Loading...
HomeMy WebLinkAboutZA2016-064 - LOT MERGER - COMBINE TWO LOTS INTO SINGLE BUILDING SITE - 2392 Redlands Drive RESOLUTION NO. ZA2016-064 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM2016-008 AND A WAIVER OF THE PARCEL MAP REQUIREMENT FOR A LOT MERGER LOCATED AT 2392 REDLANDS DRIVE (PA2016-147) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Apex Land Surveying Inc., with respect to property located at 2392 Redlands Drive and the unaddressed lot directly southeast of 2392 Redlands Drive. The lot at 2392 Redlands Drive is legally described as Lot 3, Tract No. 3062, as per map thereof recorded in Book 92, Pages 19 and 20 of Miscellaneous Maps, Records of Orange County, California. The unaddressed lot (APN439-232-17) is legally described as that portion of Lot 105 of Tract 300, as shown on a map recorded in Book 14, Pages 11 and 12 of Miscellaneous Maps, Records of Orange County California. 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 7,200 (R-1 7200) Zoning District and the General Plan Land Use Element category is Single-Unit Residential Detached (RS-D). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 21, 2016 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. The project is categorically exempt under Section 15315, of the State CEQA (California Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). 2. 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 Zoning Administrator Resolution No. ZA2016-064 Page 2 of 6 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 19.68.030 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. Fact 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. 05-26-2016 Zoning Administrator Resolution No. ZA2016-064 Page 3 of 6 Facts in Support of Finding: 1. The merged lots will retain the Single-Unit Residential 7,200 (R-1 7200) zoning designation, consistent with the surrounding area. The R-1 Zoning District is intended to provide for areas appropriate for a detached single-family residential dwelling unit located on a single lot with a minimum lot area of 7,200 square feet. 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 land use will remain the same and the merger is consistent with the land use designations of the General Plan. 3. The subject property is not located within a Specific Plan area. 4. The project site is zoned for residential uses. However, at present, the unaddressed lot is not accessible via legal access routes and is therefore unsuitable for standalone residential development. By merging the two lots, the second lot (vacant) would be viable for use under the existing residential zoning. 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. 2. Legal access is provided from Redlands Drive and will remain unchanged. There is currently no legal access to the unaddressed parcel adjacent to 2392 Redlands Drive. Finding- E. indin :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 Redlands Drive 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 the existing lots in the area. There are many existing lots in the surrounding development that are similar to the proposed lot area, including 2390 Redlands Drive (19,799 square feet) and 2393 Tustin Avenue (14,738 square feet). Although the property would be larger in area than most properties in the area, the proposed lot merger would allow a vacant site without legal access to merge with an addressed site with legal access. Furthermore, both of the properties at 2384 and 2364 Redlands Drive utilize the adjacent lot behind 05-26-2016 Zoning Administrator Resolution No. ZA2016-064 Page 4 of 6 their residences for accessory structures such as pools and decks. The proposed lot merger would utilize the adjacent lot for a similar purpose. Therefore, the lot would be compatible with the surrounding development. 2. The existing and 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 2390, 2384, and 2364 Redlands Drive (approximately 66 feet). 3. The resulting lot configuration will not change the existing pattern of development since the orientation and access to the parcels would remain the same. Waiver of Parcel Map In accordance with Section 19.08.30.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. 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 lot merger in and of itself would not change the land use, density, or intensity at the site. The proposed lot would comply with all design standards and improvements required for new subdivisions by Title 19, the Zoning Code, and General Plan. 2. The subject property is not subject to a Specific Plan. 3. 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. 4. The subject property is accessible from Redlands Drive. The site is served by all of the necessary public utilities. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 05-26-2016 Zoning Administrator Resolution No. ZA2016-064 Page 5 of 6 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No. LM2016-008, 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 21St DAY OF NOVEMBER, 2016 Patrick J. Alford, Zoning Administrator 05-26-2016 Zoning Administrator Resolution No. ZA2016-064 Page 6 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL 1. Lot Merger No. LM2016-008 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 2392 Redlands Lot Merger including, but not limited to, Lot Merger No. LM2016-008 (PA2016-147). 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