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HomeMy WebLinkAboutZA2022-054 - APPROVING LOT MERGER NO. LM2022-002, WAIVING THE PARCEL MAP REQUIREMENT, TO COMBINE TWO (2) LEGAL PARCELS INTO A SINGLE PARCEL LOCATED AT 20460 AND 20462 BIRCH STREET (PA2022-120)RESOLUTION NO. ZA2022-054 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LOT MERGER NO. LM2022-002, WAIVING THE PARCEL MAP REQUIREMENT, TO COMBINE TWO (2) LEGAL PARCELS INTO A SINGLE PARCEL LOCATED AT 20460 AND 20462 BIRCH STREET (PA2022-120) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Apex Land Surveying, Inc. (Applicant), with respect to property located at 20460 and 20462 SW Birch Street, and legally described as the Northeasterly 62 Feet of Lot 122 of Tract 706 and the Remaining Portion of Lot 122, respectively, requesting approval of a lot merger and a waiver of the parcel map requirement. 2. The Applicant proposes to merge two (2) contiguous properties under common ownership. The Lot Merger would combine the two (2) legal lots into a single parcel. The resulting parcel will meet all Zoning and Subdivision Code standards and no deviations are requested. 3. The properties are categorized as Single Unit Residential Detached (RS-D) by the General Plan Land Use Element and are located within the Santa Ana Heights Specific Plan Residential Equestrian (SP-7 REQ) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on August 11, 2022, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). 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, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 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 Zoning Administrator Resolution No. ZA2022-054 Page 2 of 6 01-25-19 parcel does not have an average slope greater than 20 percent. This exemption includes a minor lot merger that complies with the conditions specified above. SECTION 3. REQUIRED FINDINGS. Lot Merger In accordance with Sections 19.68.030(H) (Lot Mergers – Required Findings) of the NBMC, 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 property at 20462 Birch Street was developed with a single-family residence in 1949. It is currently being redeveloped with a new single-family residence. The property at 20460 Birch Street was developed with equestrian-related structures, which have since been demolished. The vacant property is intended to be used in conjunction with the new residence. Any future improvements are required to comply with all applicable NBMC regulations and City policies. 2. The proposed lot merger to combine two (2) existing parcels by removing the interior lot lines between them will not result in the creation of additional parcels or cause unorderly growth. 3. The project is in an area with an average slope of less than 20 percent. 4. The project is adequately served by existing utilities and should not have any negative impacts on traffic and circulation, or public health, safety, or general welfare. 5. The project is consistent with the purpose and intent of NBMC Title 19 (Subdivisions). 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 Properties are currently under common fee ownership by Richard Anton Moriarty and Marilyn Kayla Moriarty, as evidenced in the Title Report provided as part of the Zoning Administrator Resolution No. ZA2022-054 Page 3 of 6 01-25-19 notarized Lot Merger application. Condition of Approval No. 2 requires the properties to remain under common fee ownership until the 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. Facts in Support of Finding: 1. The properties are within the Santa Ana Heights Specific Plan Residential Equestrian (SP-7 REQ) Zoning District, which is intended to provide for the development and maintenance of a single-family residential neighborhood in conjunction with limited equestrian uses. A single-family residence and associated yard area is consistent with the purpose and intent of the zoning district. 2. The resulting parcel will retain its SP-7 REQ zoning and its Single Unit Residential Detached (RS-D) General Plan Land Use Element category, consistent with the surrounding area. 3. The project is consistent with General Plan Land Use Element Policy LU 4.2 (Prohibition of New Residential Subdivisions) as the project does not result in any additional dwelling units. It will revert the properties back to the original lot line configuration. 4. Subsection 20.90.060(F) (Site Development Standards) of the NBMC requires a minimum lot size of 19,800 square feet for any lot created after 1986. 20462 Birch Street is slightly substandard in size at 19,683 square feet and 20460 Birch Street is only 6,645 square feet in area. The Lot Merger results in one (1) compliant parcel of approximately 26,328 square feet. 5. As shown on Tract Map No. 21-25, the properties appear to have been originally subdivided as one lot: Lot 122. At some point between the recordation of Tract Map No. 21-25 in 1925 and 1967, Lot 122 was subdivided, and the northeasterly 62 feet of Lot 122 was sold independently. This is evidenced by a Grant Deed from 1967 for 20460 Birch Street. The Lot Merger will return the parcels to their original configuration 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. ZA2022-054 Page 4 of 6 01-25-19 Fact in Support of Finding: 1. Legal access for the merged parcel will be provided from Birch Street. The parcel to the east takes access from Mesa Drive. The parcel to the rear, developed with a medical office complex, is oriented toward Birch Street and takes access from Birch Street. No adjoining parcel 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. 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. The Project is located at the corner of Mesa Drive and Birch Street, within an existing block of single-family residences that orient toward Mesa Drive. The historic residence at 20462 Birch Street however oriented toward the Birch Street cul-de-sac. The new residence under construction also orients toward Birch Street. The Project will not result in a change to the existing pattern of development. 2. The Project will result in a lot size of approximately 26,328 square feet which is comparable to the adjacent property at 2141 Mesa Drive which is approximately 34,310 square feet in area. 3. The Project will result in a lot depth of 234 feet which is consistent with the surrounding properties on the 2000 block of Mesa Drive. Waiver of Parcel Map In accordance with Section 19.08.30(A)(3) (Waiver of Parcel Map Requirement) of the NBMC, 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 findings are set forth: Zoning Administrator Resolution No. ZA2022-054 Page 5 of 6 01-25-19 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 properties to be used as a single site. The proposed parcel would comply with all design standards and improvements required for new subdivisions by Title 19, the Zoning Code, and General Plan. 2. The project combines the two (2) properties into a single parcel of land and does not result in the elimination of more than three (3) parcels. 3. Any future improvements on the site will be required to comply with the development standards of the NBMC and General 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. LM2022-002, 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 Community Development in accordance with the provisions of Title 19 Subdivisions, of the NBMC. PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF AUGUST 2022. Zoning Administrator Resolution No. ZA2022-054 Page 6 of 6 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. Until recordation of the lot merger, the two (2) lots shall be held entirely under one (1) common fee ownership. 2. The Lot Merger exhibits shall be submitted to the Public Works Department for final review and approval. All applicable fees shall be paid. 3. Lot Merger No. LM2022-002 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 NBMC. 4. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 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 Moriarty Residence including, but not limited to, Lot Merger No. LM2022- 002 (PA2022-120). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s 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 the City's costs, attorneys' fees, and damages which the 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.