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HomeMy WebLinkAbout1857 - DENY LM FOR PORTIONS OF LOTS 4, 5, AND 6 OF BLOCK 34_2808 AND 2812 OCEAN BLVDRESOLUTION NO. 1857 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH REVERSING THE DECISION OF THE ZONING ADMINISTRATOR AND DENYING LOT MERGER NO. LM2011 -002 FOR A LOT MERGER FOR THE FOLLOWING PROPERTY, UNDER COMMON OWNERSHIP: PORTIONS OF LOTS 4, 5, AND 6 OF BLOCK 34 LOCATED IN CORONA DEL MAR. ALSO INCLUDED IN THE APPLICATION IS A REQUEST TO WAIVE THE REQUIREMENT TO FILE A PARCEL MAP, FOR PROPERTIES LOCATED AT 2808 AND 2812 OCEAN BOULEVARD (PA2011 -141) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by The John Guida Trust and the Julie Guida Trust, with respect to properties located at 2808 and 2812 Ocean Boulevard, and legally described as Portions of Lots 4, 5, and 6 of Block 34 of Corona del Mar requesting approval of a lot merger. 2. The applicant proposes [project description a lot merger for the following property, under common ownership, portions of Lots 4, 5, and 6 of Block 34 located in Corona del Mar. Also included in the application is a request to waive the requirement to file a parcel map 3. The subject property is located within the Single -Unit Residential (R -1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single -Unit Residential Detached (RSD -B). 5. A public hearing was held on September 14, 2011 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting 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 meeting. 6. On September 22, 2011, the Zoning Administrator's decision to approve Lot Merger No. LM2011 -022 was appealed by Mr. Clifford Jones, Ms. Joan Campbell, and Mr. John Silva. The appeal was filed to further consider two findings, which the applicants felt were not adequately addressed in the Zoning Administrator's decision. 7. The Planning Commission held a public hearing on October 20, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The Planning Planning Commission Resolution No. 1857 Pape 2 of 3 Commission considered evidence, both written and oral presented at this meeting. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 8. Pursuant to Section 20.64.030.C, the public hearing was conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the call for review was filed. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a lot merger application only after making each of the required findings set forth in Section 19.68.030.H of Title 19 (Subdivision Code: Lot Mergers, Required Findings). In this case, the Planning Commission was unable to make the following required findings. FINDINGS 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 Title 19. A -1. The lot merger would allow development that is incompatible with the size and mass of structures on neighboring properties within Block 34. The removal of the interior lot line would eliminate the interior side setback (three feet) on each property, create a buildable area greater than currently exists on the two separate lots, and eliminate the open space that the interior side setbacks currently provide. B. 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. B -1. The lot merger would create a lot size and configuration, which is inconsistent with the development pattern of the subject properties and surrounding lots within Block 34. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: Tmpit: 03/08111 Planning Commission Resolution No. 1857 Paae 3 of 3 1. The Planning Commission of the City of Newport Beach hereby denies Lot Merger No. 2011 -022 (PA2011 -141), reversing the decision of the Zoning Administrator. 2. This action shall become final and effective ten (10) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 201h DAY OF OCTOBER, 2011. AYES: Ameri, Hawkins, Hillgren, Myers, Toerge, and Unsworth NOES: Kramer ABSTAIN: None. ABSENT: None. d %°. rjefk,�e Tmpil: 03/08/11