HomeMy WebLinkAboutZA2017-052 - LOT MERGER - 626 Seaward RdRESOLUTION NO. ZA2017-052
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER NO.
LM2017-003 AND A WAIVER OF THE PARCEL MAP
REQUIREMENT FOR A LOT MERGER LOCATED AT 626
SEAWARD ROAD (PA2017-071)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by John McNeely, on behalf of the owner Joseph Ueberroth, with
respect to three properties located at 626 Seaward Road. The lot at 626 Seaward Road is
legally described as Lot 164 of Tract 1237, Corona Highlands. The lot to the east of 626
Seaward Road, which shares the same address, is legally described as Lot 18 of Tract
14795. The unaddressed lot to the northeast (APN 473-011-21) is legally described as a
portion of Lot A of Tract No. 13703 (Parcel 1 of Certificate of Compliance 92-02).
2. The applicant proposes a lot merger and requests to waive the parcel map requirement for
three properties under common ownership.
3. The subject properties are located within the Single -Unit Residential (R-1-6000) 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 -A).
5. A public hearing was held on July 13, 2017, 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.
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.
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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 three existing lots by removing the interior lot lines 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 three parcels 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:
The merged parcels will retain the Single -Unit Residential (R-1-6000) zoning
designation, consistent with the surrounding area. The R-1-6000 Zoning District is
intended to provide for areas appropriate for a detached single-family residential
dwelling unit located on a single lot.
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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 -A), which provides for density ranges from 0.0-5.9 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 would result in a 15,577 -square -foot parcel that is
in conformance to the minimum 6,000 -square foot interior lot area standard of the
Zoning Code. Also, the proposed merger would create one approximately 101 -foot -
wide parcel, exceeding the minimum 60 -foot interior 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 Seaward Road, and will remain unchanged.
Finding-
E.
indin :
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:
Properties along Seaward Road 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 are similar to the proposed lot area,
including 433 Isabella Terrace (29,289 square feet), 440 Rivera Terrace (11,440
square feet), and 436 Rivera Terrace (11,416 square feet).
2. The proposed lot width is approximately 101 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 similar to the proposed lot width, including 433 Isabella
Terrace (approximately 170 feet), 432 Isabella Terrace (approximately 86 feet), and
429 Isabella Terrace (approximately 78 feet).
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3. Although the current configuration is three parcels, the property is used as a single
parcel with one single-family residence. As a result, the proposed merger will not
result in a visible change in character to the neighborhood and will continue to allow
the property to be used for single-family purposes.
4. The resulting lot configuration will not change the existing pattern of development
since the orientation and access to the parcel would remain from the Seaward Road.
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:
Approval of the proposed lot merger would remove the existing interior lot lines, 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.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No.
LM2017-003, 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.
PASSED, APPROVED, AND ADOPTED THIS 13th DAY OF JULY, 2017.
Patrick J. Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
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 three (3) parcels proposed to be merged, recordation of the lot merger
documents with the County Recorder shall be required.
4. The 6 -foot wide water line easement, identified as No. 8 on Lot Merger No. LM2017-
003, shall be recorded prior to recordation of LM2017-003.
5. All easement documents shall be provided upon final map review.
6. Lot Merger No. LM2017-003 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.
7. 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 Ueberroth Lot Merger including, but not limited to, Lot Merger No. LM2017-
003 (PA2017-071). 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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