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HomeMy WebLinkAboutZA2017-070 - CDP and lot merger - 1210 AND 1220 WEST BAY AVENUERESOLUTION NO. ZA2017-070 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM2017-005, A WAIVER OF THE PARCEL MAP REQUIREMENT, AND COASTAL DEVELOPMENT PERMIT NO. CD2017 -055 FOR A LOT MERGER AND COASTAL DEVELOPMENT PERMIT LOCATED AT 1210 AND 1220 WEST BAY AVENUE (PA2017-115) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Elias and Caroline Sabo with respect to property located at 1210 and 1220 West Bay Avenue requesting approval of a Lot Merger and Coastal Development Permit. The lot at 1210 West Bay Avenue is legally described as Lot 9 in Block 3 of Tract No. 626 in the City of Newport Beach, County of Orange, State of California as per map recorded in Book 30, Pages 40 and 41 of Miscellaneous Maps in the Office of the County Recorder of Orange County, California. The lot at 1220 West Bay Avenue is legally described as the Easterly 30 feet of Lot 7, and all of Lot 8 in Block 3 of Tract No. 626 in the City of Newport Beach, County of Orange, State of California as per map recorded in Book 30, Pages 40 and 41 of Miscellaneous Maps in the Office of the County Recorder of Orange County, California. 2. The applicant proposes a lot merger and requests to waive the parcel map requirements for properties under common ownership. The applicant also requests an associated coastal development permit for the lot merger. 3. The subject property is designated Single-Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Single-Unit Residential (R-1) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single-Unit Residential Detached – 10.0-19.9 DU/AC (RSD-C) and it is located within the Single-Unit Residential (R-1) Coastal Zone District. 5. A public hearing was held on September 14, 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 hearing 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 hearing. 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 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. Zoning Administrator Resolution No. ZA2017-070 Page 2 of 9 07-11-17 2. The Class 15 exemption allows 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 parcels 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 19.68.030 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 proposed lot merger to combine two complete lots and portion of a lot by removing the interior lot lines between them 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. Any 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 two lots and portion of a lot to be merged are under common fee ownership. Zoning Administrator Resolution No. ZA2017-070 Page 3 of 9 07-11-17 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 parcels will retain the Single-Unit Residential (R-1) zoning designation, consistent with the surrounding area. The R-1 Zoning District is intended to provide areas appropriate for a detached single-family residence 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 and Section 20.18.030 of the LCP Implementation Plan establish minimum lot area and width requirements. The proposed merger would result in a 10,983 -square-foot parcel that is in conformance to the minimum 5,000-square- foot interior lot area standard of the Zoning Code. Additionally, the proposed merger would create one approximately 100-foot-wide parcel, exceeding the minimum 50-foot interior lot width standard of the Zoning Code. 5. The existing lots and portion of a lot do not meet the minimum width or lot area requirements of the Zoning code, as the lots are approximately 30- to 35-feet-wide and contain approximately 3,844 square feet. Merging the two lots and portion of a lot would create one parcel that meets the minimum requirements of the Zoning Code and LCP Implementation Plan for lot width and 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. Legal access is provided from West Bay Avenue, and will remain unchanged. The site does not currently provide access to any other properties. Thus, no adjoining parcels will be deprived of legal access as a result of the merger. Zoning Administrator Resolution No. ZA2017-070 Page 4 of 9 07-11-17 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 findings, the review authority may consider the following: a. Whether the development of the merged lots could significantly deviate fr om 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 and/or 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 West Bay Avenue 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 existing lots in the surrounding development that are similar to the proposed lot area, including 1813 East Bay Avenue (14,810 square feet), 1540 East Ocean Front (10,454 square feet), and 2210 Channel Road (11,114 square feet), among others. 2. The proposed lot width is approximately 10 0 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 915 Via Lido Soud (approximately 108 feet), 1540 Ocean Front (approximately 100 feet), and 309 Via Lido Soud (approximately 75 feet), among others. 3. The existing lots and portion of a lot do not meet the minimum width or lot area requirements of the Zoning code, as the lots are approximately 30- to 35-feet-wide and contain approximately 3,844 square feet. Merging the two lots and portion of a lot would create one parcel that meets the minimum requirements of the Zoning Code and LCP Implementation Plan for lot width and area. 4. Although the current configuration contains multiple parcels, the property is used as a single parcel with one single-family residence. 1210 West Bay Avenue contains the single-family residence, and 1220 West Bay Avenue contains the garage and pool with associated structures. As a result, the proposed merger will not result in a visible change in character to the neighborhood and will continue to allow the property to be used for single-family purposes. 5. Orientation and access to the parcel would remain from the West Bay Avenue. Thus, resulting lot configuration will not change the existing pattern of development in the area. Zoning Administrator Resolution No. ZA2017-070 Page 5 of 9 07-11-17 In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in su pport of such findings are set forth: Finding: F. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The proposed lot merger is for construction purposes and meets all of the requirements of the Local Coastal Program including Section 21.30.025 Coastal Subdivisions. 2. The lot merger is for a property within a developed neighborhood. The lots are currently utilized as one building site, and do not provide public access or views of the sea or shoreline. 3. The subject site fronts the Newport Bay and is located between the nearest public road and the sea or shoreline. The site does not currently provide vertical or lateral access to the waterfront, nor would it provide access under proposed conditions. Vertical access to the bay is available approximately 80 feet west of the site at the end of 12th Street where there is a small sandy area with access to the water. Thus, the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. Finding: G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The subject site fronts the Newport Bay and is located between the nearest public road and the sea or shoreline. The site does not currently provide vertical or lateral access to the waterfront, nor would it provide access under proposed conditions. Vertical access to the bay is available approximately 80 feet west of the site at the end of 12th Street where there is a small sandy area with access to the water. Thus, the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. 2. The lots are currently utilized as one building site, and do not provide public access or views of the sea or shoreline. Zoning Administrator Resolution No. ZA2017-070 Page 6 of 9 07-11-17 3. The closest public view point is located near Marina Park, approximately 1,300 feet from the property. The proposed residence is not located near coastal view roads, as designated in the Coastal Land Use Plan. Due to the distance of the proposed development from the public view point, the project will not impact coastal views. 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 lines and allow the property to be utilized as a single 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. The property complies with the requirements of Title 21 LCP Implementation 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 West Bay Avenue. 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 LM2017-005 and CD2017-055 subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2017-070 Page 7 of 9 07-11-17 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation Plan, and Title 19 Subdivisions, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF SEPTEMBER, 2017. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2017-070 Page 8 of 9 07-11-17 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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 app roval. 3. The applicant shall comply with all federal, state, and local laws. 4. The map shall be submitted to the Public Works Department for final map review and approval. All applicable fees shall be paid. 5. Prior to the issuance of building permits for construction across the existing interior lot lines, recordation of the lot merger documents with the County Recorder shall be required. 6. Prior to the recordation of the lot merger, a demolition permit for the existing two -car garage located at 1210 West Bay Avenue shall be issued and finaled. 7. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit. 8. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 9. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 10. 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 Sabo Lot Merger and Coastal Development Permit including, but not limited to, Lot Merger No. LM2017-005 and Coastal Development Permit No. 2017-055 (PA2017- 115). 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 Zoning Administrator Resolution No. ZA2017-070 Page 9 of 9 07-11-17 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.