HomeMy WebLinkAboutZA2018-139 - LOT MERGER A WAIVER OF PARCEL MAP REQUIREMENTS 215 AND 219 EVENING STAR LANERESOLUTION NO. ZA2018-139
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER NO.
LM2018-005, A WAIVER OF THE PARCEL MAP REQUIREMENT,
AND COASTAL DEVELOPMENT PERMIT NO. CD2018-089 FOR
PROPERTY LOCATED AT 215 AND 219 EVENING STAR LANE
(PA2018-234)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Clifton Jones with respect to property located at 215 and 219
Evening Star Lane requesting approval of a Lot Merger and Coastal Development Permit.
The lot at 215 Evening Star Lane is legally described as Lot 138 of Tract No. 4224. The lot
at 219 Evening Star Lane is legally described as Lot 139 of Tract No. 4224.
2. A covenant agreement (Official Records No. 85-212091) was recorded on June 11, 1985,
restricting the owner to hold Lots 138 and 139 as a single building site due to existing
residential building encroachments from Lot 139 onto Lot 138. Subsequently, a lot line
adjustment (LM2004-006) was approved by the Modifications Committee on July 28, 2004
to combine Lots 138 and 139. However, the approval expired due to not being exercised
within the conditioned time period.
3. 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.
4. 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-
6000) Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single -Unit Residential Detached — 6.0 - 9.9 DU/AC (RSD -B) and it is located
within the Single -Unit Residential (R-1-6000) Coastal Zone District.
6. A public hearing was held on December 13, 2018 in the Corona del Mar Conference Room
(Bay E-1 st 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.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
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.
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:
The proposed lot merger to combine two complete lots 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.
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Fact in Support of Finding:
1. The two 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:
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 -B), which provides for density ranges from 6.0 — 9.9 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 12,000 -square -foot parcel that is in conformance to the minimum 6,000 -square -
foot interior lot area standard of the Zoning Code. Additionally, the proposed merger would
create one approximately 120 -foot -wide parcel, exceeding the minimum 60 -foot interior lot
width standard of the Zoning Code.
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:
Legal access is provided from Evening Star Lane, 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.
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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 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 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. The lots along Evening Star Lane are generally uniform in terms of shape, width and
area. The proposed lot merger would create a 12,000 square -foot lot, which is
significantly larger other lots on Evening Star Lane. This lot would be nearly twice as
large as most lots, and nearly 27 percent larger than the largest lot on Evening Star
Lane. However, this lot would not be excessively larger than those existing lots
immediately adjacent, including 200 Evening Star Lane (9,486 square feet), 201
Evening Star Lane (9,041 square feet), 205 Evening Star Lane (8,589 square feet), and
among others.
2. The proposed lot width is approximately 120 feet, which is more than twice the width of
the majority of lots on Evening Star Lane. The lots along the cul-de-sac have greater lot
widths, including 200 Evening Star Lane (approximately 97 feet), 201 Evening Star Lane
(approximately 81 feet), and 205 Evening Star Lane (approximately 87 feet). However,
a lot width is measured from a point midway between the front and rear lot lines, which
is considerably wider than the width of the lot at the street. Therefore, the proposed lot
width at the street would be significantly wider than all of the other lots on Evening Star
Lane.
3. The lot merger would not change the lot depth, which is comparable to the other lots on
Evening Star Lane.
4. Merging the two lots would create one parcel that continues to meets the minimum
requirements of the Zoning Code and LCP Implementation Plan for lot width and area.
5. Orientation and access to the parcel would remain from the Evening Star Lane. Thus,
resulting lot configuration will not change the existing pattern of development in the area.
6. The current configuration contains multiple parcels, the property is used as a single
parcel with one single-family residence, which was constructed in 1962. Any
inconsistency with the pattern of nearby development occurred when the covenant
agreement was recorded in 1985 and the subject parcels were authorized to be a single
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development site. The lot merger will not increase any inconsistency or incompatibility
that may have resulted from this action. 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.
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 support 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 500 feet northeast of the site at the end of North Star
Lane where there is a pubic beach 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 lots are currently utilized as one building site, and do not provide public access or
views of the sea or shoreline.
2. The closest public view point is located near Westcliff Park, approximately 1,100 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.
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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:
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 Evening Star Lane. The site is served by all of
the necessary public utilities.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves LM2018-005 and
CD2018-089 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 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.
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PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF DECEMBER, 2018.
Patrick J. WAlf6rdZoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
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 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. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
7. 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.
8. 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 19 (Subdivisions) and Title 21 (Local Coastal
Program Implementation Plan).
9. 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 Jones Residence including, but not limited to, Lot Merger No. LM2018-005
and Coastal Development Permit No. 2018-089 (PA2018-234). 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,
attomeys' 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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