HomeMy WebLinkAbout2014-5 - Approving an Appeal and Approving Lot Merger No. LM2013-003 and Staff Approval No. SA2013-011 for a Lot Merger and Alternative Setback Determination and Providing Relief from Council Policy L-2 for Property Located at 106 6th Street and 524 WestRESOLUTION NO. 2014 -5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN APPEAL AND
APPROVING LOT MERGER NO. LM2013 -003 AND STAFF
APPROVAL NO. SA2013 -011 FOR A LOT MERGER AND
ALTERNATIVE SETBACK DETERMINATION AND PROVIDING
RELIEF FROM COUNCIL POLICY L -2 FOR PROPERTY
LOCATED AT 106 6T" STREET AND 524 WEST OCEAN FRONT
(PA2013 -176).
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Morgan Davis, with respect to property located at 106 6th
Street and 524 West Ocean Front, and legally described as Lot 15, Block 10, East
Newport Tract and Parcel 1 of Lot Line Adjustment LLA2001 -008, requesting approval of
a Lot Merger and Alternative Setback Determination.
2. The applicant proposes to merge the two lots and requests a waiver of the parcel map
requirement. The applicant also requests an Alternative Setback Determination to
establish all required setbacks for the merged lot.
3. The subject properties are designated as Single -Unit Residential Detached (RS -D) in the
General Plan Land Use Element and are located within the Single -Unit Residential (R -1)
Zoning District.
4. The subject properties are located within the coastal zone and the Coastal Land Use
Plan category is Single Unit Residential Detached (RSD -C).
5. Zoning Code Section 20.30.110 (C) states that in cases where the orientation of an
existing lot and the application of the setback area are not consistent with the
character or general orientation of other lots in the vicinity, the Community
Development Director may redefine the location of the front, side, and rear setback
areas to be consistent with surrounding properties. in this case, so that surrounding
property owners would be notified of the application, staff referred the request to the
Planning Commission for consideration and final action.
6. A public hearing was held on October 24, 2013, in the Corona del Mar Conference Room
at 100 Civic Center Drive, Newport Beach, related to the requested Lot Merger only. 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. The Zoning
Administrator referred the Lot Merger application to the Planning Commission to allow
for concurrent review with the Alternative Setback Determination.
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7. A public hearing was held on November 21, 2013, in the City Council Chambers at 100
Civic Center Drive, Newport Beach. 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. The Planning Commission adopted Resolution No. 1925 approving the
Lot Merger and Alternative Setback Determination.
8. On November 22, 2013, property owner Morgan Davis filed an appeal of the Planning
Commission's action due to one of the approved setbacks and the condition of
approval requiring the elimination of the curb cut along 6th Street.
9. A public hearing was held by the City Council on January 28, 2014, in the Council
Chambers at 100 Civic Center Drive, Newport Beach. The City Council 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.
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. The proposed project would merge the lots and alter the required setbacks, but
will not result in a physical change to the existing lot or structure, or any changes in land
use or density.
3. The City Council finds that judicial challenges to the City's CEQA determinations and
approvals of land use projects are costly and time consuming. in addition, project
opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge,
and bear the responsibility for any costs, attorneys' fees, and damages which may be
awarded to a successful challenger.
SECTION 3. REQUIRED FINDINGS.
Lot Merger
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 in regards to the
subject lot merger:
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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:
The lot merger to combine two existing legal lots by removing the interior lot line between
the lofts will not result in the creation of additional parcels.
2. The project is in an area with an average slope of less than 20 percent.
3. The future development on the proposed parcel will be subject to the Zoning Code
development standards, including, floor area, setback requirements, and 3 -car garage
parking for a house with over 4,000 square feet of floor area.
4. The Alternative Setback Determination will ensure that setback requirements and
future development on the merged lot are consistent with surrounding properties and
will provide adequate space for vehicle maneuverability in the alley.
B. The lots to be merged are under common fee ownership at the time of the merger.
Facts in Support of Finding:
The two lots to be merged are under common fee ownership.
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:
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.
2. A minimum of one (1) single -unit dwelling located on the subject lots will be demolished
prior to recordation of the Lot Merger, resulting in the merged lot containing one (1)
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dwelling unit, consistent with the General Plan, Coastal Land Use Plan, and Zoning
Code.
3. Section 20.18.030 of the Zoning Code establishes minimum lot area and width
requirements. Each of the two existing lots provide less than the minimum lot area and lot
width requirements of the Zoning Code. The proposed merger of the lots would create
one 5,250 - square -foot parcel that will be more consistent with the minimum lot standards
of the Zoning Code.
4. 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
Detatched (RSD -C) which provides for density ranges from 10.0 -19.9 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.
5. The subject property is not located within a Specific Plan area.
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:
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.
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, and vehicular access to and from the subject site and adjacent properties would
remain via existing public alleys.
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 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 andlor 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.
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Facts in Support of Finding:
1. The house that could be constructed on the merged lot would be longer than most
houses in the area as viewed from 6th Street, but the project views from the alley and
West Ocean Front would remain unchanged and would be typical for the area. The
overall length of what could be developed from the vantage point of 6th Street is
mitigated by a larger setback by providing enhanced building articulation and open
space.
2. Several lots in the area have been reoriented to front on West Ocean Front and West
Balboa Boulevard, and 6th Street has both front and sides of residential lots and
structures facing the street; therefore, the merger would not result in development that
is inconsistent with the neighborhood.
3. The standard lot size of lots in the area is 30 feet by 70 feet (2,100 square feet), with
nearby lots ranging from 1,830 to 6,289 square feet in area. The lots as merged will
result in a 5,250 - square -foot parcel that is larger than the typical lot in the area, but
smaller than the minimum 6,000- square -foot lot size requirement of the Zoning Code.
Therefore, the lots as merged will not create an excessively large lot that would be
incompatible with the surrounding development.
4. While the lots in the immediate vicinity are typically 70 or 90 feet deep, a 120 -foot
deep lot is not a significant deviation to the pattern of development to the
unreasonable detriment of surrounding properties.
5. Section 20.18.030 of the Zoning Code establishes minimum lot area and width
requirements. Each of the two existing lots provide less than the minimum lot area and lot
width requirements of the Zoning Code. The proposed merger of the lots would create
one 5,250- square -foot parcel that will be more consistent with the minimum lot standards
of the Zoning Code.
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.
IMM •.• . . s
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.
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.
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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.
4. The subject property is not subject to a Speck Plan.
Alternative Setback Determination
In accordance with Zoning Code Section 20.30.110 (C), the following findings are set forth in
regards to the subject Alternative Setback Determination:
1. The Municipal Code does not set forth any required findings for the approval of
Alternative Setback Determinations. The application was reviewed for compatibility
with the neighborhood based on setback area, floor area ratio (FAR), and other
development standards, to ensure that alternative setbacks do not result in
development that would be incompatible with and not detrimental to the neighborhood.
2. The application of the standard Single -Unit Residential (R -1) setbacks will result in a
buildable area inconsistent with other lots in the vicinity and in the R -1 Zoning District
by establishing a 10 -foot rear setback adjacent to a side setback and a 3 -foot side
setback along a narrow alley when typically a rear yard setback of 5 feet would be
required.
3. The alternative setback determination will not be detrimental to the neighborhood. The
5 -foot side setback to the alley will improve vehicular maneuverability in the alley and
be consistent with how typical alley setbacks are regulated. The 3 -foot interior side
setback and 8 -foot front setback requirements are consistent with surrounding
properties. The 8 -foot street side setback will increase building articulation and open
space mitigating the overall length of the building as viewed from 6th Street. The
application of the alternative setbacks will allow development of the property with a
floor area ratio that is comparable with nearby lots.
Council Policy L -2
Council Policy L -2 does not allow vehicular access from a street where a property has adequate
access from a public alley. The following findings are set forth in regards to relief from Council
Policy L -2:
1. The property has an existing curb cut on 6th Street and the relocation of the curb cut
would retain the existing number of five (5) on- street parking spaces.
2. The alley to the rear of the property is narrow and turns at a right angle, which negatively
affects the functionality of a tandem- four -car garage; and the project would improve
overall maneuverability within the alley as a whole.
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3. Due to e Street being a low traffic volume street, backing out of a garage directly onto
611' Street would not create a concern.
SECTION 4. DECISION.
NOW, THEREFORE, the City Council of the City of Newport Beach, California, hereby
resolves as follows:
Approve Lot Merger No. LM2013 -003 and Staff Approval No. SA2013 -011, approving the
appeal, subject to the conditions set forth in Exhibit A and subject to the setbacks set
forth in Exhibit B, which are attached hereto and incorporated by reference.
2. Approve relief from Council Policy L -2, allowing a curb cut on 6u' Street.
3. This resolution shall take effect immediately upon its adoption by the City Council, and
the City Clerk shall certify the vote adopting the resolution.
PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF JANUARY, 2014.
ATTEST:
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MAYOR
CITY CLERK v
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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, one or both dwelling units shall be demolished to
ensure that no more than one (1) single -unit dwelling exists on the merged lot.
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. The reconstructed curb cut shall have a maximum width of 17 feet for the approach
bottom and a maximum width of 23 feet for the curb opening, subject to approval of
the Public Works Department.
6. The 5 -foot side setback to the alley shall remain free and clear of any obstructions.
There shall be no parking of vehicles within the 5 -foot setback.
7. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
8. An encroachment permit is required for all work activities within the public right -of -way.
9. Lot Merger No. LM2013 -003 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.
10. 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 Davis Lot Merger and Setback Determination
including, but not limited to, the Lot Merger No. LM2013 -003 and Staff Approval SA2013-
011. 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
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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.
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WEST BALBOA BLVD.
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WEST OCEAN FRONT
35' 35'
524 West Ocean Front and 106 6th Street
PA2013 -176
Determination of Alternative
Setback Area Locations
0 10 20
Feet
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STATE OF CALIFORNIA }
COUNTY OF ORANGE J ss.
CITY OF NEWPORT BEACH }
1, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2014 -5 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 28th day of January, 2014, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Selich, Curry, Henn, Daigle, Mayor Hill
Nays: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 291h day of January, 2014.
if�Ait) a /K
City Clerk
Newport Beach, California
(Seal)