HomeMy WebLinkAbout04_The Crab Cooker Lot Merger_PA2016-186 EW Pp
o�� R COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive,P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200 Fax: 949-644-3229 www.newportbeachca.gov
CgLIppRNN
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
January 26, 2017
Agenda Item No. 4
SUBJECT: The Crab Cooker Lot Merger (PA2016-186)
2200 and 2202 Newport Boulevard
• Lot Merger No. LM2016-007
APPLICANT: The Crab Cooker
OWNER: J.M. Wasco Trust
PLANNER: Benjamin M. Zdeba, AICP, Associate Planner
949- 644-3253, bzdeba@newportbeachca.gov
GENERAL PLAN/ZONING DISTRICT
• General Plan: Mixed-Use Water Related (MU-W2)
• Zoning District: Mixed-Use Water Related (MU-W2)
PROJECT SUMMARY
The applicant proposes to merge two existing lots located at 2200 (Lot 16) and 2202 (Lot
15) Newport Boulevard, which are under common ownership. The site is developed with
The Crab Cooker restaurant and is located on the easterly side of Newport Boulevard off
of 22nd Street. It is bordered by The Arcade to the east and the Newport Vue project to
the north with access available from Newport Boulevard, 22nd Street and The Arcade. A
waiver of the Parcel Map requirement is also requested.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. ZA2017- approving Lot Merger
No. LM2016-007 (Attachment No. ZA 1).
1
The Crab Cooker Lot Merger
Zoning Administrator, January 26, 2017
Page 2
DISCUSSION
• The two abutting lots are under common fee ownership. The project site is 5,400
square feet in total area and is currently developed with a single-story restaurant
(The Crab Cooker), which crosses the interior property line. The building was
constructed in 1938, according to County records and the restaurant has operated
at the location since the late 1950s.
• In early 2014, The Crab Cooker structure suffered apparent damage due to
construction activities on the adjacent site. The applicant is in the process of
gaining approval to repair that damage and construct tenant improvements to
renovate the existing restaurant.
• Pursuant to Newport Beach Municipal Code Section 19.04.035 (Development
Across Property Lines), no person shall develop any structure including, but not
limited to, a principal or accessory structure across a lot line. The Lot Merger is
required to combine the two lots effectively removing the interior property line
between the two lots and allowing redevelopment of the existing structure.
• Section 20.22.030 (Mixed-Use Zoning Districts General Development Standards)
of the Zoning Code establishes minimum lot area and width requirements. The
proposed merger would combine two lots into a 5,400-square-foot parcel that is in
conformance with the minimum 2,500-square-foot lot area standard of the MU-W2
Zoning District. Also, the proposed merger would create one 60-foot-wide parcel,
exceeding the minimum 25-foot lot width standard.
• The newly created parcel will not appear out of character with the existing pattern
of development for properties having frontage on Newport Boulevard or Balboa
Boulevard as the majority have already been consolidated and are larger in size.
• As demonstrated in the attached draft resolution, staff believes the proposed
merger meets the requirements of Title 19 (Subdivisions), the findings for approval
can be made, and the waiver of the parcel map requirement can be supported.
ENVIRONMENTAL REVIEW
2
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 under Class 15 of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3. The 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
Tmplt:10-02-15
The Crab Cooker Lot Merger
Zoning Administrator, January 26, 2017
Page 3
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 parcels
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-ofway 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:
a i . Zdeba, AICP
Associat Planner
JWC/bmz
Attachments: ZA 1 Draft Resolution for Approval
ZA 2 Vicinity Map
ZA 3 Lot Merger No. LM2016-007 Exhibits
Tmplt:10-02-15
Attachment No. ZA 1
Draft Resolution for Approval
F
RESOLUTION NO. ZA2017-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER NO.
LM2016-007, WAIVING THE PARCEL MAP REQUIREMENT, AND
COMBINING TWO LOTS INTO A SINGLE PARCEL FOR
PROPERTY LOCATED AT 2200 AND 2202 NEWPORT
BOULEVARD (PA2016-186)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by The Crab Cooker, with respect to property located at 2200
and 2202 Newport Boulevard, and legally described as Lots 15 and 16 of Tract No. 814
requesting approval of a lot merger.
2. The applicant proposes to combine two abutting lots under common ownership and to
waive the parcel map requirement.
3. The subject property is located within the Mixed-Use Water Related (MU-W2) Zoning
District and the General Plan Land Use Element category is Mixed-Use Water Related
(MU-W2).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed-Use Water Related (MU-W).
5. A public hearing was held on January 26, 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.
1. The project is categorically exempt under Section 15315, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions).
2. The 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,
5
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. ZA2017-###
Page 2 of 6
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 19.68.030 (Lot Mergers) 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 subject lots are currently developed with a single-story nonresidential structure,
which crosses the interior property lines of Lots 15 and 16 of Tract Number 814. Per
Section 19.04.035 of the Municipal Code (Development Across Property Lines),
structures cannot be constructed across property lines. With the approval of the lot
merger, repair and renovation of the existing structure onsite can proceed in
conformance with the Zoning and Building Codes.
2. The project is similar to the development of other properties in the McFadden Square
area and on the Balboa Peninsula, where individual nonresidential buildings have
been built on each lot and modified over time; these developments have not been
detrimental to the health, safety, peace, comfort or general welfare of persons
residing or working in the neighborhood or injurious to property and improvements in
the neighborhood or the general welfare of the City.
3. Building alterations and improvements are required to comply with applicable
Municipal Code regulations and City policies.
Finding:
B. The lots to be merged are under common fee ownership at the time of the merger.
Fact in Support of Finding:
1. Lots 15 and 16 of Tract Number 814 are under common fee ownership.
Finding:
01-03-17
Zoning Administrator Resolution No. ZA2017-###
Page 3 of 6
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 be consistent with the applicable MU-W2 district regulations and
other regulations relating to the subject property. The resulting parcel will be 5,400
square feet in area, exceeding the minimum lot area requirements of 2,500 square
feet, and no setback nonconformities would be directly created by the proposed
merger.
2. The Land Use Element of the General Plan designates the subject site as MU-W2
(Mixed-Use Water Related), which applies to waterfront properties in which
marinerelated uses may be intermixed with general commercial, visitor-serving
commercial and residential dwelling units on the upperfloors. The lot merger will help
allow for the repair and renovation of the existing commercial and visitorserving
commercial use within the structure, consistent with the intent of the MUW2 land use
designation.
3. The existing building 2200 and 2202 Newport Boulevard is nonconforming to the 0.5
floor area ratio (FAR) limit. Any future redevelopment of the merged lots will be
required to be consistent with MU-W2 (Mixed-Use Water Related) standards,
including floor area, parking, and setback requirements and other applicable codes,
regulations, and policies.
4. The lots are located within the coastal zone and the current use conforms to the
MUW (Mixed-Use Water Related) land use designation.
5. The merged lots will retain the MU-W2 designation, consistent with the surrounding
area. The MU-W2 designation applies to waterfront properties in which
marinerelated uses may be intermixed with general commercial, visitor-serving
commercial and residential units on the upper floors.
6. The Land Use Element of the General Plan designates the subject site as MU-W2,
which applies to waterfront locations in which marine-related uses may be intermixed
with buildings that provide residential on upper floors. The land use will remain the
same and the merger is consistent with the designations of the General Plan.
7. The subject property is not located within a specific plan area.
Finding:
01-03-17
g
Zoning Administrator Resolution No. ZA2017-###
Page 4 of 6
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. Neither of the merged lots, nor the adjoining parcels, will be deprived of legal access
as a result of the merger. Legal access is provided from Newport Boulevard, 22nd
Street as well as The Arcade 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. McFadden Square and the surrounding corridor along Newport Boulevard and
Balboa Boulevard consist of lots of varying size. The proposed lot merger would
remove the interior property line between the subject properties to permit the parcel
as a single, unified site, and would not result in a development pattern, inconsistent
with the existing development in the area.
2. As currently configured the individual lots meet the minimum area standard of 2,500
square feet stipulated by the Zoning Code for the MU-W2 Zoning District. The
proposed lot merger will result in a parcel that is 5,400 square feet in area, exceeding
the minimum lot area requirement. The majority of parcels in the vicinity are well in
excess of the minimum lot area requirement; thus, the merger will not create a large
parcel that appears out of character with the surrounding development.
3. The resulting lot configuration will not change the existing pattern of development
since the orientation and access to the parcels would remain the same.
Waiver of Parcel Map
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 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
01-03-17
9
Zoning Administrator Resolution No. ZA2017-###
Page 5 of 6
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. The proposed lot merger will result in a parcel that is 5,400 square feet in area, which
is compliant with the Zoning Code requirement of 2,500 square feet for a newly
created parcel within the MU-W2 district.
2. The lots are currently developed. Approval of the proposed lot merger would remove
the existing interior lot line, and allow the properties to be used as a single site for
development. The lot merger in and of itself would not change the land use, density,
and intensity. The proposed merged parcel would comply with all design standards
and improvements required for new subdivisions by Title 19, the Zoning Code, and
General Plan.
3. The proposed parcel will have a frontage on Newport Boulevard, 22nd Street and The
Arcade; therefore, the proposed lot merger will not result in a deprivation of legal
access.
4. The proposed lot merger does not result in the elimination of more than three lots.
5. Any improvements to the project site are required to comply with applicable Municipal
Code regulations and City policies.
6. The subject property is not subject to a specific
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1 . The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No.
LM2016-007, 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 or call for review 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 26TH DAY OF JANUARY, 2017.
01-03-17
10
Zoning Administrator Resolution No. ZA2017-###
Page 6 of 6
Patrick J. Alford, Zoning Administrator
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. Lot Merger No. LM2016-007 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.
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The map shall be submitted to the Public Works Department for Final Map Review and
Approval. All applicable fees shall be paid.
4. Prior to the issuance of building permits for any construction to cross the existing interior
lot line between the two (2) lots to be merged, recordation of the lot merger documents
with the County Recorder shall be required.
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 Crab Cooker Lot Merger including,
but not limited to, Lot Merger No. LM2016-007 (PA2016-186). 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.
01-03-17
22
Attachment No. ZA 2
Vicinity Map
12
r
23�a
YF� R
.F
'Iry • ,
'LIP
0
CD
101 ,y110 �" app `e
C
2202" �
71, e '
�•P ''m '6tir ?�o
9��F 'L1�O ti,"4j 176
. s 7
` 'ti^rye � i,)�i7` Q ♦.: 20 q�e a! �„ fr2
23
Newport Disclaimer:
Beach Every reasonable effort has been made to assure the
GIS accuracy of the data provided, however,The City of
Newport Beach and its employees and agents
dEW�Rr
(m) disclaim any and all responsibility from or relating to
o� A
0 100 200 Imagery: any results obtained in its use.
�
U 2009-2013 photos provided by Eagle
r
q� oaN,r Feet Imaging www.eagleaerial.com
1/17!2017
Attachment No. ZA 3
Lot Merger No. LM2016-007 Exhibits
1�
PA2016-186
EXHIBIT 'A" SHEET 1 OF 3
CITY OF NEWPORT BEACH
LOT MERGER NO. LM 2016-
(LEGAL DESCRIPTION)
EXISTING PARCELS PROPOSED PARCELS
OWNERS AP NUMBER REFERENCE NUMBER
JRW FAMILY TRUST
047-120-14 AND 15 PARCEL 1
PARCEL 1:
LOTS 15 AND 16 OF TRACT NO. 814, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24, PAGES 35 AND 36 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
NOTE: THERE MAY BE EASEMENTS OF RECORD DELINEATED AND REFERENCED ON THE UNDERLYING
MAP OR THERE MAY BE OTHER RECORDED EASEMENTS WITHIN THE AREA BEING ADJUSTED THAT ARE
NOT SHOWN ON THIS DOCUMENT THAT COULD ENCUMBER SAID PARCELS HEREIN.
THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION. AL L lA7
p .
KURT
-IF A'TROXELL, L.S. 7854 'AE:
�L z
No. 785- �
°F CAL 1e
15
PA2016-186
EXHIBIT "B' SHEET 2 OF 3
CITY OF NEWPORT BEACH
LOT MERGER NO. LM 2016-
(MAP)
EXISTING PARCELS PROPOSED PARCELS
OWNERS AP NUMBER REFERENCE NUMBER
JRW FAMILY TRUST
047-120-14 AND 15 PARCEL 1
L.EDEND
EXISTING LOT LINE
LOT UNE TO BE REMOVED
RIGHT OF WAY UNE
CENTERUNE AV
SCALE: 1'=30'
30' TRACT No -18594
LOT I
M.M. 915/30-34
N71'09'53"E 90.00' —�
30' 30"
15
04 o 00 PARCEL 1 cO o o
Ln
00 3 ;n Ln Ln moo
o z 16 z z
BLOCK 222
Ln 30' ` M.M, 24/35-36
Z N 71*09'5 7E 90.00 2
0 0
Is
1 00
N71*09'53"E 166.75' \
22ND STREET
TRa
� x z
y� No.7854
(-1p CA 1, T I t4KURT R. TROXELL,
L.S.
/004
1(
PA2016-186
EXHIBIT 'C" SHEET 3 OF 3
CITY OF NEWPORT BEACH
LOT MERCER NO. LM 2016-
(SITE PLAN)
EXISTING PARCELS PROPOSED PARCELS
OWNERS AP NUMBER REFERENCE NUMBER
JRW FAMILY TRUST
047-120-14 AND 15 PARCEL 1
umea
EXISTING LOT UNE
LOT UNE TO BE REMOVED
RIGHT OF WAY LINE
CENTERLINE
30' I TRACT No 18594 SCALE: 1'=30'
LOT I
M.M. 915/30-34
Q o
Q
o
PARCEL 1 —
o is
I �
o BLOCK 222
30IM,M. 24/35-38 6�
Z 0
O ❑ 22ND STREET o O
�orN1. Ll
TRo Qp`.
� � m
y
No ..7854
Tl C1p C:U. KURT R. TR1�0
7854 DWTE--