HomeMy WebLinkAbout03 - 2451 and 2455 Marino Drive Lot Merger - PA2016-087 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
July 28, 2016
Agenda Item No. 3
SUBJECT: Rooney Lot Merger (PA2016-087)
2451 and 2455 Marino Drive
• Lot Merger No. LM2016-006
APPLICANT: Peter and Mary Rooney
OWNER: Peter and Mary Rooney
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.
LM2016-006 (Attachment No. ZA 1).
DISCUSSION
• The two abutting lots are located at 2451 and 2455 Marino Drive and are each
developed with single-unit residences. The lot at 2451 Marino Drive is legally
described as Lot 73 of Tract 1140 and the lot at 2455 Marino Drive is legally
described as Lot 74 of Tract 1140.
1
Rooney Lot Merger
Zoning Administrator, July 28, 2016
Page 2
• The purpose of the lot merger is to legally merge the two parcels into one parcel to
allow for a future single-unit residence built over the existing interior property line.
• All construction will be required to comply with the Zoning Code standards,
including parking and setback requirements.
• The resulting parcel will have an area of 10,711 square feet and a lot width of
approximately 104 feet.
• The resulting parcel will comply with the Zoning Code requirements for Residential
Development Regulations (20.18.030) relating to minimum lot area for a corner lot
(6,000 square feet) and minimum lot width for a corner lot (60 feet).
• Properties in the Bay Shores neighborhood 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 2686 Bay Shore Drive (36,065 square feet), 2692
Bay Shore Drive (23,751 square feet), 2801 Circle Drive (13,522 square feet),
and 2508 Marino Drive (10,988 square feet).
• The proposed lot width is approximately 104 feet, which will not create an
excessively wide lot in comparison to other existing lots in the area. There are
existing lots in the surrounding development that exceed the proposed lot width,
including 2692 Bay Shore Drive (approximately 111 feet), 2686 Bay Shore Drive
(approximately 120 feet), and 2676 Bay Shore Drive (approximately 108 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.
TmpIt:10-02-15
Rooney Lot Merger
Zoning Administrator, July 28, 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 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
JWdI
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
TmpIt:10-02-15
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2016-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER NO.
LM2016-006 AND A WAIVER OF THE PARCEL MAP
REQUIREMENT FOR A LOT MERGER LOCATED AT 2451 AND
2455 MARINO DRIVE (PA2016-087)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Peter and Mary Rooney, with respect to property located at
2451 and 2455 Marino Drive. The lot at 2451 Marino Drive is legally described as Lot 73
of Tract 1140. The lot at 2455 Marino Drive is legally described as Lot 74 of Tract 1140.
2. The applicant proposes a lot merger and requests to waive the parcel map requirement
for two properties under common ownership.
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-B).
5. A public hearing was held on July 28, 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).
4. The future development on the proposed parcel will be subject to the Zoning Code
development standards, which are intended to promote orderly development,
protect neighborhood character, and preserve public health, safety, and general
welfare of the City.
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.
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
03-03-2015
Zoning Administrator Resolution No. ZA2016-###
Page 3 of 6
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-B), which provides for density ranges from 6.0-9.9
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 10,711 square-foot
parcel that will exceed the minimum 6,000-square foot corner lot area standard of the
Zoning Code. Also, the proposed merger of the lots would create one approximately
104-foot-wide parcel that will exceed the minimum 60-foot corner 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 Marino Drive, Crestview Drive, and from an ingress and
egress easement at the rear of the parcel, 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 in the Bay Shores neighborhood 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 2686 Bay Shore Drive (36,065 square feet), 2692 Bay Shore Drive
(23,751 square feet), 2801 Circle Drive (13,522 square feet), and 2508 Marino
Drive (10,988 square feet).
03-03-2015
Zoning Administrator Resolution No. ZA2016-###
Page 4of6
2. The proposed lot width is approximately 104 feet, which will not create an
excessively wide lot in comparison to other existing lots in the area. There are
existing lots in the surrounding development that exceed the proposed lot width,
including 2692 Bay Shore Drive (approximately 111 feet), 2686 Bay Shore Drive
(approximately 120 feet), and 2676 Bay Shore Drive (approximately 108 feet).
3. The resulting lot configuration will not change the existing pattern of development
since the orientation and access to the parcel would remain from the alley in 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 . 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.
2. The subject property is not subject to a Specific Plan.
3. Easements at the rear of parcel would remain in place for ingress, egress, public
utilities, and garbage collection.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No.
LM2016-006, 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
g
Zoning Administrator Resolution No. ZA2016-###
Page 5 of 6
PASSED, APPROVED, AND ADOPTED THIS 28" DAY OF JULY, 2016.
Patrick J. Alford, Zoning Administrator
03-03-2015
9
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. LM2016-006 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 Rooney Lot Merger including, but not limited to, Lot
Merger No. LM2016-006 (PA2016-087). 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
10
Attachment No. ZA 2
Vicinity Map
11
VICINITY MAP
a Project Site
a �
5
�aT - Arc,°'
Lot Merger No. LM2016-006
PA2016-087
2451 and 2455 Marino Drive
1�
Attachment No. ZA 3
Project Plans
is
EXHIBIT 'A' SHEET 1 OF 1
CITY OF NEWPORT BEACH
LOT MERGER No. LM2016-006
(Legal Description)
Owners Existing Parcels Proposed Parcels
AP Number Reference Number
PETER M. ROONEY AND MARY G. ROONEY
AS TRUSTEES OF THE P.AND M. ROONEY REVOCABLE 429-172-01 PARCEL 1
TRUST 429-172-02
PARCEL 1:
In the City of Newport Beach, County of Orange, State of California, being all of Lots 73 and 74 of Tract No. 1140, as
per a map filed in Book 36, Page 28 of Miscellaneous Maps, in the Office of the County Recorder of said Orange
County.
The above described parcel contains 0.245 Acres, more or less.
All as shown on Exhibit'B' attached hereto and by this reference made a part hereof.
LAND SGRLF
v VIKTOR P. o
MEUM PREPARED BY ME OR UNDER MY
* * DIREcnoN: 6-29-2oi6
SUBJECT TO EASEMENTS, COVENANTS,CONDITIONS, No. 8682 �T
RESTRICTIONS,
0THER MATTERS OF RECORRIGHTS,
D, 1FRIGHTS
OF 9�c�OF CAl
WAY,AND �FO�?
VIKTOR P. MEUM LS 8682
JN 16022
24
EXHIBIT 'B' SHEET 1 OF 1
CITY OF NEWPORT BEACH
LOT MERGER No. LM2016-006
(Map)
Owners Existing Parcels Proposed Parcels
AP Number Reference Number
PETER M.ROONEY AND MARY G. ROONEY
AS TRUSTEES OF THE P.AND M. ROONEY REVOCABLE 429-172-01 PARCEL 1
TRUST 429-172-02
COMPANY PRNTS ELIMINEARY REPORTS NOON ARE .860160PER 2197 AANGO DITLE
NO.
SCALE: 1"=50' 58601602198,DATED FEBRUARY 22,2016.
PER TRACT MAP R THMM PURPOSE FOR PUBLIC UTILITIES AS
G��� l4RJP 0 G6128.
RANTED TO EMENT SOUTHERN CAL FORNIA EDISON PERE FOR PUBLIC E 611114-16
OR(CENTERLINE ONLY).(WITHIN 1 FOOT OF CENTERLINE)
�O.
/ EASEMENTS FOR THE PURPOSE OF INGRESS,EGRESS AND
13 PAGPUBLIC E 98-1011TIES OR.(VAR ING WIDTHSER DOCUMENT)ECORDED IN BOOK 10574
14 PEDESTRIAN WALLK10'EASEMENT FORWAY PHE ER1OSE 12 0/1008-1012 OREGRESS AND
\ 15 GARBAEASGE COLLEECT ON PER NST NONT FOR THE PURPOSE F84 INGRESS,0OR.
RESS AND
TELEVISION SYSOTEM AND LANDSCAPING N
CAPING PER THE PURPOSE OFIST TY 84-042260
n'`QGCP° y,ry��o h 0h OR.
10'EASEMENT FOR THE PURPOSE OF PUBLIC UTILITIES
GRANTED TO THE CITY OF NEWPORT BEACH PER INST.
13 14 A \ ,�qR,1 19990503713 OR.
EASEMENTS PLOTTED FROM OTHER SOURCES.
s \ Rid Q EASEMENTS FOR PUBLIC UTILITY AND
INCIDI 0>0 / °s`sy F�J \ CITY OF NEWPORTOSES BEACH PER GRANTED
NO HE
ry 2003001088378 OR. / !
20' 20 Radia! ,t�/ O �yN h 5"
40' 13
14
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LEGEND: `����0 LAND 3URG��
EXISTING LOT LINE TO REMAIN VIKTOR P. p
— — — — EXISTING LOT LINE TO BE REMOVED ,k MEUM * PREPARED BY ME OR UNDER MY
DIRECTION ON: 6-29-2016
CURVE DATA N� N0. 8682
No. DELTA RADIUS LENGTH TAN
C1 58°1542 137.90 140.23 76,85 OF
CAL FO
C2 79-18-26-'1777.90- 1 39.73 20,06
C3 98'55'23" 20.00 34.53 23. 73 VIKTOR P. MEUM LS 8682
JN 16022
21
EXHIBIT 'C' SHEET 1 OF 1
CITY OF NEWPORT BEACH
LOT MERGER No. LM2016-006
(Map)
Owners Existing Parcels Proposed Parcels
AP Number Reference Number
PETER M.ROONEY AND MARY G. ROONEY
AS TRUSTEES OF THE P.AND M. ROONEY REVOCABLE 429-172-01 PARCEL 1
TRUST 429-172-02
EASEMENTS R��Q CLE
OMPANY PRE IMINARY REPORTS NOOTTED HERE ON ARE .86016PER CHICAGO
2197 AND NO.
SCALE: ® 1"=50' �,\ Q 58601602190 DATED FEBRUARY 22,2016.
CLVv/�c6�� 10'EASEMENT FOR THE PURPOSE FOR PUBLIC UTILITIES AS
PER TRACT MAP 1140,MM 36128.
EASEMENT FOR THE GRANTED TO SOUTHERN C�SE IFORNIA EDISONFOR PUBLIC TPERE 811114-16
OR(CENTERLINE ONLY).(WITHIN 1 FOOT OF CENTERLINE)
PUBLIC13 EASEMENTS FOR THE PURPOSE R EGRESS AND
PAGE 98 101 EASEMENTS
(VARYIER NG WIDTHS )CUMENT
RECORDED IN BOOK 10574
/ 14 PEDESTRIAN WALKWAY PER 112iO'EASEMENT FOR THE 0008 1012 OREGRESS AND
\ I S 10'EASEMENT FOR THE PURPOSE OF INGRESS,EGRESS AND
GARBAGE COLLECTION PER INST NO 84-280895 OR.
16 10'EASEMENT FOR THE PURPOSE OF COMMUNITY ANTENNA
J \ ry
TELEVISION SYSTEM AND LANDSCAPING PER INST 84-042260
hh \
h 17 10'EASEMENT FOR THE PURPOSE OF PUBLIC UTILITIES
^' O GRANTED TO THE CITY OF NEWPORT BEACH PER INST,
/ N
1314A
\ Mq n 1999050\13 OR.
6A119' f 'YO O EASEMENTS PLOTTED FROM OTHER SOURCES.
�ST0,� AND
INCIDENTAL PUEASEMETSO POSES GRANTPUBLIC ULITS TOP THE
\ CITY OF NEWPORT BEACH PER INST NO. Q
2003001088378 OR. /
20' 20'
'W' 13
LL, 14
I13. _ - - _ _
Na 14
LLI� I15s
v 17
II I20 I 20' � t3C� j �I I TO 1
LEGEND: 5�o LAND
EXISTING LOT LINE TO REMAIN VIKTOR P, p
— — — — EXISTING LOT LINE To BE REMOVED * MEUM * PREPARED BY ME OR UNDER MY
DIRECTION ON: b Z9 Z0�6
NOTE: BUILDINGS IN LOTS AND Uj, NO. 8682 \Q" I /
LOT 74 ARE TO BE REMOVEDED FOR Y/�///
NEW CONSTRUCTION. F
OF CAL\FO
VIKTOR P. MEUM LS 8682
JN 16022
10