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HomeMy WebLinkAboutPA2022-139_20221013_Resolution_ZA2022-066Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL October 13, 2022 Advanced Civil Group Attn: Christian Kesler 30251 Golden Lantern, Suite E, PMB #251 Laguna Niguel, CA 92677 ckesler@advancedcivilgroup.com Subject: Lot Merger (PA2022-139) 1800 and 1806 West Balboa Boulevard Bay Shores Hotel Dear Mr. Kesler, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on October 13, 2022 and effective on October 24, 2022. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Following the expiration of the appeal period, an approved lot line adjustment or lot merger requires subsequent separate review by the Public Works Department prior to release for recordation with the County of Orange. The applicant is responsible for making this submittal after action on the Planning Permit Application and appeal periods have expired. All applicable fees shall be paid. For more information on what is required, please contact Public Works at 949-644- 3311. For additional information on filing an appeal or should you have any questions, please contact our office at 949-644-3200 or you may contact me directly at 949-644- 3249 or mnova@newportbeachca.gov. Sincerely, JWC/mkn Tmplt:-04/15/2021 cc: Attn: Spencer Samuelian and Stephen Marriott Bay Shores Hotel 1800 W Balboa Blvd Newport Beach, CA 92663 spencer@hgmgt.com blake@woodscoveinn.com RESOLUTION NO. ZA2022-066 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LOT MERGER LOCATED AT 1800 AND 1806 WEST BALBOA BOULEVARD (PA2022-139). THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Spencer Samuelian and Stephen Marriott representing BayshoreRE, LLC, with respect to property located at 1800 and 1806 West Balboa Boulevard, and legally described as Lots 1, 2, 3, and 4 of Block 118, Section B, Newport Beach Tract, requesting approval of a lot merger. 2. The applicant requests a lot merger to merge four (4) underlying parcels into a single 10,000-square-foot building site. 3. The subject property is designated CV (Visitor Serving Commercial) and RT (Two Unit Residential) by the General Plan Land Use Element and is located within the CV (Commercial Visitor Serving) and R-2 (Two-Unit Residential) Zoning Districts. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan categories are CV-A (Visitor Serving Commercial - 0.0-0.75 FAR) and RT-D (Two Unit Residential - 20.0 – 29.9 DU/AC) and the property is located within the CV (Commercial Visitor-Serving) and R-2 (Two-Unit Residential) Coastal Zoning Districts. The lot merger does not result in a change of land use density/intensity that would require a coastal development permit as the resulting FAR limitations remain the same. 5. A public hearing was held on October 13, 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 15305 under Class 5 (Minor Alterations in Land Use Limitations) 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 5 exemption includes minor alterations in land use limitations in areas with an average slope of 20 percent or less, which do not result in any changes in land use or density including minor lot line adjustments. This exemption includes a minor lot merger not resulting in the creation of any new parcel or change in density that complies Zoning Administrator Resolution No. ZA2022-066 Page 2 of 8 10-18-21 with the conditions specified above. The proposed lot merger is consistent with the parameters described above and therefore, qualifies for the Class 5 exemption. 3. 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, and is not a hazardous waste site, and is not identified as a historical resource. 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 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 four (4) existing parcels by removing the interior lot lines between them will not result in the creation of additional parcels. 2. The project is a relatively flat site 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. Zoning Administrator Resolution No. ZA2022-066 Page 3 of 8 10-18-21 Fact in Support of Finding: 1. The four (4) 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. In 1998, General Plan Amendment No. 98-1, Local Coastal Program Amendment No. 50, Use Permit No. UP3629, and Coastal Development Permit No. 5-18-149 were approved to change the land uses at 1806 West Balboa Boulevard from an R-2 designation to RSC (Retail Service Commercial). While the land use change was approved and adopted by the City and the Coastal Commission at the time, the General Plan and Zoning land use maps were never updated. The correct land use and zoning categories will be updated for consistency as a part of the upcoming General Plan Land Use update. For the time being, one 25-foot by 100-foot lot will retain its existing residential land use designation until the land use maps can be updated for consistency. 2. The Land Use Element of the General Plan designates the subject site as RT (Two Unit Residential), which provides for a range of two (2) family residential dwelling units such as duplexes and townhomes. The CV (Visitor Serving Commercial) land use designation is intended to provide for accommodations, goods, and services intended to primarily serve visitors to the City of Newport Beach. The existing hotel land use will remain the same and the land uses will be updated at the next citywide opportunity for consistency with the previously approved discretionary applications. 3. The merged parcels will retain the CV (Commercial Visitor-Serving) and R-2 (Two-Unit Residential) zoning designations. The R-2 zoning district is intended to provide for a maximum of two (2) residential dwelling units (i.e., duplexes) located on a single legal lot. The CV zoning district is intended to provide areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City. Pursuant to Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements), Visitor Accommodations, Hotels, and Motels, are a principal permitted use subject to the approval of a conditional use permit. The project will maintain the existing uses on-site consistent with the existing Use Permit No. UP3629, which authorized a two (2)-unit residential structure to be converted to five (5) additional rooms in addition to the existing 21-room hotel. 4. The project site includes Lots 1-4, of Block 118 in Section B of the Newport Beach Tract, where the existing hotel is developed across the underlying lot lines. The consolidation of the lots into one (1) parcel will clean up the underlying lot lines to match the development site owned in common. Zoning Administrator Resolution No. ZA2022-066 Page 4 of 8 10-18-21 5. The existing parcels are consistent with the original tract development pattern at 25-foot in width and 2,500 square feet each. Merging the four (4) lots would create one (1) approximately 100-foot by 100-foot, 10,000-square-foot parcel and reflect the existing development pattern of the site. 6. The Public Works Department has reviewed the proposed lot merger and has concluded it is consistent with the Subdivision Code. Finding: D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. Facts in Support of Finding: 1. Legal access will continue to be provided from West Balboa Boulevard, 18th Street, and the rear alley. 2. 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. 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. Orientation and access to the parcel will be provided via West Balboa Boulevard, 18th Street, and the alley to the rear. Thus, the resulting lot configuration will not change the existing pattern of development in the area. 2. Properties in the vicinity consist of a relatively consistent tract of 25-wide lots. Marina Park, located to the east across 18th street breaks this development pattern with a large park and community center totaling 7.22 acres. The merged lots will reflect the existing Zoning Administrator Resolution No. ZA2022-066 Page 5 of 8 10-18-21 development pattern of the site and integrate it into the area as intended by Use Permit No. UP3629. 3. The proposed parcel size is 10,000 square feet in area, which meets the R-2 requirement for lot size (6,000 square feet for a corner lot). The CV zoning district does not have a minimum lot width or depth. 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 findings 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, 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 lines and allow the property 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, General Plan, Coastal Land Use Plan, and Zoning Code. 2. 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. 3. The subject property is accessible from East Balboa Boulevard, 18th Street, and the alley. The site is served by all necessary public utilities. 4. 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 15305 under Class 5 (Minor Alterations in Land Use Limitations) 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. Zoning Administrator Resolution No. ZA2022-066 Page 6 of 8 10-18-21 2. The Zoning Administrator of the City of Newport Beach hereby approves the requested lot merger (PA2022-139), 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 Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF OCTOBER, 2022. Zoning Administrator Resolution No. ZA2022-066 Page 7 of 8 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL SEE PC STANDARD CONDITIONS.DOC (Project-specific conditions are in italics) Planning Division 1. The development 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. Material violation of any of those laws in connection with the use may be cause for revocation of this lot merger. 4. Prior to the issuance of building permits for construction across the existing interior lot lines, a lot merger shall be recorded with the County recorder. 5. All easements shall be plotted, and all easement documents provided upon final map review. 6. 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. 7. 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. 8. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the 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 Bay Shores Hotel, including, but not limited to, Lot Merger (PA2022-139). 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 the applicant, City, and/or the parties initiating or bringing Zoning Administrator Resolution No. ZA2022-066 Page 8 of 8 10-18-21 the such proceeding. The applicant shall indemnify the City for all of the 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.