HomeMy WebLinkAboutZA2014-038 - A lot merger application for four properties, under common ownership, located in Lido Marina Village. The merger would combine the four parcels into two lots non-residential development. - 3434 Via Lido RESOLUTION NO. ZA2014-038
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER NO.
LM2014-002, WAIVING THE PARCEL MAP REQUIREMENT,
AND COMBINING FOUR PARCELS INTO TWO LOTS FOR
PROPERTY LOCATED AT 3505 VIA OPORTO AND 3434, 3442,
AND 3444 VIA LIDO (PA2014-136)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Tait & Associates, representing property owner, Lido Group
Retail, LLC, with respect to property located at 3505 Via Oporto and 3434, 3442, and
3444 Via Lido, requesting approval of a lot merger. Parcel 1 is legally described as a
portion of Lot 2 of Tract No. 1117, in the City of Newport Beach, County of Orange, State
of California as per map recorded in Book 35, Page 48 together with Lot 9 of Tract No.
1235, recorded in Book 47, Page 24, both of Miscellaneous Maps, Records of the office
of the County Recorder of Orange County, California. Parcel 2 is legally described as a
portion of Lot 2 of Tract No. 1117, in the City of Newport Beach, County of Orange, State
of California as per map recorded in Book 35, Page 48 together with all of Lot 1 of Tract
No. 1235, recorded in Book 47, Page 24, both of Miscellaneous Maps, records of the
office of the county recorder of said county.
2. The applicant proposes a lot merger application and a request to waive the parcel map
requirement to combine four parcels into two lots for the continuation of non-residential
development. The parcels to be merged are under common ownership located within
Lido Marina Village,
3. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning
District and the General Plan Land Use Element category is MU-W2 (Mixed-Use Water
Related).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-W (Mixed-Use Water Related).
5. A public hearing was held on October 16, 2014, in the Corona del Mar Conference Room
(Bay E-1 st Floor) 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
Zoning Administrator at this meeting.
Zoning Administrator Resolution No. ZA2014-038
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 15 (Minor
Land Divisions).
2. The Class 15 exemption includes the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four 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 to local standards are
available, the parcel was not involved in a division of a larger parcel within the
previous two years, and the parcel does not have an average slope greater than 20
percent. This exemption includes a minor lot merger not resulting in the creation of any
new parcel that complies with the conditions specified above.
SECTION 3. REQUIRED FINDINGS.
Merger of Continuous Lots
In accordance with Section 19.12.070.A (Required Findings for Approval) of the City of
Newport Beach Municipal Code, the following finding 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 Title 19.
Facts in Support of Finding:
1. The subject lots are currently developed with two-story retail commercial buildings and a
5-level parking structure, which cross the interior property lines of Lot 1 of Tract 1235 with
a portion of Lot 2 of Tract No. 1117 and Lot 9 of Tract 1235 with a portion of Lot 2 of
Tract No. 1117. Per Section 19.04.035 of the Municipal Code (Development Across
Property Lines), structures cannot be constructed across property lines. With the
approval of the lot merger, renovation of the existing structures on-site can proceed in
conformance with the Building Code. Once the parcels are merged, the buildings will
comply with building separation requirements.
2. The project is similar to the development of other properties in Lido Marina Village, where
individual nonresidential buildings have been built on each lot and modified over time;
these developments have not been detrimental to the health, safety, peace, comfort or
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Zoning Administrator Resolution No. ZA2014-038
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general welfare of persons residing or working in the neighborhood or injurious to
property and improvements in the neighborhood or the general welfare of the City.
3. Building alterations and improvements are required to comply with applicable
Municipal Code regulations and policies.
Finding:
B. The lots to be merged are under common fee ownership at the time of the merger.
Facts in Support of Finding:
1. Lot 1 and 9 of Tract 1235 and the portions of Lot 2 of Tract No. 1117 are under common
fee ownership by Lido Group Retail, LLC.
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 merged lots will be consistent with the applicable MU-W2 district regulations and
other regulations relating to the subject property. The resulting parcels will be 9,630
and 58,389 square feet in area, exceeding the minimum lot area requirements of 2,500
square feet, and no setback nonconformities would be directly created by the
proposed merger.
2. The Land Use Element of the General Plan designates the subject site as MU-W2
(Mixed-Use Water Related), which applies to waterfront properties in which marine-
related uses may be intermixed with general commercial, visitor-serving commercial
and residential dwelling units on the upper floors. The lot merger will allow for the
renovation of the existing retail buildings and parking structure on-site, consistent with
the intent of the MU-W2 land use designation.
3. The existing buildings at 3442 Via Lido, 3444 Via Lido, and 3505 Via Oporto are
nonconforming to the 0.5 floor area ratio (FAR) limit. Any future development of the
merged lots will be required to be consistent with MU-W2 (Mixed-Use Water Related)
standards, including floor area, parking, and setback requirements and other
applicable codes, regulations, and policies.
4. The lots are located within the coastal zone and the current uses conform to the MU-W
(Mixed-Use Water Related) land use designation.
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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. Neither of the merged parcels, nor the adjoining parcels, will be deprived of legal
access as a result of the merger. Legal access is provided from Via Lido and Via
Oporto and will remain unchanged.
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:
1. Lido Village consists of lots of varying size. The proposed lot merger would remove the
property lines on the subject property to permit the parcels as a single, unified site, and
would not result in a development pattern, inconsistent with the existing development in
Lido Marina Village.
Waiver of Parcel Map
In accordance with Section 19.08.030.A.3 (Waiver of Parcel Map Requirement) of the City of
Newport Beach Municipal Code, the Zoning Administrator may approve a waiver of the parcel
map requirement in cases where no more than three parcels are eliminated. The following
finding and facts in support of such finding are set forth:
Finding:
F. That 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 Title 19, the Zoning
Code, the General Plan, and any applicable Coastal Plan or Specific Plan
Facts in Support of Finding:
1. The proposed division of land complies with requirements related to area,
improvement and design, flood water drainage control, appropriate improved public
roads, sanitary disposal facilities, water supply availability, environmental protection
and other applicable requirements of Title 19 and Title 20 of the Newport Beach
Municipal Code and the General Plan.
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2. The lots are currently developed. Approval of the proposed lot merger would remove
the existing lot lines, and allow the property to be used as a single site for
development. The lot merger in and of itself would not change the land use, density,
and intensity. The proposed merged parcel would comply with all design standards
and improvements required for new subdivisions by Title 19, the Zoning Code, and
General Plan.
3. The proposed lot merger does not result in the elimination of more than three lots.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No.
LM2014-002 (PA2014-136), 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 10 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 16th DAY OF OCTOBER, 2014.
iretl Wisneski; AI P, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
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
current business owner, property owner or the leasing agent.
3. Prior to the issuance of final building permits 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. A hold harmless
agreement shall remain in place for permits issued until the lot merger is recorded.
4. Lot Merger No. LM2014-002 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.
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 the Lido Marina Village Lot Merger including, but not
limited to, Lot Merger No. LM2014-002 (PA2014-136). 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
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