HomeMy WebLinkAbout20191212_ZA_Staff ReportCITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 12, 2019
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).
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Santiago Lot Merger (PA2019-187)
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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.
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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:
JM/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Exhibits
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Attachment No. ZA 1
Draft Resolution
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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
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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 Zo ning 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.
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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 approxima tely
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
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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 Pl an, 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 s, 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
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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
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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
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Lot Merger No. LM2019-003
PA2019-187
2309, 2311 and 2321 Santiago Drive
2321 Santiago Drive
Subject Property 2309 Santiago Drive
Subject Property
2311 Santiago Drive
Subject Property
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Attachment No. ZA 3
Lot Merger Exhibits
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