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HomeMy WebLinkAboutZA2013-021 Approved 2600 and 2602 W Ocean Front Lot MergerRESOLUTION NO. ZA2013 -021 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM2013 -001 AND WAIVER OF PARCEL MAP REQUIREMENT FOR A LOT MERGER LOCATED AT 2600 AND 2602 WEST OCEAN FRONT (PA2013 -038) 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., with respect to property located at 2600 and 2602 West Ocean Front, and legally described as the Lots 1 and 2 of Tract 512, requesting approval of a Lot Merger. 2. The applicant proposes a lot merger and requests to waive the parcel map requirement for two properties, under common ownership, located on the Balboa Peninsula. 3. The subject properties are 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 properties are located within the coastal zone and the Coastal Land Use Plan category is Single Unit Residential Detached (RSD -D). 5. The design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 6. Public improvements will be required of the Applicant per the Municipal Code and the Subdivision Map Act. 7. A public hearing was held on April 11, 2013, in the Corona del Mar Conference Room (Bay E -1st Floor), 100 Civic Center Drive, 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations). 2. Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density. Zoning Administrator Resolution No. ZA2013 -021 Paqe 2 of 7 SECTION 3. REQUIRED FINDINGS. In accordance with Section 19.68.030 and 19.08.030 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: A -1. The lot merger to combine two existing legal lots by removing the interior lot line between them will not result in the creation of additional parcels. A -2. The project is in an area with an average slope of less than 20 percent. A -3. Per Municipal Code requirements, redevelopment of the property will require vehicular access from the alley. A -4. The lot merger is consistent with the purpose and intent of Title 19 (Subdivisions). The proposed merger will protect land owners and surrounding residents, and will preserve the public health, safety, and general welfare of the City. A -5. The future development on the proposed parcel will be subject to the Zoning Code development standards. Finding: B. The lots to be merged are under common fee ownership at the time of the merger. Facts in Support of Finding: B -1. The two 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. Zoning Administrator Resolution No. ZA2013 -021 Paqe 3 of 7 Facts in Support of Finding: C -1. The merged lot will retain the Single -Unit Residential zoning designation, consistent with the surrounding area. The R -1 Zoning District is intended to provide for areas appropriate for a detached single - family residential dwelling units located on a single lot. C -2. The existing single -unit dwellings located on the subject lots will be demolished, and the proposed merged lot would be redeveloped with a new single -unit dwelling. Section 20.18.030 of the Zoning Code establishes minimum lot area and width requirements. Each of the two existing lots are 1,875 square feet in area and 25 feet in width, which are less than the 6,000 square -foot minimum lot area and 60 -foot minimum lot width requirements of the Zoning Code. The proposed merger of the lots would create one 3,750 square -foot, 50- foot -wide parcel that will be more consistent with the minimum lot standards of the Zoning Code. C -3. 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 Deatched (RSD -D) which provides for density ranges from 20.0 -29.9 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. C -4. Future redevelopment of the property will provide vehicular access from the alley, consistent with General Plan and Coastal Land Use Plan policies. 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: D -1. The lots as merged will not be deprived of legal access as the merged lot will abut a street, an alley, and a beach front walk. D -2. No adjoining parcels will be deprived of legal access as a result of the merger. The public alleys were developed to provide vehicular access for the properties located in the area. Vehicular access to and from the subject site and adjacent properties would remain via the public alleys. Zoning Administrator Resolution No. ZA2013 -021 Paqe 4 of 7 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: E -1. The standard lot width of existing lots in the area is 25 feet with lots ranging in size between size 1,875 square feet and 2,375 square feet. The lots as merged will result in a 3,750 square -foot parcel that is larger than the standard lot size in the area, but smaller than the minimum 6,000 square -foot lot size and 50 -foot lot width requirement of the Zoning Code. A single -unit dwelling located one block northwest (2706 West Ocean Front) is also located on a similar 3,750 square -foot parcel. Therefore, the lots as merged will not create an excessively large lot that is not compatible with the surrounding development. E -2. Development within the R -1 Zoning District can have a maximum floor area 2.0 times the buildable area of the lot. The proposed parcel will not be developed beyond this maximum development limit and will be developed consistent with the surrounding development. 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: F -1. Future improvements on the site will be required to comply with the development standards of the Municipal Code, General Plan, and Coastal Land Use Plan. F -2. The proposed lot merger combines the properties into a single parcel of land and does not result in the elimination of more than one lot. F -3. Approval of the proposed lot merger would remove the existing interior lot line, 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. Zoning Administrator Resolution No. ZA2013 -021 Paqe 5 of 7 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No. LM2013 -001, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective ten days after the adoption of this Resolution unless within such time an appeal 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 11t' DAY OF APRIL, 2013. , Zoning Administrator Zoning Administrator Resolution No. ZA2013 -021 Paqe 6 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. 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 property owner or the leasing agent. 3. Prior to recordation of the lot merger, the two existing dwelling units shall be demolished. 4. Prior to the issuance of any building permit for construction to cross the existing interior lot line between the two lots proposed to be merged, recordation of the lot merger documents with the County Recorder shall be required. 5. All improvements shall be constructed as required by Ordinance and the Public Works Department. 6. The existing broken and /or otherwise damaged concrete sidewalk panels, alley approach, curb and gutter along the 26`h Street frontage shall be reconstructed. 7. The existing driveway approach along 26th Street shall be replaced with a new driveway plug per City Standards STD - 165 -L. Per Council Policy L -2, future development shall obtain garage access from the adjacent alley. 8. One of the two existing sewer laterals shall be abandoned at the property line. 9. One of the two existing water service /meters shall be abandoned at the main (corporation stop). 10. An encroachment permit is required for all work activities within the public right -of -way. 11. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L. 12. All existing overhead utilities shall be undergrounded. 13. All existing private, non - standard improvements within the public right -of -way and /or extensions of private, non - standard improvements into the public right -of -way fronting the development site shall be removed 14. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. Zoning Administrator Resolution No. ZA2013 -021 Paqe 7 of 7 15. All on -site drainage shall comply with the latest City Water Quality requirements. 16. Lot Merger No. LM2013 -001 shall expire unless exercised within 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. 17. 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 Moss Lot Merger including, but not limited to, the Lot Merger No. LM2013 -001. 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.