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HomeMy WebLinkAboutZA2014-046 - LOT MERGER - 121 Mc Fadden Pl RESOLUTION NO. ZA2014-046 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM2014-004, WAIVING THE PARCEL MAP REQUIREMENT, AND COMBINING TWO LOTS INTO A SINGLE PARCEL FOR PROPERTY LOCATED AT 121 AND 125 MCFADDEN PLACE (PA2014-205) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mario Marovic with respect to property located at 121 and 125 McFadden Place, legally described as a Lots 15 and 16, Block 21 of the Newport Beach Tract within the City of Newport Beach, County of Orange, State of California. 2. The applicant proposes a lot merger application and a request to waive the parcel map requirement to combine two lots into a single parcel for the continuation of nonresidential development. The lots to be merged are under common ownership located within McFadden Square. 3. The subject properties are 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 properties are 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 December 11, 2014, in the Corona del Mar Conference Room (Bay E-1st 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. 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 parcel to local standards are Zoning Administrator Resolution No. ZA2014-046 Page 2 of 6 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 a two-story nonresidential structure, which crosses the interior property lines of Lots 15 and 16, Block 21 of the Newport Beach Tract. 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 structure onsite can proceed in conformance with the Building Code. 2. The project is similar to the development of other properties in the McFadden Square area and on the Balboa Peninsula, 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 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 City policies. Finding: B. The lots to be merged are under common fee ownership at the time of the merger. 07-22-2014 Zoning Administrator Resolution No. ZA2014-046 Page 3 of 6 Facts in Support of Finding: 1. Lots 15 and 16, Block 21 of the Newport Beach Tract are under common fee ownership by McFadden Place, 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 parcel will be approximately 3,844 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 commercial and visitor-serving commercial uses within the structure, consistent with the intent of the MU-W2 land use designation. 3. The existing building at 121 and 125 McFadden Place is nonconforming to the 0.5 floor area ratio (FAR) limit. Any future redevelopment 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. 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 McFadden Place and West Ocean Front Alley and will remain unchanged. 07-22-2014 Zoning Administrator Resolution No. ZA2014-046 Page 4 of 6 Findinq: 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. Facts in Support of Finding: 1. McFadden Square consists of lots of varying size. The proposed lot merger would remove the interior property line between the subject properties to permit the parcel as a single, unified site, and would not result in a development pattern, inconsistent with the existing development in McFadden Square. 2. As currently configured the individual lots do not meet the minimum area standard of 2,500 square feet stipulated by the Zoning Code for the MU-W2 Zoning District. The proposed lot merger will result in a parcel that is approximately 3,844 square feet in area, exceeding the minimum lot area requirement. 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 lot merger will result in a parcel that is approximately 3,844 square feet in area which is compliant with the Zoning Code requirement of 2,500 square feet for a newly created parcel within the MU-W2 district. 2. The lots are currently developed. Approval of the proposed lot merger would remove the existing interior lot line, and allow the properties 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. 07-22-2014 Zoning Administrator Resolution No. ZA2014-046 Page 5 of 6 3. The proposed parcel will have a frontage on McFadden Place and alley access off of West Ocean Front Alley; therefore, the proposed lot merger will not result in a deprivation of legal access. 4. The proposed lot merger does not result in the elimination of more than three lots. 5. Any improvements to the project site are required to comply with applicable Municipal Code regulations and City policies. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No. LM2014-004 (PA2014-205), 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 11TH DAY OF DECEMBER, 2014. #redisneski, Al P, Zoning Administrator 07-22-2014 Zoning Administrator Resolution No. ZA2014-046 Page 6 of 6 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. LM2014-004 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 121 and 125 McFadden Place Lot Merger including, but not limited to, Lot Merger No. LM2014-004 (PA2014-205). 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 07-22-2014