HomeMy WebLinkAboutZA2015-002 - A lot merger application and a request to waive the parcel map requirement to combine four legal lots into a single parcel for the future medical office development. - 328 Old Newport Blvd RESOLUTION NO. ZA2015-002
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 FOUR LOTS INTO A SINGLE PARCEL FOR
PROPERTY LOCATED AT 328, 332, AND 340 OLD NEWPORT
BOULEVARD (PA2014-218)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Fuscoe Engineering with respect to property located at 328,
332, and 340 Old Newport Boulevard, legally described as a Lots 8, 9, 10, and 11 of
Tract 1136 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 four lots into a single parcel for future office development.
3. The subject properties are located within the OG (Office General) Zoning District and the
General Plan Land Use Element category is CO-G (General Commercial Office).
4. The subject properties are not located within the coastal zone.
5. A public hearing was held on January 15, 2015, 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.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. All significant environmental concerns for the proposed project have been addressed in
the Old Newport Boulevard General Plan Amendment (PA2008-047) Mitigated Negative
Declaration (MND) previously adopted by the City Council on March 9, 2010, and that the
City of Newport Beach intends to use said document for the above noted project. The
MND indicates that the proposed project and future office development will not result in a
significant effect on the environment and further that there are no additional mitigation
measures that should be considered in conjunction with said project. Copies of the
previously prepared environmental document are available for public review and
inspection at the Planning Division or at the City of Newport Beach website under
Archived Environmental Documents at www.newportbeachca.gov/cegadocuments.
Zoning Administrator Resolution No. ZA2015-002
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SECTION 3. REQUIRED FINDINGS.
Mercer 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. 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 and the demolition of the existing structures, the proposed new office building can
be constructed on the project site in conformance with the Code and City Council
Resolution No. 2010-21.
2. The project is similar to the development of other properties on Old Newport Boulevard
which have merged smaller lots into larger development sites; 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. Future building 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.
Facts in Support of Finding:
1. Lots 9, 10, and 11 are held under the ownership of Emanuel Shaoulian as his sole and
separate property. Lot 8 is held under the 70 percent ownership of Emanuel Shaoulian
as trustee of the Shaoulian Revocable Living Trust and 30 percent ownership of Sameul
M. Shaolian and Rozita Shaolian, Co-Trustees of the Samuel M. and Rozita Shaolian
Family Trust.
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Zoning Administrator Resolution No. ZA2015-002
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2. A condition of approval has been added requiring the four lots to be held under common
fee ownership prior to the recordation of the lot merger.
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 OG district regulations and other
regulations relating to the subject property. The resulting parcel will be approximately
25,725 square feet in area, exceeding the minimum lot area requirements of 5,000
square feet.
2. The Land Use Element of the General Plan designates the subject site as CO-G
(General Commercial Office), which is intended to provide for administrative,
professional, and medical offices with limited accessory retail and service uses. The lot
merger will allow for the redevelopment of the site with a medical office development,
consistent with the intent of the CO-G land use designation.
3. The project implements the development condition of Anomaly Site No. 76 in the Land
Use Element of the General Plan, which authorizes a floor area ratio (FAR) of 1.0,
provided that all four legal lots are consolidated into one parcel to provide future
unified site design.
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 will remain from the street frontage of
Old Newport Boulevard and from the alley at the rear.
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.
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Facts in Support of Finding:
1 . The Old Newport corridor of the City consists of office and commercial service
developments on 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
on Old Newport Boulevard.
2. Consolidation of the lots would allow for future unified development of the site,
reducing the number of vehicular access points on Old Newport Boulevard and
increasing on-street parking opportunities.
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 25,725 square feet
square feet in area which is compliant with the Zoning Code requirement of 5,000
square feet for a newly created parcel within the OG 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 Old Newport Boulevard and alley access
off rear; 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.
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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.
LM2014-005 (PA2014-218), 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 15TH DAY OF JANUARY, 2015.
re d Wisneski, At 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 recordation of the lot merger, the four lots shall be held entirely under one
common fee ownership.
4. Prior to the issuance of building permits allowing construction to cross the existing
interior lot lines between the four lots proposed to be merged, recordation of the lot
merger documents with the County Recorder shall be required.
5. Lot Merger No. LM2014-005 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.
6. 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 Shaoulian Lot Merger including, but not limited to,
Lot Merger No. LM2014-005 (PA2014-218). 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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