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HomeMy WebLinkAbout03 - 301 and 305 Via Lido Soud Lot Merger - PA2016-027 U ? COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive,P.O. Box 1768,Newport Beach, CA 92658-8915 Cq�IFORN`P 949-644-3200 Fax: 949-644-3229 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT March 24, 2016 Agenda Item No. 3 SUBJECT: Feuerstein Lot Merger (PA2016-027) 301 and 305 Via Lido Soud • Lot Merger No. LM2016-001 APPLICANT: Roberta Feuerstein OWNER: Roberta Feuerstein PLANNER: David Lee, Planning Technician 949- 644-3225, dlee@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: R-1 (Single-Unit Residential) • General Plan: RS-D (Single-Unit Residential Detached) PROJECT SUMMARY A lot merger application and request to waive the parcel map requirement for two properties, under common ownership. 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. LM2016-001 (Attachment No. ZA 1). DISCUSSION • The two abutting lots are located at 301 and 305 Via Lido Soud. The lot at 301 Via Lido Soud is legally described as the Southeasterly 35 feet of Lot 900. The lot at 305 Via Lido Soud is legally described as Lot 901 of Tract No. 907. Feuerstein Lot Merger Zoning Administrator, March 24, 2016 Page 2 • The two parcels are currently held together as a single building site through a Covenant and Agreement (OR 19970438487), with a portion of existing dwelling crossing the interior lot line between the two parcels. • The purpose of the lot merger is to legally merge the two parcels into one parcel to allow for the future addition to the existing single-unit dwelling. • The resulting parcel will measure 65 feet by 90 feet with an area of 5,850 square feet. • All construction will be required to comply with the Zoning Code standards, including parking and setback requirements. • The resulting parcel will comply with the Zoning Code required Residential Development Regulations (20.18.030) relating to minimum lot area (5,000 square feet) and minimum lot width (50 feet). • Properties on Lido Island consist of lots of varying shapes and sizes. Although the proposed lot merger will create a larger lot, it will not create an excessively large lot in comparison to many of the existing lots in the area. There are many existing lots in the surrounding development that exceed the proposed lot area, including 309 Via Lido Soud (9,450 square feet), 200 Via Dijon (6,884 square feet), and 121 Via Florence (6,863 square feet). • 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). 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. 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- Tmplt:l0-02-15 Feuerstein Lot Merger Zoning Administrator, March 24, 2016 Page 3 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 or call for review 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. Lee, Planning Technician JM/dl Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans TmpIt:10-02-15 Attachment No. ZA 1 Draft Resolution RESOLUTION NO. ZA2016-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM2016-001 AND A WAIVER OF THE PARCEL MAP REQUIREMENT FOR A LOT MERGER LOCATED AT 301 & 305 VIA LIDO SOLID (PA2016-027) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Roberta Feuerstein, with respect to property located at 301 and 305 Via Lido Soud. The lot at 301 Via Lido Soud is legally described as the Southeasterly 35 feet of Lot 900. The lot at 305 Via Lido Soud is legally described as Lot 901 of Tract No. 907. 2. The applicant proposes a lot merger and requests to waive the parcel map requirement for two properties, under common ownership, located on the Lido Island. 3. The subject properties are located within the Single-Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single-Unit Residential Detached (RS-D). 4. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached (RSD-C). 5. A public hearing was held on March 24, 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. The project is categorically exempt under Section 15315, of the State CEQA (California Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). 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. Zoning Administrator Resolution No. ZA2016- Page 2 of 6 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 by consolidating two substandard lots into a conforming parcel. 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 Zoning Administrator Resolution No. ZA2016- Page 3 of 6 Facts in Support of Finding: 1. The merged lots will retain the Single-Unit Residential (R-1) zoning designation, consistent with the surrounding area. The R-1 Zoning District is intended to provide for areas appropriate for a detached single-family residential dwelling unit located on a single lot. 2. The Land Use Element of the General Plan designates the subject site as Single-Unit Residential Detached (RS-D), which applies to a range of single-family residential dwelling units. The Coastal Land Use Plan designates this site as Single-Unit Residential Detached (RSD-C) which provides for density ranges from 10.0-19.9 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. 3. The subject property is not located within a Specific Plan area. 4. Section 20.18.030 of the Zoning Code establishes minimum lot area and width requirements. The proposed merger of the lots would create one 5,850 square-foot parcel that will exceed the minimum 5,000-square foot lot area standard of the Zoning Code. Also, the proposed merger of the lots would create one 65 foot wide parcel that will exceed the minimum 50 foot lot width standard of the Zoning Code. 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. No adjoining parcels will be deprived of legal access as a result of the merger. Legal access is provided from the front of the property along Via Lido Soud and will remain unchanged. 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 . Properties on Lido Island consist of varying shapes and sizes. Although the proposed lot merger will create a larger lot width, it will not create an excessively large lot in comparison to many existing lots surrounding the subject property. There are many existing lots in the surrounding development that exceed the 03-03-2015 Zoning Administrator Resolution No. ZA2016- Page 4 of 6 proposed lot area, including 309 Via Lido Soud (9,450 square feet), 200 Via Dijon (6,884 square feet), and 121 Via Florence (6,863 square feet). 2. 301 and 305 Via Lido Soud are currently utilized as a single parcel and building site per Covenant and Agreement OR 19970438487. The lot merger will legally merge the two parcels into one building site. 3. The resulting lot configuration will not change the existing pattern of development since the orientation and access to the parcel would remain from Via Lido Soud. 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 Lot Merger No. LM2016-001, 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 Zoning Administrator Resolution No. ZA2016- Page 5 of 6 PASSED, APPROVED, AND ADOPTED THIS 24t' DAY OF MARCH, 2016. Patrick J. Alford, Zoning Administrator 03-03-2015 Zoning Administrator Resolution No. ZA2016- 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 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. LM2016-001 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 Feuerstein Lot Merger including, but not limited to, Lot Merger No. LM2016-001 (PA2016-027). 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 Attachment No. ZA 2 Vicinity Map VICINITY MAP A�0 ' 6 Project Site ' Hifi. fl Lot Merger No. LM2016-001 PA2016-027 301 and 305 Via Lido Soud Attachment No. ZA 3 Project Plans PA2016-027 EXHIBIT 6i/'6Y p CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. Lao ®R LOT MERGER NO. LM LEGAL DESCRIPTION OWNER EXISTING PARCEL PROPOSED PARCELS AP NUMBER REFERENCE NUMBERS ROBERTA FEUERSRTN, TRUSTEE OF THE 423-141-07 (SOUTHEASTERLY 35.00 FEET PARCEL 1 ROBERTA FEUERSTETN TRUST DATED JULY 9, 1983 OF LOT 900, TRACT 907) ARNOLD D. FEUERSTEIN TRUSTEE OF THE ARNOLD 423-141-09 (LOT 901, TRACT 907) PARCEL 1 FEUERSTEIN TRUST UTA DTD APRIL 13, 1982 DESCRIPTION OF AP NUMBER 423-141-07 & 423-141-09 REAL PROPERTY IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 35.00 FEET OF LOT 900 OF TRACT 907 AS PER MAP RECORDED IN BOOK 28, PAGES 25 TO 36, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 423-141-07 REAL PROPERTY IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 901 OF TRACT 907, IN THE CITY OF NEWPORT BEACH, AS PER MAP RECORDED IN BOOK 28, PAGES 25 TO 36, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 423-141-09 THE EXIST LOTS ARE LOCATED ON THE WESTERLY SIDE OF VIA LIDO SOLID ABOUT 15 FEET NORTHERLY OF VIA DIJON. ���p IAND Sp9` NO.40 a THIS DESCRIPTION HAS BEEN PREPARED BY ME OR U Y DIRECTION �i1 ✓% /�I J gTFOF C AUF�QeI DONALD G. BAKER, L.S. 4683 MY LICENSE EXPIRES 9/30/17 F:'UserslCDD6SF-redlNdminl b—M—DwisinnVAPPfiwbmUA&LMWfo.da UmWed 821113 PA2016-027 � EXHIBIT iiB99 CITY NEWPORT EYYPO®T BEACH LOT LINE ADJUSTMENT NO. LA OR LOT MERGER NO. LM MAP OWNER OWNER OWNER ROBERTA FEUERSTEIN, TRUSTEE OF THE 423-141-07 (SOUTHEASTERLY 35.00 FEET PARCEL 1 ROBERTA FEUERSTEIN TRUST DATED JULY 9, 1983 OF LOT 900, TRACT 907) ARNOLD D. FEUERSTEIN TRUSTEE OF THE ARNOLD 423-141-09 (LOT 901, TRACT 907) FEUERSTEIN TRUST UTA 07D APRIL 13, 1982 PARCEL 1 VIA DIJON 214L' 17 12 BASIS OF BEARINGS: 1 I CENTERLINE (V OF VIA LIDO SOLID IN FRONT OF LOTS 896-902, INCLUSIVE, VIA LIDO SOUD PER TRACT MAP 907. N N V� uS N tV _ N2730'00'W 65.00' 35.00' 30.00' I PARCELI 1 NET AREA=5850 c SO. FT.I o 0 � I o w W Of N 0o I o h 35.00' I 30.00' N2730'00'W 65.00' BULKHEAD LINE LEGEND: QQ�O �A(dp sU9` PROPOSED PARCEL UNE G4' QPM G'ey F< — — — — —— LOT LINE TO BE REMOVED ern s EXISTING LOT LINE _ ® NO q� � d< Ep.D�e"1 7 THIS DESCRIPTION ESCRIPTIONMY HAS BEEN PREPARED BY ME OR LIKICA`\�OQ�\� DONALD G. 'BAKER, L.S. 4683 MY LICENSE EXPIRES 9/30/17 F:Ws='CDDXSMMAA&rdnW WNng-D-isbn'APPEcaUw IA&LMUnfo.d= - UpdaWd8/21/13 PA2016-027 EXHIBIT ESC97 CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. LA OR LOT MERGER NO. LM SITE PLAN OWNER OWNER OWNER ROBERTA FEUERSTEIN, TRUSTEE OF THE 423-141-07 SOUTHEASTERLY 35.00 FEET PARCEL 7 ROBERTA FEUERSTEIN TRUST DATED JULY 9, 1983 OF LOT 900, TRACT 907) ARNOLD 0. FEUERSTEIN TRUSTEE OF THE ARNOLD 423-141-09 (LOT 901, TRACT 907) FEUERSTEIN TRUST UTA DTD APRIL 13, 1982 PARCEL 1 VIA DIJON 24 12' 72' BASIS OF BEARINGS: � CENTERLINE (V OF VIA LIDO SOLID IN FRONT OF LOTS 896-902, INCLUSIVE, VIA LIDO SOLID N PER TRACT MAP 907. N N _ N 7 N N N2730-00'W 65.00' N 35.0 ' 30.00' 3' o ^ O a > 2 F rn � rn O ¢¢ fA O O p O y�Opi G f- O N j0 0 N JOEn GAO y SGPT. 3' 35.00 30.00' N2730'00°W 65.00' BULKHEAD LINE ���p LAND Sp90 o �m T� N0.4683 x THIS DESCRIPTION HAS BEEN PREPARED BY ME OR V3011'r UN R MY DIRECTION 9�FOF MY�Q� DONALD G. BAKER, L.S. 4683 MY LICENSE EXPIRES 9/30/17 F:1Users1CDDLSharedigdminlPlannin�Div¢ipnlppplke6p�rsllpgLMllMo.docz UDdated 921113