Loading...
HomeMy WebLinkAboutZA2016-013 - LOT MERGER TO MERGE TWO CONTIGUOUS LOTS FOR AN ADDITION TO EXISTING SFR - 301 Via Lido Soud RESOLUTION NO. ZA2016-013 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 SOUD (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-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. 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. ZA2016-013 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: 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 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. ZA2016-013 Pape 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. ZA2016-013 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. ZA2016-013 Page 5 of 6 PASSED, APPROVED, AND ADOPTED THIS 24th DAY OF MARCH, 2016. Patrick J. Alford, Zoning Administrator 03-03-2015 Zoning Administrator Resolution No. ZA2016-013 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