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HomeMy WebLinkAbout08_Cooper Residence Lot Merger_PA2018-013CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT u s/ a ��<icoaN�r 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). 1 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. N • 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 BMZ/Is Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Lot Merger Exhibits 3 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; 5 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. N 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: 7 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. Ii 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 I 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 20 Attachment No. ZA 2 Vicinity Map 11 M Attachment No. ZA 3 Lot Merger Exhibits 13 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 w 5 -14795 CIO TRACT NO. u> T` o -164 o co � 18 O N 89'47'38" E 148.04' i — 128.04 G/ a 120.00' 100.00' 28.04' o LOT LINE TO P4 I I 0o BE REMOVED o O o C30 � I 3 PARCEL 1 C5 0 Qo o 0 7683.6 S0. FT. o f o 17 0 N N o o f a o z z M.M. 76/37-38 z 20.00' 100.00' 28.04' 128.04' 5'I N 89'47'23" E 148.04' 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 00 5' BUILDING SETBACK LINE wo co z m 5'CTRACT NO. 14796 m w r a 0 164 o m 18 oN�7'38" E 148.04' r C 128.04 q o 120.00' 100.00' 28.04' o m oo f e -rISTi yC PARCEL I O 3 3 3 3 I 15.0' 7683.6 SQ. FT. 3 144.717 0 Q b &04k- pMF165 vi N o 156 C1�'oo rn z 0 0 o I cr \z z M.M. 716/3 -38 z � x- 20.00 100,00' 28.04' 128.04' f 5'I N 8947'23" E 148.04' 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