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HomeMy WebLinkAboutZA2017-008 - NEWPORT BEACH WELLNESS MINOR USE PERMIT - 2200 and 2202 Newport Blvd RESOLUTION NO. ZA2017-008 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM2016-007, WAIVING THE PARCEL MAP REQUIREMENT, AND COMBINING TWO LOTS INTO A SINGLE PARCEL FOR PROPERTY LOCATED AT 2200 AND 2202 NEWPORT BOULEVARD (PA2016-186) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by The Crab Cooker, with respect to property located at 2200 and 2202 Newport Boulevard, and legally described as Lots 15 and 16 of Tract No. 814 requesting approval of a lot merger. 2. The applicant proposes to combine two abutting lots under common ownership and to waive the parcel map requirement. 3. The subject property is located within the Mixed-Use Water Related (MU-W2) Zoning District and the General Plan Land Use Element category is Mixed-Use Water Related (MU-W2). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W). 5. A public hearing was held on January 26, 2017, 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). 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 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. ZA2017-008 Page 2 of 6 SECTION 3. REQUIRED FINDINGS. In accordance with Section 19.68.030 (Lot Mergers) 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 subject lots are currently developed with a single-story nonresidential structure, which crosses the interior property lines of Lots 15 and 16 of Tract Number 814. Per Section 19.04.035 of the Municipal Code (Development Across Property Lines), structures cannot be constructed across property lines. With the approval of the lot merger, repair and renovation of the existing structure onsite can proceed in conformance with the Zoning and Building Codes. 2. The project is similar to the development of other properties in the McFadden Square area and on the Balboa Peninsula, where individual nonresidential buildings have been built on each lot and modified over time; these developments have not been detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the neighborhood or injurious to property and improvements in the neighborhood or the 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. Fact in Support of Finding: 1. Lots 15 and 16 of Tract Number 814 are under common fee ownership. 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. 01-03-17 Zoning Administrator Resolution No. ZA2017-008 Page 3 of 6 Facts in Support of Finding: 1. The merged lots will be consistent with the applicable MU-W2 district regulations and other regulations relating to the subject property. The resulting parcel will be 5,400 square feet in area, exceeding the minimum lot area requirements of 2,500 square feet, and no setback nonconformities would be directly created by the proposed merger. 2. The Land Use Element of the General Plan designates the subject site as MU-W2 (Mixed-Use Water Related), which applies to waterfront properties in which marine- related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. The lot merger will help allow for the repair and renovation of the existing commercial and visitor- serving commercial use within the structure, consistent with the intent of the MU- W2 land use designation. 3. The existing building 2200 and 2202 Newport Boulevard is nonconforming to the 0.5 floor area ratio (FAR) limit. Any future redevelopment of the merged lots will be required to be consistent with MU-W2 (Mixed-Use Water Related) standards, including floor area, parking, and setback requirements and other applicable codes, regulations, and policies. 4. The lots are located within the coastal zone and the current use conforms to the MU- W (Mixed-Use Water Related) land use designation. 5. The merged lots will retain the MU-W2 designation, consistent with the surrounding area. The MU-W2 designation applies to waterfront properties in which marine- related uses may be intermixed with general commercial, visitor-serving commercial and residential units on the upper floors. 6. The Land Use Element of the General Plan designates the subject site as MU-W2, which applies to waterfront locations in which marine-related uses may be intermixed with buildings that provide residential on upper floors. The land use will remain the same and the merger is consistent with the designations of the General Plan. 7. 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. Facts in Support of Finding: 1. Neither of the merged lots, nor the adjoining parcels, will be deprived of legal access as a result of the merger. Legal access is provided from Newport Boulevard, 22nd Street as well as The Arcade and will remain unchanged. 01-03-17 Zoning Administrator Resolution No. ZA2017-008 Page 4 of 6 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. McFadden Square and the surrounding corridor along Newport Boulevard and Balboa Boulevard consist of lots of varying size. The proposed lot merger would remove the interior property line between the subject properties to permit the parcel as a single, unified site, and would not result in a development pattern, inconsistent with the existing development in the area. 2. As currently configured the individual lots meet the minimum area standard of 2,500 square feet stipulated by the Zoning Code for the MU-W2 Zoning District. The proposed lot merger will result in a parcel that is 5,400 square feet in area, exceeding the minimum lot area requirement. The majority of parcels in the vicinity are well in excess of the minimum lot area requirement; thus, the merger will not create a large parcel that appears out of character with the surrounding development. 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 parcels are eliminated. The following finding and facts in support of such finding are set forth- Finding- F. orth:Findin :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. The proposed lot merger will result in a parcel that is 5,400 square feet in area, which is compliant with the Zoning Code requirement of 2,500 square feet for a newly created parcel within the MU-W2 district. 01-03-17 Zoning Administrator Resolution No. ZA2017-008 Page 5 of 6 2. The lots are currently developed. Approval of the proposed lot merger would remove the existing interior lot line, and allow the properties to be used as a single site for development. The lot merger in and of itself would not change the land use, density, and intensity. The proposed merged parcel would comply with all design standards and improvements required for new subdivisions by Title 19, the Zoning Code, Local Coastal Land Use Plan, and General Plan. 3. The proposed parcel will have a frontage on Newport Boulevard, 22nd Street and The Arcade; therefore, the proposed lot merger will not result in a deprivation of legal access. 4. The proposed lot merger does not result in the elimination of more than three lots. 5. Any improvements to the project site are required to comply with applicable Municipal Code regulations and City policies. 6. The subject property is not subject to a specific plan. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No. LM2016-007, 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. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF JANUARY, 2017. Patrick J. Alford, Zoning Administrator 01-03-17 Zoning Administrator Resolution No. ZA2017-008 Page 6 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL 1. Lot Merger No. LM2016-007 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 any construction to cross the existing interior lot line between the two (2) lots 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 The Crab Cooker Lot Merger including, but not limited to, Lot Merger No. LM2016-007 (PA2016-186). 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. 01-03-17