HomeMy WebLinkAboutZA2016-003 - LOT MERGER - 109 Park Ave RESOLUTION NO. ZA2016-003
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER
LM2015-003 AND A WAIVER OF THE PARCEL MAP
REQUIREMENT FOR A LOT MERGER LOCATED AT 109 & 111
PARK AVENUE (PA2015-179)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by John and Sandra Wessman, with respect to property located
at 109 and 111 Park Avenue, described as portions of Lots 19 and 20, Block 1,
Resubdivision of Balboa Island, requesting approval of a lot merger.
2. The applicant proposes a lot merger and requests to waive the parcel map requirement
for two properties, under common ownership, located on the Balboa Island.
3. The subject properties are located within the Two-Unit Residential, Balboa Island (R-BI)
Zoning District and the General Plan Land Use Element category is Two-Unit Residential
(RT).
4. The subject properties are located within the coastal zone. The Coastal Land Use Plan
category is RT-E Two-Unit Residential.
5. A public hearing was held on January 14, 2016, 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. This project has been determined to be categorically exempt pursuant to the State
CEQA (California Environmental Quality Act) Guidelines under Class 15 (Minor Land
Divisions).
2. The project is categorically exempt under Section 15315, of the State CEQA
(California Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). 15
exemption includes the division of property in urbanized areas zoned for residential,
commercial, or industrial use into four (4) 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 (2) years, and the parcel does not have an average slope greater than 20
Zoning Administrator Resolution No. ZA2015-003
Facie 2 of 6
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.
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:
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 this title.
Facts in Support of Finding:
1. The lot merger to combine two existing legal lots by removing the interior lot line
between the lots 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 lot merger is consistent with the purpose and intent of Title 19 (Subdivisions).
The proposed merger will protect land owners and surrounding residents, and will
preserve the public health, safety, and general welfare of the City.
4. The future development on the proposed parcel will be subject to the Zoning Code
development standards.
Finding:
B. The lots to be merged are under common fee ownership at the time of the merger.
Facts in Support of Finding:
1. The two lots to be merged are under common fee ownership.
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.
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Zoning Administrator Resolution No. ZA2015-003
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Facts in Support of Finding:
1. The merged lot will retain the Two-Unit Residential, Balboa Island zoning designation,
consistent with the surrounding area. The R-BI Zoning District is intended to provide
for a maximum of two residential dwelling units (i.e., duplexes) located on a single
legal lot on Balboa Island.
2. Section 20.18.030 of the Zoning Code establishes minimum lot area and width
requirements. The proposed merger of the lots would create one 6,547 square-foot
parcel that will exceed the minimum lot standards of the Zoning Code.
3. The Land Use Element of the General Plan designates the subject site as Two-Unit
Residential (RT), which applies to a range of two family residential dwelling units such
as duplexes and townhomes. The Coastal Land Use Plan designates this site as
Two-Unit Residential (RT-E) which provides for density ranges from 30.0 - 39.9
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.
4. Future redevelopment of the property will provide vehicular access from the alley,
consistent with General Plan and Coastal Land Use Plan policies.
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:
1. The lots as merged will not be deprived of legal access as the merged lot will abut
a street and two alleys.
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 the public alleys.
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.
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Zoning Administrator Resolution No. ZA2015-003
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Facts in Support of Finding:
1. Existing Parcel 1 does not have a frontage on Park Avenue and is only accessible
from two alleys. The proposed lot merger will result in the elimination of the
substandard 1,422 square-foot parcel, which is significantly smaller than the
surrounding pattern of development and is unsuitable for construction of dwelling
units compatible with the neighborhood.
2. The resulting lot configuration will not change the existing pattern of development
as viewed from the Park Avenue street frontage since the lot expansion is
occurring at the rear of the lot.
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.
Facts in Support of Finding:
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.
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 Specific Plan.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves LM2015-003
(PA 2015-179), 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.
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PASSED, APPROVED, AND ADOPTED THIS 14th DAY OF JANUARY, 2016.
Patrick J. Alford, Zoning Administrator
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Zoning Administrator Resolution No. ZA2015-003
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The map shall be submitted to the Public Works Department for Final Map Review and
Approval. All applicable fees shall be paid.
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. Prior to the issuance of final building permits for construction to cross the existing
interior lot line between the two (2) parcels proposed to be merged, recordation of the
lot merger documents with the County Recorder shall be required.
4. Lot Merger No. LM2015-003 shall expire unless exercised within twenty-four(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 Wessman Lot Merger including, but not limited to,
Lot Merger No. LM2015-003 (PA2015-179). 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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