HomeMy WebLinkAbout03 - 109 and 111 Park Avenue Lot Merger - PA2015-179 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
January 14, 2016
Agenda Item No. 3
SUBJECT: Wessman Lot Merger - (PA2015-179)
109 & 111 Park Avenue
• Lot Merger No. LM2015-003
APPLICANT: John and Sandra Wessman
OWNER: John and Sandra Wessman
PLANNER: David Lee, Planning Technician
(949) 644-3225
dlee@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: R-BI (Two-Unit Residential, Balboa Island)
• General Plan: RT (Two-Unit Residential)
PROJECT SUMMARY
A lot merger application and request to waive the parcel map requirement for two
properties, under common ownership, located within Balboa Island. The merger would
combine two legal lots into a single parcel.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Lot Merger No.
LM2015-003 (Attachment No. ZA 1).
DISCUSSION
• The application proposes to merge 109 and 111 Park Avenue, which are two
properties created through the reorientation of Lots 19 and 20. The underlying
legal lots were reoriented in 1944 prior to the City's adoption of subdivision code
in 1959. The two properties are considered two separate legal building sites.
1
2
Wessman Lot Merger
Zoning Administrator, January 14, 2016
Page 2
• 109 Park Avenue (APN 050 011 28) is described as Existing Parcel 2 and is the
northwesterly 83.50 feet of Lots 19 and 20 in Block 1 of Map of Resubdivision of
Section One of Balboa Island. Existing Parcel 2 is 5,125 square feet in area and
is developed with an existing single-family residence.
• 111 Park Avenue (APN 050 011 18) is described as Existing Parcel 1 and
consists of the remaining portions of Lots 19 and 20. Existing Parcel 1 is 1,422
square feet in area and is currently used as a parking area for the existing
residence on Existing Parcel 2.
• Existing Parcel 1 is irregular in shape, substandard in area, does not have a
frontage on Park Avenue, and is only accessible from two alleys.
The purpose of the lot merger is to combine the properties into one parcel to
accommodate a carport addition to the existing residence at 109 Park Avenue.
• The lots to be combined comply with Zoning Code required Residential
Development Regulations (20.18.030) relating to lot area and minimum lot width.
• The proposed lot merger will result in the elimination of a 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.
• 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.
As demonstrated in the attached draft resolution, the proposed merger meets the
requirements of Title 19 (Subdivisions).
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 (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 percent.
This exemption includes a minor lot merger not resulting in the creation of any new
parcel that complies with the conditions specified above.
TmpIt:10-02-15
Wessman Lot Merger
Zoning Administrator, January 14, 2016
Page 3
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
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:
David S. ee, Planning Technician
JM/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
TmpIt:10-02-15
J
Attachment No. ZA 1
Draft Resolution
5
0
RESOLUTION NO. ZA2016-
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-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 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-_
Page 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:
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 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.
03-03-2015
g
Zoning Administrator Resolution No. ZA2015-_
Page 3 of 6
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.
03-03-2015
9
Zoning Administrator Resolution No. ZA2015-_
Page 4of6
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.
03-03-2015
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Zoning Administrator Resolution No. ZA2015-_
Page 5 of 6
PASSED, APPROVED, AND ADOPTED THIS 14" DAY OF JANUARY, 2016.
Patrick J. Alford, Zoning Administrator
03-03-2015
22
Zoning Administrator Resolution No. ZA2015-_
Page 6 of 6
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
03-03-2015
12
Attachment No. ZA 2
Vicinity Map
13
14
VICINITY MAP
M .
Existing Parcel 2 J�
Existing Parcel 1 {
ti -
•+
Lot Merger No. LM2015-003 1L/
PA2015-179
109 & 111 Park Avenue
ss
10
Attachment No. ZA 3
Project Plans
2�
12
PA2015-179
EXHIBIT W
CITY OF NEWPORT B.E.,ACH
LOT LINEADJUSTMENT NO. LA OR
LOT MERGER NO. LM 2015 --
Exis"ll* PAP'r.r
I PROPOSED PARCEL
N L I td BEIR. "(EFERENCE NUMBERS
J'aHN VVESSMAN AND
SANDRA 'NESS10AN 18
jOHNI 'INESSiMAN AND 1350-0",1--28 PARCEL I
SANDRA WE<aAAN
EXISTING DESCRIPTION
A.P.N. 0%011-16.
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS:
LOTS 19 AND 20, BLOCK 1, RESUBDIVISION OF SECTION ONE OF BALBOA ISLAND,AS PER MAP IN
BOOK 6, PAGE 30,MISCELLANEOUSMAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, EXCEPT
FROM SAID LOTS 19 AND 20,THE NORTHEASTERLY 83.60 FEET,SAID 63.50 FEET BEING MEASURED
ALONG THE SOUTHEASTERLY SIDE OF SAID LOTS 19 AND 20.
A.P.N. 050-011-28
THE NORTHWESTERLY 83.50 FEET OF LOTS 19 AND 20 IN BLOCK 1 OF THE RESUBDIVISION OF
SECTION ONE, BALBOA ISLAND IN THE CITY OF NEWPORT BEACH,AS PER MAP RECORDED IN
BOOK 6, PAGE 30 OF MISCELLANEOUS MAPS IN THE OFFICE&THE coum-rY RECORDER OF
SAID COUNTY, SAID 83.50 FEET BEING MEASURED ALONG THE SOUTHEASTERLY SIDE OF SAID
LAND.
I AND
K
No.4459
tp
OF C
PARCEL 1: PROPOSED DESCRIPTION
PARCEL 1 OF LOT MERGER NO. LM 2015- RECORDED AS INSTRUMENT NO.2015 or
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY.
SEE EXHIBITS "B" HC"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
PA2015-179
EXHIBIT "B"
CITY OF NEWPORT BEACH
-
LOT LINE ADJUSTMENT NO. LA ; OR
LOT MERGER NO. LM
(MAP)
EXISTING PARCEL PROPOSED PARCEL.
OWNER NUMBER REFERENCE NUMBERS
JOHN WESSMAN AND PARCEL 1
SANDRA WESSMAN A.P.N. 050-011-18 PARCEL 1
JOHN WESSMAN AND PARCEL 2
SANDRA WESSMAN A.P.N. 050-011-28 PARCEL 1
MAP OF RESUBDIVISION OF SECTION OL. EMERALD AVE,
ONE OF BALBOA ISLAND, M.M. 6/30 j'' ,111,1,,
I,AjUQ
CL.PARK AVE. N54°02'00"W 'kD
60' WIDE PUBLIC
RIGHT OF WAYNo.459
,--N54'02" 0"
12000 9. w 10' oFCAI.iFC�\
A P N =050 `.?11 .28
5 .
Al'""-111"2`' ''i"' PARCEL 1 AREA=6547 SQ. FT.
10' WIDE PUBLIC
RIGHT OF WAY
I car
LEGEND
o. = 00
% ei
Irk
v( — PROPOSED BOUNDARY LINE
BOUNDARY LINE PER M.M. 6/30
o — EXISTING BOUNDARY LINE
44,747-`T- — EXISTING BOUNDARY LINE
°p TO BE DELETED
1 s yzl
in w [ ] INDICATES RECORD DATA PER
u-) 201 20001 91 873 O.R.
Lr) O RECORD DATA PER M.M. 6/30
0�' THIS MAP HAS BEEN
15' WIDE PUBLIC == PREPARED BY ME OR
RIGHT OF WAY �� U ER MY DIRE ! N
LOREN K. TOOMEY, P.L.S. 59
LICENSE RENEWAL DATE 9 0/117
THIS PLAN WAS PREPARED USING RECORD DATA SCALE V'-40'
PER THE RESUBDIVISION OF SECTION ONE OF BALBOA -
ISLAND, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED 0 40
IN BOOK 6, PAGE 30 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, EXCEPT AS NOTED SHEET 1 OF 1
20
PA2015-179
EXHIBIT "C"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA ; OR
LOT MERGER NO. L
(SITE PLAN)
EXISTING PROPOSED
OWNER. _PARCEL PARCEL NUMBER REFERENCE NUMBERS
JOHN WESSMAN- AND PARCE=L. 1
SANDRA WESSMAN A.P.N. 050--011-18 PARCEL 1
JOHN WESSMAN AND PARCEL 2
SANDRA WESSMAN A.P.N. 050--011--28 PARCEL i
60
PARCEL 2 4AE�i�1�G \ <� � T p> QFp� \\
2012000191873 O.R. -- �
APN 050 011 28 ° j
AREA=512_5 SQ. FT. `J' 4?S i p�<j
c M 0,,-, b q° ��f \� SIDEWALK
PARKING - EXISTING FE:NC;E/WALL
AREA 3 6' ` , - I IGUSE=
5.0'. __ S 1U9 PARK 1' S6
v'
op OF IlaRmHown1lowl
PARCEL 1 A OF SEC TOGN f RIF OF
1983000305814 OR - q /T-, f� LBa1A 8�i1
AF'N 050 011 18 yC' �� S wQ
AREA=1422 SCS. FT, r, 'A, � �� a� S �l.m. DAl
d
AWN
_j NO.4459 F
15, ?-3c- C-7
WIDE PUBLIC
PARCEL 1 AREA=6547 SQ. FT, RICHT OF WAY c CAlO��
LEGEND
--- LOT UNE PER M.M. 6/30
— PROPOSED BOUNDARY LINE SCALE 1 =40'.
---------EXISTING BOUNDARY LINE TO REMAIN ---.
-- —EXISTING BOUNDARY LINE TO BE DELETEED
REC0RD DATA PER '20120001911873, G.R. 0 40
( ) RECORD DATA PER M.M.6/30 � - SHEET 1 O