Loading...
HomeMy WebLinkAbout02_Argent LLC Lot Merger_PA2018-26100"'�WPQR . CITY OF NEWPORT BEACH n ZONING ADMINISTRATOR STAFF REPORT April 25, 2019 Agenda Item No. 2 SUBJECT: Argent LLC Lot Merger (PA2018-261) ■ Lot Merger No. LM2018-006 SITE LOCATION: 1601 East Bay Avenue APPLICANT: Swift Slip & Dock OWNER: Argent LLC PLANNER: Liz Westmoreland, Assistant Planner Lwestmoreland(o)-newportbeachca.gov, 949-644-3234 LAND USE AND ZONING • Coastal Land Use Category: Single Unit Residential Detached — (6.0 — 9.9 DU/AC) (RSD -B) • Coastal Zoning District: Single Unit Residential (R-1) • General Plan: Single -Unit Residential Detached (RS -D) • Zoning District: Single Unit Residential (R-1) PROJECT SUMMARY The applicant proposes to merge three underlying legal lots, including Parcel 1 of LLA 2004- 003, the abandoned right-of-way of Bay Avenue, and Lot 1 and Lot 2 of Block P. The applicant requests to waive the parcel map requirements for properties under common ownership. 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) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Draft Zoning Administrator Resolution No. — approving Lot Merger LM2018- 006 (Attachment No. ZA 1). I Argent LLC Lot Merger (PA2018-261) Zoning Administrator, April 25, 2019 Page 2 DISCUSSION The lot merger is proposed to clean up the underlying legal lot configuration under one ownership to mirror similar properties in the area and allow future construction over underlying legal lot lines. Lot 1 and Lot 2 of Block P do not currently allow for independent residential development and the functionality of these lots would not change with the merger. All of these lots have historically been collectively utilized as a single building site. Although the current configuration contains multiple parcels and an abandoned right-of-way, the property is used as a single parcel with one single-family residence. APN 048 231 40 contains the residence, and APN 048 231 41 contains the front yard and a portion of Newport Bay. 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 residential purposes. • The lots to be merged are under common fee ownership. Section 20.18.030 of the Zoning Code establishes minimum lot area and width requirements. The proposed merger would result in a 10,641 -square -foot parcel that is in conformance to the minimum 6,000 -square -foot corner lot area standard of the Zoning Code. Additionally, the proposed merger would maintain a width of 60 feet, meeting the minimum 60 -foot corner lot width standard of the Zoning Code. The existing Lots 1 and 2 of Block P do not meet the minimum width or lot area requirements of the Zoning Code, as the lots are approximately 30 -feet -wide and contain approximately 1,620 square feet (not including any portion of the abandoned right-of-way). Although not formally a lot, the abandoned right-of-way consists of approximately 1,832 square feet (sf). Merging the three lots and the abandoned right- of-way would create one parcel that meets the minimum requirements of the Zoning Code (and Local Coastal Program Implementation Plan) for lot width and area. Although the proposed lot merger will result in a larger lot, it will not create a lot that is inconsistent with the surrounding neighborhood. There are existing lots in the surrounding development that are similar to the proposed lot area such as 1513 East Bay Avenue (8,592 sf), 1813 East Bay Avenue (14,481 sf) and 1507 East Bay Avenue (8,592 sf), among others. Legal access to the site is provided from East Bay Avenue, and will remain unchanged. The site does not currently provide access to any other properties. Currently, Lots 1 and 2 of Block P are not independently accessible from the street. The merger would formally allow all of the lots to be recognized as one. Thus, no adjoining parcels will be deprived of legal access as a result of the merger. Tmplt: 01/12/18 Argent LLC Lot Merger (PA2018-261) Zoning Administrator, April 25, 2019 Page 3 • Existing property widths along East Bay Avenue primarily consist of 30-, 45-, and 60 -foot -wide lots. All of the nearby waterfront properties have similar lot depths as the proposed project, with approximately 173 -foot lot depths. The subject site is the only waterfront property in the vicinity that does not have this configuration where the lots from Block P and the abandoned right-of-way appear as one single lot. The lot merger would allow the subject site to clean up underlying legal lots and mirror the existing pattern of development in the area. • Merging underlying Lots 1 and 2 of Block P with Parcel 1 of LLA2004-003 would not change the development potential or size of structure that could be constructed on-site. Regardless of the lot merger, no single-family residences could be constructed on the underlying Lots 1 and 2 of Block P because of the size and location of the lots. Furthermore, the front setback and associated buildable area will continue to be measured from the abandoned right-of-way line regardless of the proposed lot merger. The lot merger would both formally change the configuration of lots on record, and allow accessory structures such as pools, fences, and bulkheads to be constructed across underlying legal lot lines. • The lot merger would not result in a change in intensity or density of the project site, because the underlying legal Lots 1 and 2 of Block P cannot be developed separately with any dwelling units. Additionally, the potential building size would not be altered with the approval of the lot merger, since the setbacks and associated buildable area would remain the same. Therefore, a coastal development permit is not required. ENVIRONMENTAL REVIEW 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, because it has no potential to have a significant effect on the environment. 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. Tmplt: 01/12/18 Argent LLC Lot Merger (PA2018-261) Zoning Administrator, April 25, 2019 Page 4 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. Prepared by: Liz Westmoreland, Assistant Planner JM/law Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans Tmplt: 01/12/18 1 Attachment No. ZA 1 Draft Resolution 5 RESOLUTION NO. ZA2019-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM2018-006 AND A WAIVER OF THE PARCEL MAP REQUIREMENT, FOR A LOT MERGER LOCATED AT 1601 EAST BAY AVENUE (PA2018-261) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Swift Slip & Dock with respect to property located at 1601 East Bay Avenue and described as APN 048 231 40 and 048 231 41 requesting approval of a Lot Merger. 2. The applicant proposes to merge three underlying legal lots including Parcel 1 of LLA 2004-003, the abandoned right-of-way of Bay Avenue, and Lot 1 and Lot 2 of Block P. The applicant requests to waive the parcel map requirements for properties under common ownership. 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 — (6.0 — 9.9 DU/AC) (RSD -B) and it is located within the Single Unit Residential (R-1) Coastal Zoning District. The lot merger would not result in a change in intensity or density of the project site, because the underlying legal Lots 1 and 2 of Block P cannot be developed separately with any dwelling units. Additionally, the potential building size would not be altered with the approval of the lot merger, since the setbacks and associated buildable area would remain the same. Therefore, a coastal development permit is not required. 5. A public hearing was held on April 25, 2019 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. 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, because it has no potential to have a significant effect on the environment. 0 Zoning Administrator Resolution No. ZA2019-### Paae 2 of 6 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 of the Newport Beach Municipal Code (Title 19 Subdivisions), 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 requested lot merger is proposed to clean up the underlying legal lot configuration under one ownership to mirror similar properties in the area and allow future construction over underlying legal lot lines. Lot 1 and Lot 2 of Block P do not currently allow for independent residential development and the functionality of these lots would not change with the merger. All of these lots have historically been utilized as a single building site. 2. The lot merger is consistent with the purpose and intent of Title 19 (Subdivisions). 3. 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. indin : 8. The lots to be merged are under common fee ownership at the time of the merger. Fact in Support of Finding: 1. The lots to be merged are under common fee ownership. Finding- 01-25-19 indin : 01-25-19 Zoning Administrator Resolution No. ZA2019-### Paae 3 of 6 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 SUDDort of Findina: 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 establishes minimum lot area and width requirements. The proposed merger would result in a 10,641 -square -foot parcel that is in conformance with the minimum 6,000 -square -foot corner lot area standard of the Zoning Code. Additionally, the proposed merger would maintain a width of 60 feet, meeting the minimum 60 -foot corner lot width standard of the Zoning Code. 5. The existing Lots 1 and 2 of Block P do not meet the minimum width or lot area requirements of the Zoning Code, as the lots are approximately 30 -feet -wide and contain approximately 1,620 square feet (not including any portion of the abandoned right-of-way). Although not formally a lot, the abandoned right-of-way consists of approximately 1,832 square feet (sf). Merging the three lots and abandoned right-of-way would create one parcel that meets the minimum requirements of the Zoning Code (and Local Coastal Program 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 SuDDort of Findina: 1. Legal access to the site is provided from East Bay Avenue, and will remain unchanged. The site does not currently provide access to any other properties. Currently, Lots 1 and 2 of Block P are not independently accessible from the street. The merger would formally allow all of the lots to be recognized as one. Thus, no adjoining parcels will be deprived of legal access as a result of the merger. 01-25-19 g Zoning Administrator Resolution No. ZA2019-### Paae 4 of 6 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 finding, 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: Existing property widths along East Bay Avenue primarily consist of 30-, 45-, and 60 - foot -wide lots. All of the nearby waterfront properties have similar lot depths as the proposed project, with approximately 173 -foot lot depths. The subject site is the only waterfront property in the vicinity that does not have this configuration where the lots from Block P and the abandoned right-of-way appear as one single lot. The lot merger would allow the removal of underlying legal lots to create a single parcel that is consistent with the existing development pattern in the area. 2. The proposed lot width of 60 feet would not change the configuration of the property as currently utilized. Lots 1 and 2 of Block P would be brought into conformance, as they are currently 30 feet wide and do not comply with the required width of 60 feet for corner lots and 50 feet for interior lots. There are existing lots in the surrounding development similar to the proposed lot width. 3. Merging underlying Lots 1 and 2 of Block P with Parcel 1 of LLA2004-003 would not change the development potential or size of structure that could be constructed on-site. Regardless of the lot merger, no single-family residences could be constructed on the underlying Lots 1 and 2 of Block P because of the size and location of the lots. Furthermore, the front setback and associated buildable area will continue to be measured from the abandoned right-of-way line regardless of the proposed lot merger. The lot merger would both formally change the configuration of lots on record, and allow accessory structures such as pools, fences, and bulkheads to be constructed across underlying legal lot lines. 4. Although the proposed lot merger will result in a larger lot, it will not create a lot that is inconsistent with the surrounding neighborhood. There are existing lots in the surrounding development that are similar to the proposed lot area such as 1513 East Bay Avenue (8,592 sf), 1813 East Bay Avenue (14,481 sf) and 1507 East Bay Avenue (8,592 sf), among others. 01-25-19 9 Zoning Administrator Resolution No. ZA2019-### Paae 5 of 6 5. Although the current configuration contains multiple parcels and an abandoned right-of- way, the property is used as a single parcel with one single-family residence. APN 048 23140 contains the residence, and APN 048 23141 contains the front yard and a portion of Newport Bay. 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. 6. Orientation and access to the parcel would remain from East Bay Avenue. Thus, the resulting lot configuration will not change the existing pattern of development in the area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves LM2018-006 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 or call for review is filed with the Director of Community Development in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF APRIL, 2019. Patrick J. Alford, Zoning Administrator 01-25-19 10 Zoning Administrator Resolution No. ZA2019-### Paae 6 of 6 *A,:11:1 I19V-1V CONDITIONS OF APPROVAL PLANNING The development shall be in substantial conformance with the approved exhibits, 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. A copy of the recorded document shall be provided to the City. 6. Revisions to the approved exhibits may require the approval of a new lot merger. 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 of the Newport Beach Municipal Code. 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 the City's approval of Argent LLC Lot Merger including, but not limited to, Lot Merger No. LM2018- 006 (PA2018-261). 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. 01-25-19 Attachment No. ZA 2 Vicinity Map z2 VICINITY MAP Lot Merger No. LM2018-006 PA2018-261 1601 East Bay Avenue sS Attachment No. ZA 3 Project Plans 24 EXHIBIT "A" CITY OF NEWPORT BEACH LOT MERGER NO. LM 2.018 - 0 0 6 OWNER ARGENT, LLC ARGENT, LLC PARCEL 1: LEGAL DESCRIPTION LISTING PARCEL AP NUMBER 048-231-40 - 048-231-41 REFERENCE NL PARCEL 1 PARCEL 1 PARCEL 1 OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. 2004-003 RECORDED JANUARY 13. 2006 AS INSTRUMENT NO 2006-30912, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY TOGETHER WITH LOTS 1 AND 2, BLOCK P OF BAY FRONT SECTION OF BALBOA TRACT, PER MAP FILED IN BOOK 6 PAGE 15 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ORANGE COUNTY. EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF UNITED STATES GOVERNMENT BULKHEAD LINE BETWEEN STATIONS 109 AND 110 AS SHOWN ON THE "MAP OF NEWPORT BAY, CALIFORNIA. SHOWING HARBOR LINES" APPROVED JANUARY 18, 1917 BY WILLIAM M. INGRAHAM, ASSISTANT SECRETARY OF WAR. ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING BELOW THE LINE OF MEAM HIGH TIDE OF THE PACIFIC OCEAN IN NEWPORT BAY. AND THAT PORTION OF BAY AVENUE, SHOWN ON THE MAP OF BAY FRONT SECTION OF THE BALBOA TRACT FILED IN BOOK 6 PAGE 15 OF MISCELLANEOUS MAPS, AND SHOWN ON THE MAP OF EAST SIDE ADDITION TO THE BALBOA TRACT FILED IN BOOK 4, PAGE 200 OF MISCELLANEOUS MAPS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE, THAT WOULD PASS BY OPERATION OF LAW WITH A CONVEYANCE OF LOTS 1 AND 2 IN BLOCK P OF SAID BAY FRONT SECTION, AND LOTS i AND 2, BLOCK 25 OF SAID EAST SIDE ADDITION. PREPARED BY: DUCA—McCO� Y INC 384© . 2466 E. COACT HWY. ORNA DEL MAR, CA 92625 t;;., �2!•t� 9490} 675-4487'-- , PETE J. D CA R.C.E. 24668 DATE F:IU$eratCDDIShareciWdmnlPlanning—a'ASianlApplot,on$%LABLMIinfo LA_LM_Rev„ 040218.docx UPdated 4104118 115 F:1UserstCDDt$haredtAdmrnU)Iammng DiOsionVAppliea6onstLA&LMUnfo_LA—LM_Rev_040218,doex Updated VN 18 �0 EXHIBIT "B" CITY OF NEWPORT BEACH LOT MERGER NO. LM Z a 1 MAP OWNER OWNER OWNER ARGENT, LLC 048-231-40 PARCEL 1 ARGENT, LLC 048-231-44 PARCEL 1 LOT 3 N00.00'00'E ' 181,35" LOT 3 I5, 173.37' �(7.98'> (30.26') (54.09') 97.00' (97') t l cs a LOT 2 C _ (53.601) ` w r �� ` 5 (3,49')` (50.11') � ,Q BAY AVE, �Sl� I ABANDONED 0 'u Q b 1 PARCEL 1 o 8� w Li z , L❑T 1 �i (301) `z J Z z zi� 0^ W �- ' N00.00'00'E 'eAQ# 173,37" Q Z U4 I m v'W 2m" ----w.- I t— — — —— — — H STREET C,L, on LEGEND OF SYMBOLS o Z BOUNDARY OF NEW PARCEL 1 PARCEL AREA PER THIS LOT LINE ADJUSTMENT PARCEL No. AREA EXIST. LOT LINE TO BE PARCEL 1 10,402.20 S.F. SCALE a 1' = 30' REMOVED — — — EXIST. LOT LINE O INDICATES RECORD DATA�`� PREPARED BY: PER M.M. 4/20 AND M.M. 6/15 1 DUCA—McCOY INC. 3840 E. COACT HWY.° OR NA DEL MAR, CA 92625 No, 24"8 (949) 675-4487 :'-:',. '` g` PETE J. DUCK—RCE. 24668 DATE` ,: 4mcivg� F:1UserstCDDt$haredtAdmrnU)Iammng DiOsionVAppliea6onstLA&LMUnfo_LA—LM_Rev_040218,doex Updated VN 18 �0 EXHIBIT "C" CITY OF NEWPORT BEACH LOT MERGER NO. LM .2 01 SITE PLAN ARGENT LLC 848-231-40 PARCEL 1 ARGENT, LLC 048-231-41 i PARCEL 1 l I ti `I LCT 3 j Noa•oa'oo'E 1 LCT 3 IB1,35' 173,37 (54,09' 97') GG M� g , LOT 2 ,.i 431`5 EXISTING e, F HDUSE (3.491) 1 l ` Q 1s'611) satin i BAY AVE. 1•� : �C% 1 ' 4 ^I ABAND0NEDjt:. ��OQ cv PARCEL I. Li z j LCT 1 a NDO'00'00•E 173.37„ rxw i �I H ^ STREET C,L, T 15.0o Ifl LEGEND OF �Y11FIM q BOUNDARY OF NEW PARCEL 1 PARCEL AREA PER THIS LOT LINE ADJUSTMENT PARCEL No. H EXIST. LOT LINE TO BE PARCEL 1 10,402.20 SCALE 11 = 30' REMOVED — — — EXIST. LOT LINE PREPARED BY: C) INDICATES RECORD DATA PER M.M. 4/20 AND M.M. 6/15 DUCA—MoCOY INC 3840 E. COAT HWY. CORONA DEL MAR, CA 92625' 949) 675-4487 No, 4iit$ PETE J. DUC R.C.E. 24668 DATE F:lUserslcDDlShare"dmm+Piannnp UiNai0nbAPPI 4tionsVLA&LMllntp_LA_ M_Rev_040718.dopc Updated 4104118. II S.F. 27 Zoning Administrator - April 25, 2019 Item No. 2a - ADDITIONAL MATERIALS RECEIVED Argent LLC Lot Merger (PA2018-261) From: Westmoreland, Liz To: Lee. Amanda Cc: Alford, Patrick Subject: FW: Comment on ZA Item 2 (PA2018-261) Date: Thursday, April 25, 2019 11:52:51 AM Attachments: 2019Apr25 ZA Item 2 Comments JimMosher.pdf From: Jim Mosher <jimmosher@yahoo.com> Sent: Thursday, April 25, 2019 11:52 AM To: Alford, Patrick <PAlford@newportbeachca.gov> Cc: Westmoreland, Liz<LWestmoreland@newportbeachca.gov> Subject: Comment on ZA Item 2 (PA2018-261) Dear Zoning Administrator Alford, I do not expect to be able to attend today's Zoning Administrator meeting, as it is scheduled at the same hour as the City's Finance Committee meeting. In lieu of attending, I have attached some written comments which I hope you will consider in connection with hearing Item 2, the proposed lot merger of APN 048 231 40 and 048 231 41 at 1601 East Bay Avenue. I have not had time to review the draft minutes from the previous meeting. Yours sincerely, Jim Mosher Zoning Administrator - April 25, 2019 Item No. 2a - ADDITIONAL MATERIALS RECEIVED Argent LLC Lot Merger (PA2018-261) April 25, 2019, Zoning Administrator Agenda Comments Comments submitted by: Jim Mosher (jimmosher(a�yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 2. Argent LLC Lot Merger No. LM2018-006 (PA2018-261) Section 1.4 of the proposed resolution (handwritten page 6) says: "The lot merger would not result in a change in intensity or density of the project site, because the underlying legal Lots 1 and 2 of Block P cannot be developed separately with any dwelling units." a. That statement is contradicted by the City's Zoning Map, which shows APN 048 231 41 as a separate R-1 parcel, and the City's GIS mapping which shows it having its own set of four setbacks, identical to and just like those for APN 048 231 40. b. It is not evident why it "cannot be developed separately with any dwelling units." Indeed, the purpose of the lot merger request appears to be to remove the lot line separating the two parcels so structures can be built across it. 2. Section 1.4 continues to say: "Additionally, the potential building size would not be altered with the approval of the lot merger, since the setbacks and associated buildable area would remain the same." a. My impression is that when the line separately to lots is removed, the setbacks that were associated with it disappear as well. b. I can find nothing in the resolution providing any assurance that setbacks will continue to be measured from a line that no longer exists. 3. Section 1.4 ends by saying: "Therefore, a coastal development permit is not required." a. I do not at all agree with that conclusion. b. First, I do not agree that the merger does not change the intensity or density of the site. i. It appears to allow more development than would be possible without it, meaning it has the potential to increase the intensity of use. It replaces two existing R-1 parcels with an allowable density of 7.4 to 7.8 dwelling units per acre to a single R-1 parcel with an allowable density 3.8 dwelling units per acre. iii. Not only is this a decrease of density, but it creates a lot inconsistent with the RSD -B designation in the Coastal Land Use Plan, which promises a density in the ranges 6.0 to 9.9 dwelling units per acre. c. Even if the merger created no change in intensity or density, I do not believe that would remove it from the definition of "development" under the Coastal Act or exempt it from the requirement for a Coastal Development Permit. California Supreme Court Justice Kennard made exactly this argument that the absence of a change in intensity or density exempts projects from CDP Zoning Administrator - April 25, 2019 Item No. 2a - ADDITIONAL MATERIALS RECEIVED Argent LLC Lot Merger (PA2018-261) April 25, 2019, Zoning Administrator agenda comments - Jim Mosher Page 2 of 7 requirements in Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles, 55 CalAth 783 (2012). ii. The other six justices rejected it, as do I. 4. Without mentioning "Division 6," the reference in Section 2.1 to Chapter 3 of Title 14 of the California Code of Regulations is not particularly helpful, since Title 14 has many Chapter 3's. 5. Section 2.2 ends by saying of the CEQA Class 15 exemption: "This exemption includes a minor lot merger not resulting in the creation of any new parcel that complies with the conditions specified above." a. That statement is deceptive. b. The sentences that precede the one copied above are an exact quote of the Class 15 exemption. But the final sentence (quoted above) is not in it all. Class 15 says nothing about lot mergers, minor or major, unless one asserts mergers are a species of "division of land" (in which case it absolutely needs a CDP from the clear language of the Coastal Act). 6. Section 3.A.1 says: "The requested lot merger is proposed to clean up the underlying legal lot configuration under one ownership to mirror similar properties in the area and allow future construction over underlying legal lot lines. Lot 1 and Lot 2 of Block P do not currently allow for independent residential development and the functionality of these lots would not change with the merger. All of these lots have historically been utilized as a single building site." a. While it is true the City's records include a 1998 "Covenant and Agreement to Hold Property as a Single Family Dwelling Site" with the City (OR 19980563816), this was to effectively merge the two 30 -foot wide lots that comprise APN 048 231 40 (Lots 1 and Lot 2 of Block 25) into a single 60 -foot wide lot, allowing the present home to be built across them. i. Beyond the Covenant, it is unclear from the resolution if Lots 1 and Lot 2 of Block 25 were ever formally merged, or if that is part of the present "clean UP." However, this seems to have been accomplished by a Lot Line Adjustment, performed by the same surveyor, in 2006 (OR 2006000030912) — and likely also undertaken without benefit of a CDP. b. The resolution provides no history of why, unlike the neighboring lots, the abandoned right-of-way plus Lots 1 and Lot 2 of Block P were retained as the separate parcel APN 048 231 41, or that there was any intention, at the time, to utilize the two parcels that are the subject of the present merger request "as a single building site." c. To the contrary, rather than planning to use "all of these lots" as a single site, someone appears to have gone to some lengths to preserve them in a form allowing development of two separate sites. Zoning Administrator - April 25, 2019 Item No. 2a - ADDITIONAL MATERIALS RECEIVED Argent LLC Lot Merger (PA2018-261) April 25, 2019, Zoning Administrator agenda comments - Jim Mosher Page 3 of 7 d. It might further be noted that the abandonment of public access to the originally planned Bay Avenue overlooking open -space lots along the bay (similar to what is now the "boardwalk" on the ocean side of the Peninsula) — leading to the privatization of the bayside waterfront and the loss of public enjoyment of it, is precisely what the Coastal Act was intended to roll back and prevent in the future. Sadly, Buena Vista and Edgewater (near Bay Island), and the tiny strip of public beach between 9th and 10th Streets, are the only remnants where something approaching the original concept of publicly -enjoyable open space can be seen. At least part of the abandonment of public right-of-way in this area was apparently accomplished by City Council Resolution No. 4598 in 1957, some 15 years before the voter initiative leading to the Coastal Act (the City's Laserfiche archive currently returns an error message when one attempts to open Resolution No. 4598). ii. It seems unlikely it would have been allowed had the Act been in effect at the time. 7. Section 3.A.2 says: "The lot merger is consistent with the purpose and intent of Title 19 (Subdivisions)." a. NBMC Sec. 19.04.020 (Purpose and Applicability) lists seven purposes for Title 19. b. The above statement reaches a conclusion without providing any evidence the proposed action furthers any of them. 8. Section 3.C.2 concludes by saying: "the merger is consistent with the land use designations of the General Plan and Coastal Land Use Plan." a. As indicated above, the merger is not consistent with the land use designations CLUP. b. It takes two parcels that are within the promised density range and creates a single parcel that is distinctly outside that range. 9. Section 3.C.4 says: "The proposed merger would result in a 10, 641 -square -foot parcel." a. The City's generally very accurate GIS system (see comment 1.a, above) lists the area of APN 048 231 40 as 5,580 sf and that of APN 048 231 41 as 5,874 sf for a total of 11,454 square feet. b. The discrepancy appears to arise because the GIS system places the US Government Bulkhead Line (running between Stations 109 and 110) 190.91 feet bayward of the East Bay Avenue property line. c. Attachment No. ZA 3 (staff report page 16) gives the same dimension as 173.37 feet, a discrepancy of 17.54 feet. d. It might be noted that in Parcel Map 2013-167 for 1507 East Bay Avenue recorded in 2015 (PM 381 25-26) gives what would appear to the same dimension (East Bay Avenue to Government Bulkhead Line) in the neighboring block as 195.91 feet. It also shows different bearings for the lot and bulkhead lines (they do not run perfectly north -south and east -west as the present map claims to show). And a Parcel Map Zoning Administrator - April 25, 2019 Item No. 2a - ADDITIONAL MATERIALS RECEIVED Argent LLC Lot Merger (PA2018-261) April 25, 2019, Zoning Administrator agenda comments - Jim Mosher Page 4 of 7 for 1513 East Bay Avenue dating from 1974 (PM 065 32) shows the lot extending bayward not to the bulkhead line but to the "Government Survey"PMeander Line" of the original 1905 and 1909 tract maps (see attachments at end of this document). The OC Treasurer -Tax Collector shows what looks like a distance of about 185 feet for the combined depth of APN 048 231 40 and APN 048 231 41 (and other lots in the area). e. In approving the present item, it would appear the Zoning Administrator would be sanctioning the recording of maps inconsistent with the City's own records and with other maps depicting lots in the area. 10. Section 3. E.1 says: "All of the nearby waterfront properties have similar lot depths as the proposed project, with approximately 173 -foot lot depths." a. As indicated above, this does not agree with the City's records, which show all but this one to be 190.91 feet deep, or with the cited parcel maps which show depths differing from the City's records. 11. Section 3.E.3 says: "the front setback and associated buildable area will continue to be measured from the abandoned right-of-way line regardless of the proposed lot merger." a. As noted above, no basis for this assumption is provided. b. Wouldn't this have to be included as a condition of approval and perhaps stated on the map? 12. Section 3. E.6 says: "access to the parcel would remain from East Bay Avenue." a. Since this is a corner lot, isn't there also access from H Street? 13. Section 4.2 says: "This action shall become final and effective 10 days after the adoption of this Resolution". a. As stated above, I believe this action requires Coastal Act scrutiny through a Coastal Development Permit, which would have a different appeal period (and, in the interest of efficiency, should probably have been included with the CDP (CD2018-063) approved by the Zoning Administrator on September 27, 2018). 14. Condition 6 of Exhibit A says: "Revisions to the approved exhibits may require the approval of a new lot merger." a. The item should probably be continued so the discrepancy between the lot depth shown on staff report page 13 and that depicted on the proposed maps shown on page 16 and 17 can be resolved (as well as the bearings and stated lot area). 15. Finally, it might be noted that APN 048 231 41 is likely to be wholly or in part in the area of original permit jurisdiction of the California Coastal Commission. Zoning Administrator - April 25, 2019 Item No. 2a - ADDITIONAL MATERIALS RECEIVED Argent LLC Lot Merger (PA2018-261) April 25, 2019, Zoning Administrator agenda comments - Jim Mosher Page 5 of 7 Detail from City of Newport Beach GIS of APN 048 231 40 & APN 048 231 41, including setback information and distance from street to Bulkhead Line (dashed gold line). Dashed yellow line is Pierhead Line (which piers appear to extend beyond). Note, also, tilt of lines relative to north-south/east-west. I 'I. 4 Zoning Administrator - April 25, 2019 Item No. 2a - ADDITIONAL MATERIALS RECEIVED Argent LLC Lot Merger (PA2018-261) April 25, 2019, Zoning Administrator agenda comments - Jim Mosher Page 6 of 7 Detail from Parcel Map 2013-167 (for 1507 E Bay Ave) ignoring Bay Front Section Tract Map boundary and showing 195.91 ft distance from north edge of Bay Ave PROW to Bulkhead Line. Also note indicated rotation of lines relative to north-south/east-west. PUS'40"W 330.f00' 45.00' 30.00' ESTABLI f D PROPERTY L1NE S. W To 'ice 1` SURVEYLDW -� —F ,5 Kn 130. _ _ _ _ J_ 30 '`] (301 1 _ INST4 2013000633557 0.1- EST + PRE ft} 1 90° Sul Zoning Administrator - April 25, 2019 Item No. 2a - ADDITIONAL MATERIALS RECEIVED Argent LLC Lot Merger (PA2018-261) April 25, 2019, Zoning Administrator agenda comments - Jim Mosher Page 7 of 7 Detail from 1974 Parcel Map for 1513 E Bay Ave, placing US Harbor Bulkhead Line 310.9 ft from centerline of Balboa Blvd, and setting bayward edge of private parcel at Bay Front Section tract map line, rather than bulkhead line z3A Y arest .y.�R�aa euzsr�ypuo X1105 � crc�r sa F'��vz �82' E5 A¢ Pcs7eX, yp7W a ar � X �"`tl�iN�9N f:f�fT LrYF yf'�J AV 41 III i � ej, 1 44 4Z)