HomeMy WebLinkAbout04 - Moss Lot Merger_PA2013-038fiEWPOo COMMUNITY DEVELOPMENT DEPARTMENT
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PLANNING DIVISION
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u 100 Civic Center Drive, Newport Beach, CA 92660
(949) 644 -3200 Fax: (949) 644 -3229
C7CIFURN�C www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 11, 2013
Agenda Item 4
SUBJECT: Moss Lot Merger - PA2013 -038
2600 and 2602 West Ocean Front
Lot Merger No. LM2013 -001
APPLICANT: Apex Land Surveying, Inc.
PLANNER: Jaime Murillo, Associate Planner
(949) 644 -3209 or jmurillo @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: R -1 (Single -Unit Residential)
• General Plan: RS -D (Single -Unit Residential Detached)
PROJECT SUMMARY
A lot merger application and a request to waive the parcel map requirement for two
properties, under common ownership, located on the Balboa Peninsula. The merger
would combine two legal lots, Lots 1 and 2 of Tract 512, into a single parcel for the
future development of a single -unit dwelling.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Lot Merger No.
LM2013 -001 (Attachment No. ZA 1).
1
2
Moss Lot Merger
April 11, 2013
Page 2
• The subject lots are located on the corner of West Ocean Front and 26th Street
(See Attachment No. ZA 2 — Vicinity Map). The combined lot will abut the public
beach walk, 26th Street, and an alley in the rear.
• Each of the two lots is currently developed with single -unit dwellings. The
existing dwellings will be demolished and the proposed merged lot would be
redeveloped with one new single -unit dwelling.
• Redevelopment of the site will be required to be consistent with the Zoning Code
standards, including parking and setback requirements.
• 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.
• As demonstrated in the attached draft resolution, the proposed merger meets the
requirements of Title 19 (Subdivisions).
ENVIRONMENTAL REVIEW
The project qualifies for an exemption from environmental review pursuant to Section
15305 (Class 5 Minor Alterations in Land Use Limitations) of the Implementing
Guidelines of the California Environmental Quality Act (CEQA), which 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.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners 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 prior to the decision date, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall, 3300 Newport Boulevard, Newport Beach, CA 92663 and, the agenda and
staff report were available at the Newport Beach Public Library, Mariners Branch, at
1300 Irvine Avenue, Newport Beach, CA 92660.
TmpIt:07 -31 -12
Moss Lot Merger
April 11, 2013
Page 3
APPEAL PERIOD: An appeal may be filed with the Director of Community Development
or City Clerk, as applicable, within ten (10) days following the date the action or decision
was rendered unless a different period of time is specified by the Municipal Code. For
additional information on filing an appeal, contact the Planning Division at (949) 644 -3200.
Prepared by:
aime Murillo, Associate Planner
GBRlm
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Lot Merger Exhibits
TmpIt:07 -31 -12
4
Attachment No. ZA 1
Draft Resolution
5
0
RESOLUTION NO. ZA2013-
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.
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Zoning Administrator Resolution No. ZA2013-
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. 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 comply with 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.
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Zoning Administrator Resolution No. ZA2013-
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.
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.
I
Zoning Administrator Resolution No. ZA2013-
Facie 4of7
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.
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.
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Zoning Administrator Resolution No. ZA2013-
Page 5 of 7
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 11th DAY OF APRIL, 2013.
Brenda Wisneski, AICP, Zoning Administrator
11
Zoning Administrator Resolution No. ZA2013-
Page 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.
12
Zoning Administrator Resolution No. ZA2013-
Page 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.
13
14
Attachment No. ZA 2
Vicinity Map
1.5
10
1
,ell_
ry
Y
Lot Merger No. LM2013 -001
PA2013 -038
2600 and 2602 West Ocean Front
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12
Attachment No. ZA 3
Lot Merger Exhibits
19
20
EXHIBIT "A"
CITY OF NEWPORT BEACH
LOT MERGER NO. LM 2012 -
(LEGAL DESCRIPTION)
OWNERS
EXISTING PARCEL NUMBERS
PROPOSED PARCELS
REFERENCE NUMBERS
SHIRISH J. SHAH AND SANDHYA S. SHAH,
047 -093 —� %
HUSBAND AND WIFE AS COMMUNITY PROPERTY
LOT 1; 2-1
PARCEL 1
WITH RIGHT OF SURVIVORSHIP.
GLENN LESLIE MOSS AND JERI COLLEEN MOSS,
047 -093 -1
3-1 6
TRUSTEES OF THE GLENN LESLIE MOSS AND JERI
LOT 2;
PARCEL 1
COLLEEN MOSS TRUST.
EXISTING LEGAL DESCRIPTION:
REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA DESCRIBED AS FOLLOWS:
LOT 1 AND 2 OF TRACT 512, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 03, PAGE 26, OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PROPOSED LEGAL DESCRIPTION:
PARCEL 1:
SEE EXHIBITS'B' &'C' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
q
OO
O MIN NC 0.
AP
O ¢ y
a a N y A
THIS DES c.
HAS BEEN PREPARED BY ME Exp. 12/3I'll 4
r" gCRIPTION
iJR^68J DIN
,,``vw 1111/ TF OF CAl \FOB
PAUL D. CRAFT, P. 8516,
.
LICENSE RENEWAL DATE: 12/31/14
PA2012 -038 for LM2013 -001
2600 & 2602 W. Ocean Front
Apex Land Surveying, Inc. — Paul D. Craft, PLS
SHEET 1 OF 1
2-
EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT MERGER NO. LM 2012-
(MAP)
OWNERS EXISTING PARCEL NUMBERS PROPOSED PARCELS
REFERENCE NUMBERS
HUSBAND J. SHAH SANDHYA COMMUNITY S. SHAH, 047 -093 -1 7
HUSBAND AND WIFE IV COMMUNITY PROPERTY LOT 1; 2600 PARCEL 1
WITH RIGHT OF SURVIVORSHIP.
GLENN LESLIE MOSS AND JERI COLLEEN MOSS, 93 -16
047 - 0
TRUSTEES OF THE GLENN LESLIE MOSS AND JERI LOT 0 2602 PARCEL 1
COLLEEN MOSS TRUST.
LINE LEGEND
PROPOSED PARCEL LINE
EXISTING BOUNDARY LINE TO REMAIN
— — — EXISTING BOUNDARY LINE TO BE DELETED
THIS PLAN WAS PREPARED USING RECORD DATA PER TRACT 512,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 03, PAGE 26 OF MISCELLANEOUS MAPS.
y
0
(0 N
L1 1
c N55'1/730'5
Z® T/7
STREET
105 °17'30 "E
LINE TABLE
LINE
BEARING
LENGTH
L1
N55'17'30 "W
22.50'
L2
N55'17'30 "W
22.50'
r
N55 °1730 "E 97.50'
C
72
75.00'
° PARCEL 1
o
GROSS: 0.09 ACRES
N
In
N�
°o
22'5
NET: 0.09 ACRES
M
o
GROSS: 3,750 SQ. FT.
M
Z
o NET: 3,750 SQ. FT.
v
0
(0 N
L1 1
c N55'1/730'5
Z® T/7
STREET
105 °17'30 "E
LINE TABLE
LINE
BEARING
LENGTH
L1
N55'17'30 "W
22.50'
L2
N55'17'30 "W
22.50'
L
ALLEY
SCALE: 1 " =30'
No. 8516
Exp. 12/31/14
THIS MAP HAS BEEN PREPARED BY ME
UNDER MY DIRECTION
PAUL D. CRA N.L.S. 8516,
LICENSE RENEWAL DATE: 12/31/14
SHEET IOF1
22
EXHIBIT "C°'
CITY OF NEWPORT BEACH
LOT MERGER NO. LM 2012-
(SITE PLAN)
OWNERS EXISTING PARCEL NUMBERS PROPOSED PARCELS
REFERENCE NUMBERS
SHIRISH J. SHAH AND SANDHYA S. SHAH,
LINEI
047 - 0
0 93 -17
I LENGTH
HUSBAND AND WIFE AS COMMUNITY PROPERTY
I N55'17'30"W
LOT 2600
PARCEL 1
WITH RIGHT OF SURVIVORSHIP.
22.50'
GLENN LESLIE MOSS AND JERI COLLEEN MOSS,
0
047— D 93 -16
TRUSTEES OF THE GLENN LESLIE MOSS AND JERI
LOT 2602
PARCEL 1
COLLEEN MOSS TRUST.
LINE LEGEND
PROPOSED PARCEL LINE
EXISTING BOUNDARY LINE TO REMAIN
LINE TABLE
LINEI
BEARING
I LENGTH
L1
I N55'17'30"W
1 22.50'
L2
N55'17'30 "W
22.50'
— — — EXISTING BOUNDARY LINE TO BE DELETED
THIS PLAN WAS PREPARED USING RECORD DATA PER TRACT 512,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 03, PAGE 26 OF MISCELLANEOUS MAPS.
�rl ; 1„
JV
AU
�
N55 °1730 'E N 97.50' Q
— — 75.00'
2 I L2 I 7.5 .. PARCEL 7
GROSS: 0.09 ACRES
®' NET: 0.09 ACRES EXISTING HOUSE t,6 p
p p GROSS: 3,750 SQ. FT. 2602 OCEANFRONT nl h
NO N NET: 3,75050. FT. 6.9
v
22.5' h o
M 18.3 ..,:> lI
Q ° EXISTING HOUSE �f
26000CEANFRONT 3.2 N, M
W — L 1 N 75.00' .3 2
9'
N55 °17'30'E 9750' I —�
® 26TH_
0
STREET N55 °1T30 "E
ALLEY
SCALE: 1"=30'
a No. 8516
Exp.12/31/14
THIS MAP HAS BEEN PREPARED BY
M OR UNDER MY DIRECTION
PAUL D. CRAFT, /I/ ..S. 8516,
LICENSE RENEWAL DATE: 12/31/14
SHEET 1 OF 1
23
Items 1, 2, 3, 4 and 5 Additional Materials
Comments on April 11, 2013 Zoning Administrator agenda - Jim Mosher Page 3 of 4
Item 4. Moss Lot Merger (PA2013 -038)
In the draft Resolution of Approval:
• Section 2.1: does not explain what "Class 5" is. Per page 3 of the staff report, under
"Environmental Review," it is part of the CEQA Implementing Guidelines, not CEQA itself.
• Section 2.2: the findings to qualify for Class 5 clearly can't be made. Contrary to what the
resolution says, the proposal clearly involves a change in density (dwelling units per acre).
• Fact A -3: The draft sentence makes little sense to me. Is it trying to say the merger will be
conditioned to require permanent access from the alley? Or that it will be conditioned to require
construction access solely via the alley?
o I can find nothing in the conditions of approval related to alley access during or after
construction.
• Fact B -1: The documents attached on handwritten pages 21 -23 seem to contradict the
statement that the lots are under common ownership. They indicate different owners for Lot 1
and Lot 2.
• Fact E -1: Compatibility with surrounding development is a judgment call, and I don't find a
similar lot a block away convincing evidence of compatibility.
• Facts F -1 and F -3: In the absence of a certified Coastal Plan, the City is not authorized to make
findings of consistency with the Coastal Act, and a Coastal Development Permit is required to
establish that. The Executive Director of the Coastal Commission may well deem this project
eligible for a waiver; but he might also find it raises substantial issues, including diminishing
available housing stock in the Coastal Zone. It may also raise General Plan issues in that
respect (particularly with regard to the Housing Element).
o I think Section F should include a statement that consistency with the Coastal Act will be
guaranteed by issuance of a CDP, supported by a condition requiring approval of the
CDP before the merger can be completed.
• Condition 4: It is unclear what "lot merger documents" the Zoning Administrator is ordering to
be recorded.
• The staff report (page 1) says the applicant is asking to "waive the parcel map
requirement," but I can find nothing further about that (hampered, perhaps, because the
report posted on -line is, for the most part, not searchable). I particular I am unable to
find a waiver of anything in the resolution or the conditions of approval (and Condition 1
implies the waiver would have to be explicit to be effective).
• The "Lot Merger Exhibits" on handwritten pages 21 -23 look rather like a parcel map, but
their relation to the resolution and the conditions of approval is unclear to me.
• If these are a parcel map, shouldn't they mention the date on which they were
prepared or refer to? All I can find is dates related to the surveyor's license.
Condition 12: Are there existing overhead utilities? What, specifically does the Zoning
Administrator want undergrounded?