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Home My WebLink About03 - 121 and 125 McFadden Place Lot Merger - PA2014-205 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT y PLANNING DIVISION u 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 c`�LfFOR�,P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT December 11, 2014 Agenda Item No. 3 SUBJECT: 121 and 125 McFadden Place Lot Merger - (PA2014-205) 121 and 125 McFadden Place • Lot Merger No. LM2014-004 APPLICANT: Mario Marovic PLANNER: Benjamin M. Zdeba, Assistant Planner (949) 644-3253, bzdeba@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: MU-W2 (Mixed-Use Water Related) • General Plan: MU-W2 (Mixed-Use Water Related) PROJECT SUMMARY 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 parcels to be merged are under common ownership are located within McFadden Square. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. approving Lot Merger No. LM2014-004 (Attachment No. ZA 1). 1 V� QP �P 121 and 125 McFadden Place Lot Merger Zoning Administrator, December 11, 2014 Page 2 DISCUSSION • The two abutting lots, located in McFadden Square, are under common ownership. The project site is approximately 3,844 square feet in area and is currently developed with a commercial building comprised of two tenant spaces on the first floor and a small hotel on the second floor. • The applicant seeks to construct tenant improvements to combine the two first-floor tenant spaces and to construct an addition to the second-story hotel further across the interior property line for 121 and 125 McFadden Place. • Pursuant to Newport Beach Municipal Code Section 19.04.035 (Development Across Property Lines), no person shall develop any structure including, but not limited to, a principal or accessory structure across a lot line. The Lot Merger is required to combine the two lots effectively removing the interior property line between the two lots and allowing redevelopment of the existing structure. • The lot size and future uses are consistent with the General Plan, Local Coastal Plan, and the Zoning Code. • As demonstrated in the attached draft resolution, staff believes the proposed merger meets the requirements of Title 19 (Subdivisions), the findings for approval can be made, and the waiver of the parcel map requirement can be supported. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15315, of the State CEQA (California Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). 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 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 and complies with the conditions specified above. 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 before the scheduled hearing, consistent with the provisions of the Municipal TmpIt:04-17-14 3 121 and 125 McFadden Place Lot Merger Zoning Administrator, December 11, 2014 Page 3 Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD An appeal may be filed with the Director of Community Development within 10 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644-3200. Prepared by: Beja i M,Veba As ' tant Planner GR/bmz Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Site Photos ZA 4 Lot Merger Exhibits TmpIt:04-17-14 1 Attachment No. ZA 1 Draft Resolution 5 V� QP �P RESOLUTION NO. ZA2014- 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 7 Zoning Administrator Resolution No. ZA2014- 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: Findinq: 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 g Zoning Administrator Resolution No. ZA2014- 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 9 Zoning Administrator Resolution No. ZA2014- Page 4of6 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. 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. 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. 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. 07-22-2014 2� Zoning Administrator Resolution No. ZA2014- Page 5 of 6 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. 07-22-2014 21 Zoning Administrator Resolution No. ZA2014- 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 12 Attachment No. ZA 2 Vicinity Map 13 V� QP �P 2�- POI ✓�40 .. `o �Y ti Off• f`.� � � � t , � 1�'�r�. All Z6; NIL sIN i ry1^6 ' '..ter • / w. 10 - N .13 r. 4 `°ryoryJ O 1 yj \ ! �p70') ♦ 5�T � r _ 0GRr . •. '1`t i p i 9LE. ry0 O �' • J 2Y� .�t�F(�i. Y/ a ��', lOQ t .. �� M�ryoO(y , r `• \. V, t�. rJn- d d'Or.. ry O Newport Beach Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided,however,The City of GIS Newport Beach and its employees and agents disclaim any and all responsibility from or relating to ?Ean°Rr any results obtained in its use. e 0 100 200 Ft Imagery: 2009-2013 photos provided by Eagle u " Feet Imaging www.eagieaerial.com 11/25/2014 115 V� QP �P 2� Attachment No. ZA 3 Site Photos 17 V� QP �P sg :7iv4lj Ell inflelff1 1 1 It t � ` r MmL , � r • 7 4 � ti• ' r • -� - '~ •fir c�c. ' O-mr �' -�y — ..'-• V� QP �P �o PA2014-205 ( LM2014-004) t 1 - A _ lowqu C � .• O .•f , 6 r `� sem- ' - r ' + ' Y•�`; l+� � All Kf Att 0211612014 V� QP �P Attachment No. ZA 4 Lot Merger Exhibits 23 V� QP �P PA2014-205 Attachment No. ZA 4 - Lot Merger Exhibits EXHIBIT "A" CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. LA - -------; OR LOT MERGER NO. LM (LEGAL DESCRIPTION) OWNER EXISTING PARCEL PROPOSED PARCELS AP NUMBER REFERENCE NUMBERS MCFADDEN PLACE LLC 047-151-0142 1 PROPOSED LEGAL DESCRIPTION PARCEL 1 LOTS 15 AND 16 OF BLOCK 21 OF NEWPORT BEACH, COUNTY OF ORANGE, AS PER MAP RECORDED IN BOOK 3, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OR SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 16, SAID POINT ALSO BEING THE SOUTHEASTERLY LINE OF A PUBLIC ALLEY 10 FEET IN WIDTH; THENCE, ALONG THE NORTHEASTERLY LINE OF SAID LOTS 16 AND 15, SAID LINE ALSO BEING THE SOUTHEASTERLY OF SAID PUBLIC ALLEY, NORTH 550 17'30" EAST, 74.63 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 15, SAID POINT ALSO BEING ON THE SOUTHWESTERLY LINE OF MCFADDEN PLACE A PUBLIC STREET, 50 FEET IN WIDTH FROM CENTERLINE, SAID POINT BEING ON A CURVE HAVING A RADIUS OF 645.31 FEET CONCAVE TO THE WEST, A RADIAL LINE TO SAID POINT BEARS SOUTH 850 48' 14"WEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100 24'32" . AN ARC DISTANCE OF 117.23 FEET, SAID LINE ALSO BEING THE SOUTHERLY LINE OF MCFADDEN PLACE, SAID LINE ALSO BEING THE NORTHEASTERLY LINE OF SAID LOTS 15 AND 16, A RADIAL LINE TO SAID POINT BEARS NORTH 83°47' 14"WEST; THENCE, SOUTH 55° 17, 30" WEST, 6.26 FEET,ALONG THE SOUTHEASTERLY LINE OF SAID LOT 16, TO THE SOUTHWESTERLY CORNER OF SAID LOT 16; THENCE NORTH 34°42'30"WEST, 95.05 FEET ALONG THE SOUTHWEST LINE OF LOT 16, TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 3,843.82 SF OR 0.088 ACRES LEGAL DESCRIPTION WAS PREPARED BY ME AND IS BASED ON CRITERIA ESTABLISHED BY THE DIRECTOR OF PUBLIC WORKS AT THE REQUEST OF MCFADDEN PLACE, L.L.C. ON, OCTOBER 14, 2014. 9J 6L� LELAND F.JOHNSON R 13560 EXPIRES MARCH 31,2015 TITLE: LOT MERGERp(�4,4pNq 5 MC PLACE NEWPORT Qto"C'f NEWPORT BEAEA CHH,, CA 92663 ca /u(A/Il ✓ PREPARED BY: John NL Cnukshank Cormdtants,Inc. -u+ 0 411 N.HarborBtvd,SWte201 6 San Pedro,CA 90731 No.Exp .3-31-1-31-1 P:31.0.241.6550 13560 F.310.833.6555 pt IVA V .� GNI15naneLLmnx wwwjrr>r;2.coin OP CAV�� DATE PREPARED: 10/22/14 V� QP �P PA2014-205 Attachment No. ZA 4 - Lot Merger Exhibits EXHIBIT "B" CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. LA - ; OR LOT MERGER NO. LM (MAP) OWNER OWNER OWNER MCFADDEN PLACE LLC 139 o SCALE:1"=30' n8,89' e9s8 OFNA�C LOT 15 F ^ / Ln ZN1 Z ---- 1-� ------------------- �7>2 IW co 10' o N34042'30'W w N LOT 16 U) Q P.O.B. h i N55017'30"E rn Z F- N34°42'30'W RC 95.05' 6.26' N N O (171 �ryrO i O N 17 N LEGEND P.O.B. POINT OF BEGINNING TITLE: LOT MERGER 121-125 MCFADDEN PLACE e F NEWPORT BEACH, CA 92663 PREPARED BY: 0 John NL Cruikshank Consultants,Inc. l I 0, 411 N.Harbor 131vd,Suite 201 Exp .3-31-16 San rear,CA 90731 No. 13560 P:310.241.6550 F:310.833.6555 .Jp C►VIL wwwjmo-2.cotn OP CAV\� Civil l�iYaimi�.4 Sney/w DATE PREPARED: 10/22/14 V� QP �P �g PA2014-205 Attachment No. ZA 4 - Lot Merger Exhibits EXHIBIT "C" CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. LA - ------- OR LOT MERGER NO. LM - -------- ---------- (SITE PLAN) OWNER OWNER OWNER MCFADDEN PLACE LLC 130' / / iCID BUILDING `sAS�40Q S1i H LOT 15 7 Z)v / LU 2ND STORY A ^aj Lu- BUILDING LINE-\.._ _ �C SCALE: 1"=30' F- cbvi/ � - -------------------------- �7) LU .4)/ r)- 2�. LU �/ H w LOT 16 / u)Z BUILDING BUILDINGLINEr n N I . N55017'30"E z N34042'30"W 95.05' ' 6.26' N ANGLE PT. BLDG BUILDING IS SAME AS ANGLE 10' PT ON PROPERTY LINE LOT 17 OU Q ACCESS STAIR a TO 2ND STORY `^ LOT 18 BLDG LINE TITLE: LOT MERGER �pF6S3ppq 121-125 MCFADDEN PLACE Eton NEWPORT BEACH, CA 92663 PREPARED BY: John M Cruikshank Consultants,Inc. ` " 411 N.Harbor Blvd, Suite 201 Exp .3- 1-15 San Pedro,CA 90731 N 0. 13560 P-.310.241.6550 F:310.833.6555 V1 ct,m wwwjmc-2.com OF CA�� „�daY m sm"y,�x DATE PREPARED: 10/22/14 Zoning Administrator - December 11, 2014 Item No. 3a: Additional Materials Received 121 and 125 McFadden Place Lot Merger LM2014-205 (PA2014-205) Zoning Administrator December 11, 2014 Revised Finding `E' 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. 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.