many existing lots in the surrounding development that are similar to the
proposed lot area, including 304 Buena Vista Boulevard (4,289 square feet), 328
Buena Vista Boulevard (4,202 square feet), and 350 Buena Vista Boulevard (3,935
square feet).
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2. The proposed lot width is approximately 66 feet, which will not create an
excessively wide lot in comparison to other existing lots in the area. There are
existing lots in the surrounding development similar to the proposed lot width,
including 304 Buena Vista Boulevard (approximately 57 feet), 328 Buena Vista
Boulevard (approximately 60 feet), and 350 Buena Vista Boulevard (approximately
87 feet).
3. The resulting lot configuration will not change the existing pattern of development
since the orientation and access to the parcel would remain from the alley in the
rear of the lot.
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.
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 Title 19,
General Plan, and Coastal Land Use Plan.
2. The subject property is not subject to a Specific Plan.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No.
LM2016-009, and waive the parcel map requirement 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 27th DAY OF OCTOBER, 2016.
Patrick J. Alford, Zoning Administrator
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Zoning Administrator Resolution No. ZA2016-059
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The map shall be submitted to the Public Works Department for Final Map Review and
Approval. All applicable fees shall be paid.
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. Prior to the issuance of building permits for construction to cross the existing interior
lot line between the two (2) parcels proposed to be merged, recordation of the lot
merger documents with the County Recorder shall be required.
4. Prior to the recordation of the lot merger, a minimum of one existing dwelling unit shall
be demolished or modified so that the merged lot will not contain more than one
dwelling unit.
5. Lot Merger No. LM2016-009 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.
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 Rogers Lot Merger including, but not limited to, Lot
Merger No. LM2016-009 (PA2016-158). 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
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