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HomeMy WebLinkAbout20200416_ZA_Staff ReportCITY 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). 1 Bragg Lot Merger (PA2019-250) Zoning Administrator, April 16, 2020 Page 2 Tmplt: 07/25/19 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. 2 Bragg Lot Merger (PA2019-250) Zoning Administrator, April 16, 2020 Page 3 Tmplt: 07/25/19  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. 3 Bragg Lot Merger (PA2019-250) Zoning Administrator, April 16, 2020 Page 4 Tmplt: 07/25/19 Prepared by: GBR/cc Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Lot Merger Exhibits ZA 4 Public Comments 4 Attachment No. ZA 1 Draft Resolution 5 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. 6 Zoning Administrator Resolution No. ZA2020-### Page 2 of 8 02-03-2020 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. 7 Zoning Administrator Resolution No. ZA2020-### Page 3 of 8 02-03-2020 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. 8 Zoning Administrator Resolution No. ZA2020-### Page 4 of 8 02-03-2020 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. 9 Zoning Administrator Resolution No. ZA2020-### Page 5 of 8 02-03-2020 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. 10 Zoning Administrator Resolution No. ZA2020-### Page 6 of 8 02-03-2020 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 11 Zoning Administrator Resolution No. ZA2020-### Page 7 of 8 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 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 12 Zoning Administrator Resolution No. ZA2020-### Page 8 of 8 02-03-2020 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. 13 Attachment No. ZA 2 Vicinity Map 14 VICINITY MAP Lot Merger No. LM2019-006 Coastal Development Permit No. CD2019-068 PA2019-250 107 and 109 Via Yella Subject Properties 15 Attachment No. ZA 3 Lot Merger Exhibits 16 17 18 19 Tmplt: 07/25/19 Attachment No. ZA 4 Public Comments 20 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)