HomeMy WebLinkAbout03_Alt-Tuwaijri Lot Merger_PA2017-100COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 28, 2017
Agenda Item No. 3
SUBJECT: Alt-Tuwaijri Lot Merger (PA2017-100)
552 Seaward Road
• Lot Merger No. LM2017-004
APPLICANT: Holly Rose
OWNER: Mohammed Alt-Tuwaijri
PLANNER: David Lee, Planning Technician
949-644-3225, dlee@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: R-1-6000 (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 parcels,
under common ownership. The merger would combine the two parcels into a single parcel
to allow for future improvements across the existing interior property line.
RECOMMENDATION
1) Conduct a public hearing; and
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15315 (Minor Land Divisions) of the CEQA Guidelines, because
it has no potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No._ approving Lot Merger No. LM2017-
004 (Attachment No. ZA 1).
1
Alt-Tuwaijri Lot Merger
Zoning Administrator, September 28, 2017
Page 2
An application was filed by Holly Rose, on behalf of the owner Mohammed Alt-
Tuwaijri, with respect to two properties located at 552 Seaward Road. The lot at 552
Seaward Road is legally described as Lot 178 of Tract 1237, Corona Highlands. The
lot to the east of 552 Seaward Road, which shares the same address, is legally
described as Lot 4 of Tract 14795.
The purpose of the lot merger is to legally merge the two parcels into one parcel to
allow for future improvements across the existing interior property line.
• All construction will be required to comply with the Zoning Code standards, including
parking and setback requirements.
Section 20.18.030 of the Zoning Code establishes minimum lot area and width
requirements. The proposed merger would result in a 11,588 -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 72 -foot -
wide parcel, exceeding the minimum 60 -foot interior lot width standard of the Zoning
Code.
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).
The proposed lot width is approximately 72 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).
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
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Alt-Tuwaijri Lot Merger
Zoning Administrator, September 28, 2017
Page 3
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-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
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ZA 1
Draft Resolution
ZA 2
Vicinity Map
ZA 3
Project Plans
3
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2017-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER NO.
LM2017-004 AND A WAIVER OF THE PARCEL MAP
REQUIREMENT FOR A LOT MERGER LOCATED AT 552
SEAWARD ROAD (PA2017-100)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Holly Rose, on behalf of the owner Mohammed Alt-Tuwaijri,
with respect to two properties located at 552 Seaward Road. The lot at 552 Seaward Road
is legally described as Lot 178 of Tract 1237, Corona Highlands. The lot to the east of 552
Seaward Road, which shares the same address, is legally described as Lot 4 of Tract
14795.
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-1-6000) 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 September 28, 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.
5
Zoning Administrator Resolution No. ZA2017-###
Pape 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 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 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:
1. 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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Zoning Administrator Resolution No. ZA2017-###
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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.
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 11,588 -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 72 -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. The lots as merged will be consistent with the pattern of development nearby and will
not result in a lot width, depth or orientation, or development site that is incompatible
with nearby lots. In making this findings, the review authority may consider the following:
a. Whether the development of the merged lots could significantly deviate from the
pattern of development of adjacent and/oradjoining lots in a manner that would result
in an unreasonable detriment to the use and enjoyment of other properties.
b. Whether the merged lots would be consistent with the character or general
orientation of adjacent and/or adjoining lots.
c. Whether the merged lots would be conforming or in greater conformity with the
minimum lot width and area standards for the zoning district.
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 exceed 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).
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Zoning Administrator Resolution No. ZA2017-###
Paqe 4 of 6
2. The proposed lot width is approximately 72 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 433 Isabella
Terrace (approximately 170 feet), 432 Isabella Terrace (approximately 86 feet), and
429 Isabella Terrace (approximately 78 feet).
3. Although the current configuration is two 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.
Waiver of Parcel Ma
In accordance with Section 19.08.30.A.3 (Waiver of Parcel Map Requirement) of the Newport
Beach Municipal Code, the Zoning Administrator may approve a waiver of the parcel map
requirement in cases where no more than three (3) parcels are eliminated. The following finding
and facts in support of such finding are set forth:
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.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No.
LM2017-004, 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
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2
Zoning Administrator Resolution No. ZA2017-###
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in accordance with the provisions of Title 19 (Subdivisions) of the Newport Beach
Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 281h DAY OF SEPTEMBER, 2017.
Patrick J. Alford, Zoning Administrator
03-03-2015 p,
1
Zoning Administrator Resolution No. ZA2017-###
Page 6 of 6
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 two (2) parcels proposed to be merged, recordation of the lot merger
documents with the County Recorder shall be required.
4. All easement documents shall be provided upon final map review.
5. Lot Merger No. LM2017-004 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.
6. 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 Alt-Tuwaijri Lot Merger including, but not limited to, Lot Merger No.
LM2017-004 (PA2017-100). 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
Lot Merger No. LM2017-004
PA2017-100
552 Seaward Road
12
Attachment No. ZA 3
Project Plans
Tmple 10-02-15
13
EXHIBIT "A" PAGE 1 OF 3
CITY OF NEWPORT BEACH
LOT MERGER NO. LM 2017-004
(LEGAL DESCRIPTION)
EXISTING PARCEL
PROPOSED PARCELS
OWNER
AP NUMBER
REFERENCE NUMBERS
AL-TUWAIJRI MOHAMMAD
459-151-42
PARCEL 1
PARCEL 1:
LOT 178, TRACT 1237, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP THEROF RECORDED IN BOOK 40, PAGES 19 AND
20, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
TOGETHER WITH LOT 4 OF TRACT NO. 14795, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 716
PAGES 37 AND 38 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
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REGISTRATION EXPIRES: 9-30-17 °F cA,-k
DATE: 4/14/2017 �4
EXHIBIT 1113 11 PAGE 2 OF 3
CITY OF NEWPORT BEACH
LOT MERGER NO. LM 2017-004
(M")
OWNER EXISTING PARCEL I PROPOSED PARCELS
AP NUMBER I REFERENCE NUMBERS
AL-TUWAIJRI MOHAMMAD
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N86056105"E 126.66'
N83°0g"20mW N86°5VOVE
RAD. 54.65'
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PROP. PARCEL LINE
EXIST. LOT LINE
LOT LINE TO REMOVE
CENTER LINE STREET
PREPARED BY: fLl %JL.
RON MIEDEMA L.S. 4653
REGISTRATION EXPIRES: 9 -30 -
DATE: 4/14/2 17
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SCALE 1"=40'
PARCEL AREA:
PARCEL NUMBER GROSS AREA
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BASIS OF BEARINGS:
BEARINGS SHOWN HEREON ARE BASED
ON THE CENTERLINE OF SEAWARD
ROAD WITH A BEARING OF N12°23lrE.
EXHIBIT TIC11 PAGE 3 OF 3
CITY OF NEWPORT BEACH
LOT MERGER NO. LM 2017-004
(SUE PLAN)
OWNER EXISTING PARCEL PROPOSED PARCELS
AP NUMBER REFERENCE NUMBERS
AL-TUWAURI MOHAMMAD 459-151-42 PARCEL I
� 1 �
177 5 LAND
1 F RON
N82°26!40"E ` v MEEDEMA p
o N86°21940"E 1 51.04' * NO 4653
Q I RAD. EXP, i310/17 �Q 0 N82°26'40 -E 97.64'
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N86°56'05'E 126.66'
N83°03'20 -W NB6°56'05"E
RAD.54.65'
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SCALE I "=40'
LEGEND: PARCEL AREA:
PROP. PARCEL LINE
- — — - EXIST. LOT LINE
- - - - - - - LOT LINE TO REMOVE
— - — - — CENTER LINE STREET
PREPARED BY:
RON MIEDEMA L.S. 4653
REGISTRATION EXPIRES: 9-30-17
DATE: 4/14/2017
PARCEL NUMBER GROSS AREA
1 11,994.871
BASIS OF BEARINGS:
BEARINGS SHOWN HEREON ARE BASED
ON THE CENTERLINE OF SEAWARD
ROAD WITH A BEARING OF NUM!J VE.