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HomeMy WebLinkAboutZA2018-033 - LOT MERGER AND WAIVER OF THE PARCEL MAP REQUIREMENT FOR A MERGER OF TWO LOTS UNDER COMMON OWNERSHIP - 624 SEAWARD ROADRESOLUTION NO. ZA2018-033 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING LOT MERGER NO. LM2018-001 AND A WAIVER OF THE PARCEL MAP REQUIREMENT FOR A MERGER OF TWO LOTS UNDER COMMON OWNERSHIP LOCATED AT 624 SEAWARD ROAD (PA2018-013) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Chad Cooper (“Applicant”), with respect to two lots located at 624 Seaward Road. The lot at 624 Seaward Road is legally described as Lot 165 of Tract 1237, Corona Highlands. The lot to the east of 624 Seaward Road, which shares the same address, is legally described as Lot 17 of Tract 14795. 2. The Applicant proposes a lot merger and requests to waive the parcel map requirement for two lots under common ownership. The merger would combine the two legal lots into a single parcel. 3. The subject properties are located within the Single-Unit Residential (R-1-6000) 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-A) and the Coastal Zoning District is Single-Unit Residential (R-1-6000). The Lot Merger application does not include nor propose any change in the density or intensity of land use, and is therefore not considered development as defined in Newport Beach Municipal Code (“NBMC”) Chapter 21.70 (Definitions). For this reason, a coastal development permit is not required. 5. A public hearing was held on March 15, 2018, 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. 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 par cels 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; Zoning Administrator Resolution No. ZA2018-033 Page 2 of 6 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 Newport Beach Municipal Code (“NBMC”) Section 19.68.030 (Lot Mergers) and 19.08.030 (Waiver of Parcel Map Requirement), 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 lots by removing the interior lot line 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 NMBC Title 19 (Subdivisions), identified in NBMC Subsection 19.04.020 (Purpose and Applicability). The Lot Merger will ensure all development is contained within the property and there is no construction crossing legal property lines. 4. The future development on the proposed parcel will be subject to the NBMC Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) development standards, which are intended to promote orderly development, protect neighborhood character, and preserve public health, safe ty, and general welfare of the City while implementing the policies of the Coastal Land Use Plan and the California Coastal Act of 1976. Finding: B. The lots to be merged are under common fee ownership at the time of the merger. Fact in Support of Finding: The two lots to be merged are under common fee ownership, as evidenced by the Preliminary Title Report submitted with the application. Zoning Administrator Resolution No. ZA2018-033 Page 3 of 6 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 parcel will retain the Single-Unit Residential (R-1-6000) zoning designation, consistent with the surrounding area. The R-1-6000 Zoning District is intended to provide for areas appropriate for a detached single-family residential dwelling unit located on a single lot that is 6,000 square feet or greater in area. 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-A), which provides for density ranges from 0.0-5.9 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 result in a 7,680-square-foot parcel that is in conformance to the minimum 6,000-square foot interior lot area standard of the Zoning Code. The proposed merger would create one approximately 60-foot wide by 128-foot deep parcel, exceeding the minimum Zoning Code standards. Finding: D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. Fact in Support of Finding: No adjoining parcels will be deprived of legal access as a result of the merger. Legal access is provided from Seaward Road, 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 findings, the review authority may consider the following: i. Whether the 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. Zoning Administrator Resolution No. ZA2018-033 Page 4 of 6 ii. Whether the merged lots would be consistent with the character or general orientation of adjacent and/or adjoining lots. iii. 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. Any future development on the merged lots will be required to meet all applicable development standards and, therefore, will not 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. 2. The proposed Lot Merger will create a parcel that is consistent with the character or general orientation of adjacent and/or adjoining lots. Although the current configuration is two lots, the property is used as a single parcel with one single-family residence. 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. 3. The proposed Lot Merger will create a parcel similar in size and configuration to those in the vicinity and neighborhood, and which conforms to the minimum lot width and area standards for the zoning district. See Fact in Support of Finding C(4) above. 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 NBMC Title 19, the General Plan, and the Coastal Land Use Plan. 2. The subject property is not located within a specific plan area. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No. LM2018-001, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2018-033 Page 5 of 6 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 NBMC Title 19 (Subdivisions). PASSED, APPROVED, AND ADOPTED THIS 15th DAY OF MARCH, 2018. ____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-033 Page 6 of 6 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 any construction to cross the existing interior lot line between the two (2) lots proposed to be merged, recordation of the Lot Merger documents with the County Recorder shall be required. 4. All easements shall be plotted and all easement documents provided u pon final map review. 5. Lot Merger No. LM2018-001 shall expire unless exercised within twenty-four (24) months from the date of approval as specified in NBMC Section 20.54.060, 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 Cooper Lot Merger including, but not limited to, Lot Merger No. LM2018- 001 (PA2018-013). 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