HomeMy WebLinkAbout09_Bragg Lot Merger and CDP_PA2019-250-CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 16, 2020
Agenda Item No. 9
SUBJECT: Bragg Lot Merger (PA2019-250)
Coastal Development Permit No. CD2019-068
Lot Merger No. LM2019-006
SITE LOCATION: 107 and 109 Via Yella
APPLICANT: William Guidero
OWNER: Scott and Stephanie Bragg
PLANNER: Chelsea Crager, Associate Planner
949-644-3227 or ccrager@newportbeachca.gov
LAND USE AND ZONING
Zone: R-1 (Single-Unit Residential)
General Plan: RS-D (Single-Unit Residential Detached)
Coastal Land Use Category: RSD-C (Single Unit Residential Detached) - (10.0 -
19.9 DU/AC)
Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A request for a lot merger and waiver of the parcel map requirement to allow two lots under
common ownership to be combined into a single parcel for future development purposes.
Due to the proposed reduction in density at the project site, a Coastal Development Permit
(CDP) is required pursuant to Title 21 Local Coastal Program Implementation Plan of the
Municipal Code.
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-
006 and Coastal Development Permit No. CD2019-068 (Attachment No. ZA 1).
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DISCUSSION
An application was filed by William Guidero, with respect to property located at 107
and 109 Via Yella. The properties are legally described as Lots 387 and 388 of Tract
907. The property is currently developed with two single-family residences, each
occupying one lot.
The purpose of the lot merger is to legally merge the two lots into one parcel to allow
for future development purposes. Both lots are currently under common ownership.
Any future construction will be required to comply with the Newport Beach Municipal
Code (NBMC) Planning and Zoning (Title 20) and Local Coastal Program
Implementaton Plan (Title 21) development standards, including parking and setback
requirements. A condition of approval is included in the draft resolution requiring any
development to remain must be modified as necessary to comply with NBMC
Planning and Zoning and Local Coastal Program Implementaton Plan development
standards, including parking and setback requirements.
The lot merger will result in the reduction of one housing unit on the subject
property, and is therefore subject to a Coastal Development Permit. The lot merger
application was deemed complete and Categorical Exclusion Order No.
CEO2019084 was issued on December 11, 2019, for the demolition of one existing
residence at 109 Via Yella. The property is therefore not subject to the provisions
of Senate Bill 330, which became effective on January 1, 2020.
NBMC Sections 20.18.030 and 21.18.030 (Residential Districts General
Development Standards) establish minimum lot area and width requirements. The
existing lots do not meet the minimum 50-foot width and 5,000-square-foot area
requirement, as each existing lot is approximately 30 feet wide with an area of
approximately 2,640 square feet. The proposed lot merger would result in one
approximately 60-foot wide by 88-foot deep parcel with an area of 5,284 square feet.
The new lot would conform to the minimum requirements identified in the NBMC.
Lot sizes along Via Yella and within the surrounding neighborhood vary. The
proposed lot merger will create a parcel similar in size to several other properties
in the vicinity and neighborhood, including 222 Via Orvieto (5,280 square feet),
132 Via Undine (4,620 square feet) and 215 Via San Remo (6,600 square feet).
The proposed parcel will be larger than some sites in the vicinity, which are
nonconforming to current dimensional and area standards.
The property will remain oriented toward and take vehicular access from Via Yella.
Neither the lots being merged, nor adjoining parcels will be deprived of legal
access as a result of the merger.
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As demonstrated in the attached draft resolution, the proposed lot merger meets
the requirements of Title 19 (Subdivisions) and no deviations are requested.
The proposed lot merger conforms to Title 21 (Local Coastal Program
Implementation Plan) in the Municipal Code. The project site is located between
the nearest public road and the sea or shoreline however approval of the lot merger
application will not affect public recreation, access or views. The lot merger will
meet the required findings set forth in NBMC Section 21.52.015 F.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15315, of the State CEQA (California
Environmental Quality Act) Guidelines under 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 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 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 and
residential occupants 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 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
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Prepared by:
GBR/cc
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Lot Merger Exhibits
ZA 4 Public Comments
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Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER NO.
LM2019-006, A WAIVER OF PARCEL MAP REQUIREMENT, AND
COASTAL DEVELOPMENT PERMIT NO. CD2019-068 FOR A LOT
MERGER LOCATED AT 107 AND 109 VIA YELLA (PA2019-250)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by William Guidero, with respect to property located at 107 and
109 Via Yella, requesting approval of a lot merger and coastal development permit. The
property at 107 Via Yella is legally described as Lot 388 of Tract No. 907. The lot at 109
Via Yella is legally described as Lot 387 of Tract No. 907.
2. The applicant proposes a lot merger and requests to waive the parcel map requirement for
properties under common ownership. The applicant also requests an associated coastal
development permit for the lot merger.
3. The subject properties are designated RS-D (Single-Unit Residential Detached) by the
General Plan Land Use Element and are located within the R-1 (Single-Unit Residential
Zoning District.
4. The subject properties are located within the coastal zone. The Coastal Land Use Plan
category is Single-Unit Residential Detached – 10.0-19.9 DU/AC (RSD-C) and they are
located within the Single-Unit Residential (R-1) Coastal Zone District.
5. A public hearing was held on April 16, 2020, in the Community Room 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.
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.
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Zoning Administrator Resolution No. ZA2020-###
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SECTION 3. REQUIRED FINDINGS.
Lot Merger
In accordance with Sections 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 circ umstances 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 proposed lot merger to combine two (2) 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.
Fact in Support of Finding:
1. The two (2) 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.
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Facts in Support of Finding:
1. 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-C), which provides for density ranges from 10.0 – 19.9 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 Local Coastal
Program (LCP) Implementation Plan establish minimum lot area and width requirements.
The proposed merger would result in a 5,284-square-foot parcel that is in conformance to
the minimum 5,000-square-foot interior lot area standard of the Zoning Code. Additionally,
the proposed merger would create one (1) approximately 60-foot-wide parcel, exceeding
the minimum 50-foot interior lot width standard of the Zoning Code.
5. The existing lots do not meet the minimum width or lot area requirements of the Zoning
code, as the individual lots are approximately 30 feet wide and contain approximately 2,640
square feet. Merging the two (2) lots would create one (1) parcel that meets the minimum
requirements of the Zoning Code and LCP 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.
Fact in Support of Finding:
1. Legal access is provided from Via Yella, 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.
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.
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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.Properties in the vicinity consist of lots of varying sizes. Although the proposed lot
merger will create a larger lot, it will not create an excessively large lot in comparison to
other conforming lots in the area. Existing lots in the vicinity that have similar lot area to
the proposed lot include 222 Via Orvieto (5,280 square feet), 132 Via Undine (4,620
square feet) and 215 Via San Remo (6,600 square feet).
2.The proposed lot width is approximately 60 feet, which will not create an excessively
wide lot in comparison to other existing lots in the area. Existing lots in the vicinity with
similar lot width to the proposed lot include 222 Via Orvieto (approximately 60 feet), 132
Via Undine (approximately 52.5 feet) and 215 Via San Remo (approximately 75 feet).
3.The existing lots 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 2,640 square
feet each. Merging the two (2) lots would create one (1) parcel that meets the minimum
requirements of the Zoning Code and LCP Implementation Plan for lot width and area.
4.Orientation and access to the parcel would remain from Via Yella. Thus, resulting lot
configuration will not change the existing pattern of development in the area.
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, t he 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 utilized as a single development 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.
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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 Via Yella. The site is served by all of the
necessary public utilities.
Coastal Development Permit
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:
G. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed lot merger is for development 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 two (2) individual building sites and do not provide public access or views of the
sea or shoreline.
3. The proposed lot merger would result in one approximately 60-foot wide by 88-foot deep
parcel with an area of 5,284 square feet. The new lot would conform to the minimum lot
width and area requirements identified in NBMC 21.18.030 (Residential Coastal Zoning
Districts General Development Standards).
Finding:
H. Conforms to 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 subject site 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 the proposed conditions. Vertical access to the bay is available via
street ends throughout the neighborhood. The project will not affect the public’s ability to
gain access to, use, and/or view the coast and nearby recreational facilities.
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2.The lots are currently utilized as two (2) individual building sites and do not provide public
access or views of the sea or shoreline.
3.The project site is not located adjacent to a coastal view road or coastal viewpoint
identified by Local Coastal Program maps. The project site may be located within the
viewshed of distant public viewing areas; however, the project will allow the
development of a single-family residence that complies with all applicable Local Coastal
Program (LCP) development standards. It will also maintain a building envelope
consistent with the existing and anticipated neighborhood pattern of development.
Therefore, the project does not have the potential to degrade the visual quality of the
Coastal Zone or result in significant adverse impacts to public views. The project will not
decrease availability of on-street public parking.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15315 (Minor Land Divisions) under Class 15 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.The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No.
LM2019-006 and Coastal Development Permit No. CD2019-068 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 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.
PASSED, APPROVED, AND ADOPTED THIS 16th DAY OF APRIL, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
1. The project shall be in substantial conformance with the approved lot merger 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.
6. Prior to the recordation of the lot merger, a demolition permit for at least one (1) of the
existing single-family developments on the project site shall be issued and finaled.
7. Prior to the recordation of the lot merger, the Applicant or their representative shall
obtain, and receive final inspection for, a building permit to modify or replace the single
family development not demolished such that it maintains a conforming four-foot side
setback.
8. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
9. 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.
10. 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 20 Planning and Zoning of the Newport Beach
Municipal Code.
11. 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 Bragg Lot Merger including, but not limited to, Lot Merger No. LM2019-006
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and Coastal Development Permit No. CD2019-068 (PA2019-250). This indemnification
shall include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim, action, causes
of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating
or bringing such proceeding. The applicant shall indemnify the City for all of City's costs,
attorneys' fees, and damages which City incurs in enforcing the indemnification provisions
set forth in this condition. The applicant shall pay to the City upon demand any amount
owed to the City pursuant to the indemnification requirements prescribed in this condition.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Lot Merger No. LM2019-006
Coastal Development Permit No. CD2019-068
PA2019-250
107 and 109 Via Yella
Subject Properties
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Attachment No. ZA 3
Lot Merger Exhibits
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Attachment No. ZA 4
Public Comments
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From: Rehm, Zach@Coastal <Zach.Rehm@coastal.ca.gov>
Sent: Monday, April 06, 2020 3:55 PM
To: Crager, Chelsea; bill guidero (guiderodesign@gmail.com)
Subject: CD2019-068 and LM2019-006
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Hi Chelsea and Bill,
The Coastal Commission received a Notice of Public Hearing for the referenced application. The City
should not approve CDP for the lot merger on the basis that there are existing housing units on each lot
and the application references future development, which is undefined. The LCP includes policies for lot
consolidation in specific circumstances (generally to allow commercial development on small lots). Lot
consolidations may be approved for other projects when justified through specific findings. In this case,
the project is not defined and it does not appear the City would be able to make specific findings
justifying the lot merger. Thus the application should be withdrawn or denied.
Thanks,
--
Zach Rehm
District Supervisor, Senior Planner
California Coastal Commission
301 E. Ocean Blvd, Suite 300
Long Beach, CA 90802
(562) 590-5071
If you need to submit an appeal, an emergency application, or a PRA request please email:
SouthCoast@coastal.ca.gov
21
April 16, 2020, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660
(949-548-6229)
Item 9. Bragg Lot Merger No. LM2019-006 and Coastal Development
Permit No. CD2019-068 (PA2019-250)
The following comments are offered:
As indicated in Sections 1.4 and 3.E.2 of the proposed resolution, these properties are located in
an area with a Coastal Land Use Plan category of “Single-Unit Residential Detached (RSD-C),
which provides for density ranges from 10.0 – 19.9 dwelling units per acre.”
In considering the consistency of the proposed lot merger with the CLUP, I am unable to find any
disclosure of the overall current development density in this RSD-C (10.0 - 19.9 DU/AC) area of
Lido Isle and how the merger, allowing the combined parcels to contain at most a single dwelling,
will affect the number. Knowing that seems essential to knowing if the proposed action is
consistent with the CLUP.
In addition, the Project Summary on page 1 of the staff report acknowledges “the proposed
reduction in density at the project site,” implying density has meaning both regionally and for
individual parcels. Yet neither the report nor the proposed resolution discloses the densities on
these parcels, current or potential, before or after the proposed action. Again, it is hard to see how
consistency with the CLUP can be found without that information.
I also share the concerns about a possible approval of this CDP expressed by California Coastal
Commission District Supervisor Zach Rehm in Attachment No. ZA 4 – which do not appear to be
addressed in the staff report. First, that unless the Bragg’s plan was to develop a permanently
vacant lot at 109 Via Yella to accompany the existing home at 107 Via Yella, the development
application deemed “complete” in 2019 was not truly complete in that it did not disclose the full
extent of the planned development. And second, that the City’s Coastal Land Use Plan does not
contemplate lot consolidations other than for limited commercial purposes (specifically, in Policies
2.1.4-3 and 2.9.3-12).
Zoning Administrator - April 16, 2020
Item No. 9a Additional Materials Received
Bragg Lot Merger and CDP (PA2019-250)