HomeMy WebLinkAboutZA2017-019 - LOT MERGER - 3418-3428 Via Lido RESOLUTION NO. ZA2017-019
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER NO.
LM2016-012 AND A WAIVER OF THE PARCEL MAP
REQUIREMENT FOR A LOT MERGER LOCATED AT 3418-3428
VIA LIDO (PA2016-209)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Tait&Associates with respect to property located at 3418-3428
Via Lido and legally described as Lots 6, 7, and 8 (excepting therefrom the northwesterly
half of said Lot 8) requesting approval of a lot merger.
2. The applicant proposes a lot merger and requests to waive the parcel map requirement for
properties under common ownership.
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-W2).
5. A public hearing was held on March 30th, 2017 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 is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 under Class Class 15 (Minor Land Divisions) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3.
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.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Sections 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 lots and a portion of a lot by removing the interior lot
lines 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. The lots to be merged are under common fee ownership at the time of the merger.
Fact in Support of Finding:
1. The lots to be merged 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.
Facts in Support of Finding:
1. The merged lots will retain the Mixed Use Water Related (MU-W2)zoning designation,
consistent with the surrounding area. The MU-W2 Zoning District is intended to provide
for marine-related uses such as general commercial, visitor-serving commercial, and
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residential dwelling units on upper floors located on a lot with a minimum lot area of
2,500 square feet.
2. The Land Use Element of the General Plan designates the subject site as Mixed Use
Water Related (MU-W2), which applies to a range of waterfront properties in the area.
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.
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 Via Lido and an alley to the rear 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. In making this finding, the review authority may consider the following:
a. Whether development of the merged lots could significantly deviate from the pattern
of development of adjacent and/or adjoining lots in a manner that would result in an
unreasonable detriment to the use and enjoyment of other properties.
b. Whether the merged lots would be consistent with the character or general
orientation of adjacent andlor adjoining lots.
c. Whether the merged lots would be conforming or in greater conformity with the
minimum lot width and area standards for the zoning district.
Facts in Support of Finding:
1. Properties along Newport Boulevard and within the Lido Marina Village area exhibit
a variety of shapes and sizes. Although the proposed lot merger will create a larger
lot, it will not create a lot that is uncharacteristic of the project vicinity. The minimum
lot width is 25 feet and the existing lot width is approximately 40 feet. The proposed
lot width is 100 feet, therefore complying with the minimum size requirements. Lots
of similar or greater size in the vicinity include the properties at 3434 Via Lido, 3450
Via Oporto, and 3440 Via Oporto, among others.
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2. 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 19.08.030.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. 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 lines 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 Via Lido and an alley to the rear. The site is
served by all of the necessary public utilities.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No.
LM2016-012 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.
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PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF MARCH, 2017.
--A
Patrick J. Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1 . The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except as
modified by applicable conditions of approval.)
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 any future building permits for construction that crosses the
existing interior lot lines, recordation of the lot merger 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 3418 Via Lido Lot Merger including, but not limited to, Lot Merger No. LM2016-
012. 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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