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HomeMy WebLinkAbout02_Santiago Lot Merger_PA2019-187 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT = December 12, 2019 cq�/coaNP Agenda Item No. 2 SUBJECT: Santiago Lot Merger (PA2019-187) • Lot Merger No. LM2019-003 SITE LOCATION: 2309, 2311 and 2321 Santiago Drive APPLICANT: David B Smith Architect PLANNER: Melinda Whelan, Assistant Planner 949-644-3221 or mwhelan@newportbeachca.gov LAND USE AND ZONING • General Plan Land Use Plan Category: RSD (Single-Unit Residential) • Zoning District : R-1-10,000 (Single-Unit Residential) PROJECT SUMMARY A lot merger application and request to waive the parcel map requirement for three properites, under common ownership. The merger would combine the three 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) 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 No. LM2019-003 (Attachment No. ZA 1). 1 Santiago Lot Merger (PA2019-187) Zoning Administrator, December 12, 2019 Page 2 DISCUSSION • The three abutting lots are located at 2309, 2311 and 2321 Santiago Drive. Currently, each lot can be developed as separate building sites; however, the lots have historically been utilized as one, single-family development. The single-family development was demolished in 2016, including a detached garage. Accessory structures remain including a tennis court, pool, sauna and playhouse. • The purpose of the lot merger is to merge the parcels into one parcel to allow for a future single-unit residence to be built over the existing lot lines. • All construction will be required to comply with the Zoning Code standards, including parking and setback requirements. • Section 20.18.030 of the Zoning Code establishes minimum lot area and width requirements. The proposed merger would result in a 76,600-square-foot parcel that is in conformance to the minimum 10,000-square-foot lot area standard of the Zoning Code. Additionally, the proposed merger would result in a lot width of approximately 264 feet, meeting the minimum 90-foot lot width standard of the Zoning Code. • Properties within the neighborhood consist of varying shapes and sizes, including several oversized lots along this block. Properties on the block fronting the northeasterly side of Santiago Drive are zoned Single-Unit Residential (R-1) and consist of lots sizes ranging from 8,801 square feet to 36,041 square feet. Properties on the block fronting the southeasterly side of Santiago Drove are zoned R-1-10,000 and consist of lot sizes ranging from 9,011 square feet to 62,000 square feet (sf). • Although the proposed lot merger will result in a larger lot, it will not create an excessively large lot in comparison to many of the existing lots in the area. There are many existing lots in the surrounding neighborhood that are similar to the proposed lot area such as 2401 and 2411 Santiago Drive which is used as one single-family development (62,000 sf), 2425 Santiago Drive (47,276 sf) and 2400 Santiago Drive (36,041 sf), among others. • Existing property widths along Santiago Drive consist of large variations. The larger lots range from 121 feet to 158 feet wide. 2401 and 2411 Santiago Drive has a total width of 234 feet being utilized as one single-family development. The depths of the larger lots are all within the range of 288 feet to 300 feet. The proposed lot merger would result in a lot width of 264 feet and an average lot depth of 295 feet. • Legal access to the site is provided from Santiago Drive, and will remain unchanged. TmpIC.07/25/19 Santiago Lot Merger (PA2019-187) Zoning Administrator, December 12, 2019 Page 3 • As demonstrated in the attached draft resolution, the proposed merger meets the requirements of Title 19 (Subdivisions). 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 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 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. Prepared by: Melinda Whelan Assistant Planner JM/msw Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Exhibits Tmp1C.07/25/19 Attachment No. ZA 1 Draft Resolution 4 RESOLUTION NO. ZA2019-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER LM2019-003 AND A WAIVER OF THE PARCEL MAP REQUIREMENT FOR A LOT MERGER LOCATED AT 2309, 2311 AND 2321 SANTIAGO DRIVE (PA2019-187) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by David B. Smith Architect, with respect to property located at 2309, 2311, and 2321 Santiago Drive. 2309 Santiago Drive is legally described as Parcel 2 of Lot Line Adjustment No. LA2006-011. 2321 Santiago Drive is legally described as Parcel 1 of Lot Line Adjustment No. LA2006-011. 2311 Santiago Drive is legally described as Parcel 1 of Resub 0551. 2. The applicant proposes a lot merger and requests to waive the parcel map requirement for three 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- 10,000) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on December 12, 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. 1. 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. 2. 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 5 Zoning Administrator Resolution No. ZA2019-### Page 2 of 6 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 19.08.030 (Waiver of Parcel Map Requirement)and 19.68.030 (Lot Mergers) 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: 1. The lot merger to combine three existing legal lots by removing the interior lot lines between the lots 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. The 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. Fact in Support of Finding: 1. The three lots to be merged are under common fee ownership and are conditioned to remain under common fee ownership prior to recordation of the lot merger. 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. 01-25-19 Zoning Administrator Resolution No. ZA2019-### Page 3 of 6 Facts in Support of Finding: 1. The merged lots will retain the Single-Unit Residential (R-1-10,000) zoning designation, consistent with the surrounding area. The R-1-10,000 Zoning District is intended to provide for areas appropriate for a detached single-family residential dwelling unit located on a single lot with larger lot areas. 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. 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 76,600-square-foot parcel that is in conformance to the minimum 10,000-square-foot lot area standard of the Zoning Code. Additionally, the proposed merger would result in a lot width of approximately 264 feet, meeting the minimum 90-foot 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. Fact in Support of Finding: 1. No adjoining parcels will be deprived of legal access as a result of the merger. Legal access is provided from Santiago Drive. Finding: E. The lots as merged will be consistent with the surrounding pattern of development and will not create an excessively large lot that is not compatible with the surrounding development. Facts in Support of Finding: 1 . Properties within the neighborhood consist of varying shapes and sizes, including several oversized lots along this block. Properties on the block fronting the northeasterly side of Santiago Drive are zoned Single-Unit Residential (R-1) and consist of lots sizes ranging from 8,801 square feet to 36,041 square feet. Properties on the block fronting the southeasterly side of Santiago Drove are zoned R-1-10,000 and consist of lot sizes ranging from 9,011 square feet to 62,000 square feet (sf). 2. Although the proposed lot merger will result in a larger lot, it will not create an excessively large lot in comparison to many of the existing lots in the area. There are many existing lots in the surrounding neighborhood that are similar to the proposed lot area such as 2401 and 2411 Santiago Drive which is used as one single-family 01-25-19 Zoning Administrator Resolution No. ZA2019-### Page 4 of 6 development (62,000 sf), 2425 Santiago Drive (47,276 sf) and 2400 Santiago Drive (36,041 sf), among others. 3. The proposed lot width is approximately 264 feet, which will not create an excessively wide lot in comparison to other existing lots in the area. The larger lots range from 121 feet to 158 feet wide. 2401 and 2411 Santiago Drive has a total width of 234 feet being utilized as one single-family development. The depths of the larger lots are all within the range of 288 feet to 300 feet. The proposed lot merger would result in a lot width of 264 feet and an average lot depth of 295 feet. 4. The resulting lot configuration will not change the existing pattern of development since the orientation and access to the parcel would remain from Santiago Drive. 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 lines, 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 Title 19, General Plan, and Coastal Land Use Plan. 2. The subject property is not subject to a Specific Plan. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15315, under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No. LM2019-003, subject to the conditions set forth in Exhibit"A,"which is attached hereto and incorporated by reference. 3. 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 01-25-19 8 Zoning Administrator Resolution No. ZA2019-### Page 5 of 6 Community Development in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 12th DAY OF DECEMBER, 2019. James Campbell, Zoning Administrator 01-25-19 9 Zoning Administrator Resolution No. ZA2019-### Page 6 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The map shall be submitted to the Public Works Department for Final Map Review and Approval. All applicable fees shall be paid. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Prior to recordation of the lot merger, the three lots shall be held entirely under one common fee ownership. 4. Lot Merger No. LM2019-003 shall expire unless exercised within twenty-four (24) months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 5. 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 Santiago Lot Merger including, but not limited to, Lot Merger No. LM2019- 003 (PA2019-187). 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 10 Attachment No. ZA 2 Vicinity Map 11 VICINITY MAP d � f, ^J 2321 Santiago Drive �yJ Subject Property 2309 Santiago Drive Subject Property 0 / t y ti 2311 Santiago Drive (g Subject Property I■ 5 N , •� Al C rya Lot Merger No. LM2019-003 PA2019-187 2309, 2311 and 2321 Santiago Drive Attachment No. ZA 3 Lot Merger Exhibits 2s Recording Requested by and Mail to: City of Newport Beach Public Works Dept Attn: Subdivision 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 This Space for Recorder's Use Only Lot Line Adjustment/Lot Merger Address(es) or Property Involved: 2309, 2311 &2321 Santiago Drive, Newport Beach, CA 92660 Owner(s) Affidavit +(We) hereby certify under penalty of perjury that 1)4-afi+ (we are) the record owner(s) of all parcels proposed for adjustment by this application, 2)+(We) have knowledge of and consent to the filing of this application, 3) the information submitted in connection with this application is true and correct; and 4)+(We) consent to the recordation of these documents. RECORD OWNERS: Parcel 1 NAME: Patrick M. Tenore, Jr. &Jody Di Cesare Tenore, as Trustees of the Neste Trust established February 4, 2014 Signature of parcel owner Signature of parcel owner Parcel NAME: Signature of parcel owner Signature of parcel owner Parcel NAME: Signature of parcel owner Signature of parcel owner Parcel NAME: Signature of parcel owner Signature of parcel owner NOTE: Each of these signatures must be notarized, using the appropriate Jurat attached and completed by a Notary Public. Approved for Recording CITY OF NEWPORT BEACH City Engineer: Date: F.\Users\CDD\Shared\Admin\Planning_Division\Application M\Info.docx pdated 8/21/13 APPLICATION FOR CITY OF NEWPORT BEACH LOT MERGER No. LM2019-003 RECORD OWNER'S ACKNOWLEDGEMENT: STATE OF CALIFORNIA 1 S.S. COUNTY OF ORANGE ) On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. This area for official notarial seal Signature My Commission Expires: Notary Name: Notary Phone: Notary Registration Number: County of Principal Place of Business: 15 EXHIBIT IAA SHEET 1 OF 1 CITY OF NEWPORT BEACH LOT MERGER No. LM 2019-003 (Legal Description) Owners Existing Parcels Proposed Parcels AP Number Reference Number PATRICK M. TENORE, JR. AND JODY DI CESARE 426-013-13 TENORE, AS TRUSTEES OF THE NESTA TRUST 426-013-14 PARCEL 1 ESTABLISHED FEBRUARY 4, 2014 426-013-15 PARCEL1: In the City of Newport Beach, County of Orange, State of California, being all of Parcels 1 and 2 of Lot Line Adjustment No. LA 2006-011 recorded November 10, 2006 as Instrument Number 2006000761057 of Official Records of said Orange County, TOGETHER WITH all of Parcel 1, as shown on a map filed in Book 108, Pages 43 and 44 of Parcel Maps, in the Office of the County Recorder of said Orange County. The above described parcel contains 1.789 Acres, more or less. All as shown on Exhibit'B' attached hereto and by this reference made a part hereof. LAND SG�LF VIKTOR P. p * MEUM * PREPARED BY ME OR UNDER MY DIRECTION ON: / - I -ZO/ N No. 8682 9TF OF CA1.0F��� VIKTOR P. MEUM LS 8682 JN 15605 EXHIBIT 'B SHEET 1 OF 1 CITY OF NEWPORT BEACH LOT MERGER No. LM 2019-003 (Map) Owners Existing Parcels Proposed Parcels AP Number Reference Number PATRICK M. TENORE, JR. AND JODY DI CESARE 426-013-13 TENORE, AS TRUSTEES OF THE NESTA TRUST 426-013-14 PARCEL 1 ESTABLISHED FEBRUARY 4, 2014 426-013-15 50.0 SANTIAGO DRIVE /q0 0 _ N 50'00'20" W _ (FORMERLY 22NO STREET) 1( 1320.78' 660.39' 264.00' 396.39' N 50'00'20" W N 50'00'20" W 132.00 132.00' — N 39 Q90 SCALE: 1"=80' Q�� I QpQ o PARCEL 1 d w 1.789 ACRES N w W R, g w Q° W Q @y ovQQ ��° a > O V) o a a c> > o �� I p°G�°D" 903f�S33^4GS 0] I N 50'00'20" W 264,00' 4G�LL1G�4 C�c, �fl�� I I WINDWARD LANE VA- LEGEND: �a LAND EXISTING LOT LINE TO REMAIN VIKTOR P. p. — — — — EXISTING LOT LINE TO BE REMOVED * MEUM 7*� PREPARED BY ME OR UNDER MY No. 8682 /DIRECTION ON: - 10� ff:_l 9 N� ��� Y Gi9� T� OF CA01O� VIKTOR P. MEUM 8682 N 15605 EXHIBIT 'C' SHEET 1 OF 1 CITY OF NEWPORT BEACH LOT MERGER No. LM 2019-003 (Site Plan) Owners Existing Parcels Proposed Parcels AP Number Reference Number PATRICK M. TENORE, JR. AND JODY DI CESARE 426-013-13 TENORE, AS TRUSTEES OF THE NESTA TRUST 426-013-14 PARCEL 1 ESTABLISHED FEBRUARY 4, 2014 426-013-15 (500 SANTIAGO DRIVE 40 0' — (FORMERLY 22ND STREET) I - III �.o'©�\\\I I SCALE: 1"=80' III II III 7I ` 5O'Q II II I PARCEL 1 II II I I w 1 .789 ACRESIIIII Z Existing-. LU Pool III .0 B i I i 15.0' F❑ w a Existing 0 A❑ II I a Z Suana Ld I N —III--2.0'❑E Z LEGEND: EXISTING LOT LINE TO REMAIN II I — — — — EXISTING EASEMENT LINE Existing I I Tennis Court I A 6'WIDE EASEMENT FOR ELECTRICAL I Existing A❑ PURPOSES IN FAVOR OF SOUTHERN Building — CALIFORNIA EDISON COMPANY, I RECORDED NOVEMBER 13, 1965 IN BOOK 3710,PAGE 532 O.R. A F WIDE EASEMENT FOR ELECTRICAL PURPOSES IN FAVOR OF SOUTHERN CALIFORNIA B EDISON COMPANY, RECORDED APRIL 3, 1998 AS A 6'WIDE EASEMENT FOR ELECTRICAL PURPOSES IN FAVOR OF SOUTHERN CALIFORNIA C EDISON COMPANY, RECORDED APRIL 5, 1999 AS INSTRUMENT NO. 19990246993 O.R. A 15'WIDE EASEMENT IN FAVOR OF SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA, D RECORDED IN BOOK 3717, PAGE 232 O.R. A 2'WIDE EASEMENT FOR ELECTRICAL PURPOSES IN FAVOR OF SOUTHERN CALIFORNIA I EDISON COMPANY,RECORDED APRIL 13, 1950 IN BOOK 2000,PAGE 327 O.R. A 15'WIDE EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES PER P.M.B.. 108/44 — WINDWARD LANE LAND SG�LF u VIKTOR P. p * MEUM * PREPARED BY ME OR UNDER MY DIRECTION ON: N,A No. 8682 lF OF CA\, VIKTOR P. MEUM 8682 JN 15605 User Name: jdouglas Date: 09-25-15 Project: 15605 Lot Merger Time: 12:14;06 Create Mapcheck Reports Page: 1 Lot Name: 1st Submittal Lot Description: Parcel 1 Lot Area (Square Feet): 77922 Lot Area (Acres): 1 .789 Lot Perimeter: ii28,32 Closing Direction: N90000100"E Closing Distance: 0.0000 Course Data: (Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 10780,8420 9793,0074 839059140"W 300.16 10560.8874 9600.1506 S50000'20"E 264.00 10381 .2111 9802.4028 N39059140"E 290. 16 10603.5046 9988,8926 N50000120"W 132.00 10688.3428 9887,7664 N39059'40"E 10.00 10696,0038 9894,1935 N50000120"W 132.00 End 10780.8420 9793.0674 Error of Closure 1 : 0 Departure in Y (Northing) : 0.0000 Departure in X (Easting) : -0,0000 L LAN4) s �pFL P. off of o �ID-x9 l� goo ° /NO. 86 �82 T�TFOF CALIFO�� 2J