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HomeMy WebLinkAboutZA2020-040 - APPROVING LOT MERGER NO. LM2019-006, A WAIVER OF PARCEL MAP REQUIREMENT, AND COASTAL DEVELOPMENT PERMIT NO. CD2019-068 FOR A LOT MERGER AND ASSOCIATED ADDITION TO A SINGLE-FAMILY RESIDENCE LOCATED AT 107 AND 109 VIA YELLA (PA2019-250)05-14-19 RESOLUTION NO. ZA2020-040 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 AND ASSOCIATED ADDITION TO A SINGLE-FAMILY RESIDENCE 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 and a 2,251-square-foot, two (2)-story addition to the existing single-family residence located at 107 Via Yella. 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 30, 2020, in the Council Chambers 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 Sections 15303 and 15315 under Class 3 (New Construction or Conversion of Small Structures) and Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. 2.The Class 3 exemption includes the construction of up to three (3) single-family residences in an urbanized area. The proposed project consists of the demolition of one (1)single-family residence and a 2,251-square-foot, two (2)-story addition and alteration to an existing single-family residence. Zoning Administrator Resolution No. ZA2020-040 Page 2 of 12 02-03-2020 3. 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. 4. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Lot Merger In accordance with Section 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 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 Tit le 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 gene ral welfare of the City. Zoning Administrator Resolution No. ZA2020-040 Page 3 of 12 02-03-2020 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. 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 to 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 21.18.030 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. Zoning Administrator Resolution No. ZA2020-040 Page 4 of 12 02-03-2020 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 d evelopment 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 coul d 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 characte r 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: Zoning Administrator Resolution No. ZA2020-040 Page 5 of 12 02-03-2020 Finding: F. The proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of this title, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. Approval of the proposed lot merger would remove the existing interior lot line and allow the property to be 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. 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 NBMC 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 (1) 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). Zoning Administrator Resolution No. ZA2020-040 Page 6 of 12 02-03-2020 4. The proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking . a. The maximum floor area limitation is 7,696 square feet and the proposed floor area is 5,216 square feet. b. The proposed development provides the minimum required setbacks, which are 4 feet along the front property line abutting Via Yella, 4 feet along each side property line and 10 feet along the front property line on the strada. c. The highest guardrail is less than 24 feet from established grade (13.75 feet North American Vertical Datum of 1988 [NAVD 88]) and the highest ridge is no more than 29 feet from established grade, which comply with the maximum height requirements. d. The project includes garage parking for a total of three (3) vehicles, complying with the minimum three (3)-car garage parking requirement for single-family residences with more than 4,000 square feet of habitable floor area. 5. The neighborhood is primarily developed with two (2)-story single-family residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development. 6. The finished floor elevation of the first floor of the proposed living area is 14.3 feet NAVD 88, which complies with the minimum 9.0-foot NAVD 88 elevation standard for new structures. 7. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 8. The project site is located on an inland lot on Lido Isle. The nearest coastal viewpoint is located at the Lido Isle Bridge and is not visible from the site. The proposed single-family residence complies with all applicable Local Coastal Program development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. Zoning Administrator Resolution No. ZA2020-040 Page 7 of 12 02-03-2020 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. 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 development standards. It will also maintain a building envelope consistent with the existing and anticipated neighborhood pattern of development. Th erefore, 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 15303 (New Construction or Conversion of Small Structures) and 15315 (Minor Land Divisions) under Class 3 and 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. Zoning Administrator Resolution No. ZA2020-040 Page 8 of 12 02-03-2020 PASSED, APPROVED, AND ADOPTED THIS 30th DAY OF APRIL, 2020. Zoning Administrator Resolution No. ZA2020-040 Page 9 of 12 02-03-2020 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 and project plans 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 4-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. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. Zoning Administrator Resolution No. ZA2020-040 Page 10 of 12 02-03-2020 12. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one (1) or two (2) short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 13. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 14. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehi cle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 15. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stockpiles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 16. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 17. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 18. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 19. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. Zoning Administrator Resolution No. ZA2020-040 Page 11 of 12 02-03-2020 20. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 21. Prior to the issuance of building permits, the applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 22. Prior to the issuance of building permits, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 23. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit. 24. Prior to the issuance of building permits, the applicant shall submit a final landscape and irrigation plan. These plans shall incorporate drought tolerant plantings, non -invasive plant species and water efficient irrigation design. The plans shall be approved by the Planning Division. 25. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 26. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 27. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of th is approval by the current property owner or agent 28. 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 Zoning Administrator Resolution No. ZA2020-040 Page 12 of 12 02-03-2020 approval of Bragg Lot Merger including, but not limited to, Lot Merger No. LM2019-006 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.