HomeMy WebLinkAbout08_Cooper Residence Lot Merger_PA2018-013CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
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SUBJECT: Cooper Residence Lot Merger (PA2018-013)
• Lot Merger No. LM2018-001
SITE LOCATION: 624 Seaward Road
APPLICANT: Chad Cooper
OWNERS: Chad and Jennifer Cooper
PLANNER: Liane Schuller, Contract Planner
949- 644-3237, Ischuller@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
March 15, 2018
Agenda Item No. 8
• Zone: R-1-6,000 (Single -Unit Residential)
• General Plan: RS -D (Single -Unit Residential Detached)
• Coastal Land Use Category: RSD -A Single Unit Residential Detached - (0.0 - 5.9
DU/AC)
• Coastal Zoning District: R-1-6000 (Single -Unit Residential)
PROJECT SUMMARY
A lot merger application and request to waive the parcel map requirement, for two lots under
common ownership. The merger would combine the two legal lots into a single parcel.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15315 under Class 15 (Minor Land Divisions), because it has no
potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No._ approving Lot Merger No. LM2018-
001 (Attachment No. ZA 1).
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DISCUSSION
• An application was filed by Chad Cooper, with respect to property 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.
The purpose of the Lot Merger is to legally merge the two lots into one parcel to allow
for future accessory structures across the existing interior lot line.
• The Lot Merger application does not include nor propose any change in the density
or intensity of land use and, therefore, is not considered development as defined in
Newport Beach Municipal Code ("NBMC") Chapter 21.70. For this reason, a coastal
development permit is not required.
• Any future construction will be required to comply with the NBMC Planning and
Zoning (Title 20) and Local Coastal Program Implementaton Plan (Title 21)
development standards, including parking and setback requirements.
• NBMC Section 20.18.030 and Section 21.18.030 (Residential Districts General
Development Standards) establishes minimum lot area and width requirements. The
proposed merger would create one approximately 60 -foot -wide by 128 -foot -deep
parcel resulting in 7,680 square feet of area. The proposed parcel exceeds the
minimum required dimensional standards and the minimum 6,000 -square -foot
interior lot area standard.
• The proposed lot merger will create a parcel similar in size to those in the vicinity
and neighborhood.
• The configuration of the parcel will not change and it will remain oriented toward
Seaward Road. The proposed Lot Merger will remove an interior lot line that
presently bisects the outdoor living area.
• 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. The proposed parcel will not change the overall
property size and dimensions.
• The abutting lot to the north and the two abutting lots to the south have had lot
mergers approved and recorded, which also removed a similar interior lot line.
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• As demonstrated in the attached draft resolution, the proposed merger meets the
requirements of Title 19 (Subdivisions) and no deviations are requested.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15315, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). 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.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 10 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
LC
Li e Schuj ontract Planner
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Lot Merger Exhibits
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Attachment No. ZA 1
Draft Resolution
RESOLUTION NO. ZA2018-###
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 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;
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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:
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, safety, 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.
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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:
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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.
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:
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.
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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.
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
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EXHIBIT "A"
CONDITIONS OF APPROVAL
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 upon 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
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Attachment No. ZA 2
Vicinity Map
11
M
Attachment No. ZA 3
Lot Merger Exhibits
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EXHIBIT "A"
CITY OF NEWPORT BEACH
LOT MERGER NO. LM2018-****
(LEGAL DESCRIPTION)
OWNER
EXISTING PARCEL
PROPOSED PARCEL
AP NUMBER
REFERENCE NUMBER
CHAD J. & JENNIFER N. COOPER
APN 459-141-42
PARCEL 1
PARCEL 1
LOT 165 OF TRACT NO. 1237 IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA AS SHOWN ON MAP FILED IN BOOK 40, PAGES
19 AND 20 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY TOGETHER WITH LOT 17 OF TRACT NO. 14795 IN
SAID CITY, COUNTY AND STATE AS SHOWN ON MAP FILED IN BOOK 716,
PAGES 37 AND 38 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY.
PREPARED UNDER THE SUPERVISION OF
MARK S. PETRIE L.S. 6902 DATE
EXPIRES 06-30-2019
i4
EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT MERGER NO. LM 2018-****
(PLAT)
OWNER
EXISTING PARCEL
PROPOSED PARCEL
AP NUMBER
REFERENCE NUMBER
CHAD J. & JENNIFER N. COOPER
APN 459-141-42
PARCEL 1
5' BUILDING SETBACK LINE
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-14795
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TRACT NO.
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20.00' 100.00'
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PARGELL I
LLA 96-10, 19980497389 O.R,
SCALE: 1"=30'
LEGEND:
BOUNDARY OF NEW PARCEL
PER THIS
LOTLINE ADJUSTMENT.
- — — — - EXIST
LOT LINE TO BE REMOVED.
PREPARED UNDER THE SUPERVISION OF;
MARK S. PETRIE, L.S. 6902 DATE
EXPIRES 06/30/2019
115
EXHIBIT '°C"
CITY OF NEWPORT BEACH
LOT MERGER NO. LM 2018-****
(SITE PLAN)
OWNER
EXISTING PARCEL
PROPOSED PARCEL
AP NUMBER
REFERENCE NUMBER
CHAD J. & JENNIFER N. COOPER
APN 459-141-42
PARCEL 1
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5' BUILDING SETBACK LINE wo
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5'CTRACT NO. 14796
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18
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28.04'
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PARCEL 1
LLA 96-10, 19980497389 O.R.
SCALE: 1"=301
LEGEND:
BOUNDARY
OF NEW PARCEL
PER
THIS LOTLINE ADJUSTMENT.
— — — — — EXIST LOT LINE TO BE REMOVED.
PREPARED UNDER THE SUPERVISION OF;
-------------------
------- LS 6f
MARK S. PETR L.S. 902 DATE
EXPIRES 06/30%2019