HomeMy WebLinkAbout03_Bay Shore Drive Lot Merger_PA2015-206 COMMUNITY DEVELOPMENT DEPARTMENT
U N6PLANNING DIVISION
e� 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
cq<<FOR�vP 949-644-3200 Fax: 949-644-3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 16, 2017
Agenda Item No. 3
SUBJECT: Hoelscher Lot Merger (PA2015-206)
2742 and 2752 Bay Shore Drive
• Lot Merger No. LM2015-004
APPLICANT: Fritz Hoelscher
OWNER: Fritz Hoelscher
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 and allow for future development across the existing interior property line.
RECOMMENDATION
1) Conduct a public hearing;
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.
LM2015-004 (Attachment No. ZA 1).
1
Hoelscher Lot Merger
Zoning Administrator, February 16, 2017
Page 2
DISCUSSION
• The two abutting lots are located at 2742 and 2752 Bay Shore Drive and are
each developed with single-unit residences. The lot at 2742 Bay Shore Drive is
legally described as Lot 5 of Tract No. 1014. The lot at 2752 Bay Shore Drive is
legally described as Lot 4 of Tract No. 1014.
• 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.
• Section 20.18.030 of the Zoning Code establishes minimum lot area and width
requirements. The proposed merger would combine two substandard lots into a
8,016-square-foot parcel that exceeds the minimum 5,000-square foot interior lot
area standard of the Zoning Code. Also, the proposed merger would create one
80-foot-wide parcel, exceeding the minimum 50-foot interior lot width standard of
the Zoning Code.
• Properties along Bay Shore Drive 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 2800 Bay Shore Drive (8,542 square feet),
2812 Bay Shore Drive (8,589 square feet), and 2705 Bay Shore Drive (8,000
square feet).
• The proposed lot width is approximately 80 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 2800 Bay Shore Drive (approximately 85 feet), 2812 Bay Shore Drive
(approximately 78 feet), and 2705 Bay Shore Drive (approximately 80 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,
TmpIt:10-02-15
Hoelscher Lot Merger
Zoning Administrator, February 16, 2017
Page 3
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.
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
S
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.
LM2015-004 AND A WAIVER OF THE PARCEL MAP
REQUIREMENT FOR A LOT MERGER LOCATED AT 2742 AND
2752 BAY SHORE DRIVE (PA2015-206)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Fritz Hoelscher, with respect to property located at 2742 and
2752 Bay Shore Drive. The lot at 2742 Bay Shore Drive is legally described as Lot 5 of
Tract No. 1014. The lot at 2752 Bay Shore Drive is legally described as Lot 4 of Tract No.
1014.
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 February 16, 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. ZA2017-###
Page 2 of 5
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).
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. ZA2017-###
Page 3 of 5
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 would combine two substandard lots into a
8,016-square-foot parcel that exceeds the minimum 5,000-square foot interior lot area
standard of the Zoning Code. Also, the proposed merger would create one 80-foot-
wide parcel, exceeding the minimum 50-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 Bay Shore Drive 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 along Bay Shore Drive 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 2800 Bay Shore Drive (8,542 square feet), 2812 Bay
Shore Drive (8,589 square feet), and 2705 Bay Shore Drive (8,000 square feet).
2. The proposed lot width is approximately 80 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,
03-03-2015
Zoning Administrator Resolution No. ZA2017-###
Page 4 of 5
including 2800 Bay Shore Drive (approximately 85 feet), 2812 Bay Shore Drive
(approximately 78 feet), and 2705 Bay Shore Drive (approximately 80 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 Bay Shore Drive.
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 consistent with
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:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No.
LM2015-004, 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 in accordance with the provisions of Title 19 (Subdivisions) of the
Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 16th DAY OF FEBRUARY, 2017.
Patrick J. Alford, Zoning Administrator
03-03-2015
g
Zoning Administrator Resolution No. ZA2017-###
Page 5 of 5
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. Prior to the recordation of the lot merger, a minimum of one existing dwelling unit shall
be demolished or modified so that the merged lot will not contain more than one
dwelling unit.
5. Lot Merger No. LM2015-004 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 Hoelscher Lot Merger including, but not limited to,
Lot Merger No. LM2015-004 (PA2015-206). 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
9
Attachment No. ZA 2
Vicinity Map
10
VICINITY MAP
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Project Site
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Lot Merger No. LM2015-004
PA2015-206
2742 and 2752 Bay Shore Drive
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Attachment No. ZA 3
Project Plans
12
PA2095-206 EXHIBIT 'A' SHEET 1 OF 1
CITY OF NEWPORT BEACH
LOT MERGER No.
(Legal Description)
Owners Existing Parcels Proposed Parcels
AP Number Reference Number
FRITZ HOELSCHER,AS TRUSTEE OF THE FRITZ HOELSCHER 049-191-05 PARCEL 1
TRUST ESTABLISHED DECEMBER 30,2003 049-191-06
PARCEL 1:
In the City of Newport Beach, County of Orange, State of California, being all of Lots 4 and 5 in Tract No. 1014 as per
Map recorded in Book 33, Page 31, of Miscellaneous Maps in the Office of the County Recorder of said Orange
County, more particularly described as a whole as follows:
Containing 0.1838 Acres(8,006 square feet).
All as shown on Exhibit'B' attached hereto and by this reference made a part hereof.
SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS,RESERVATIONS, RIGHTS,RIGHTS OF WAY,AND OTHER
MATTERS OF RECORD, IF ANY.
LAND
VIKTOR P. p
MEUM PREPARED BY ME DR UNDER MY
* * DIRECTION ON: IO—I�J'l5
m No. 8682
9TP OF
VIKTOR P. MEUM 8682
JN 14931
PA2016-206 EXHIBIT 'B' SHEET 1 OF 1
CITY OF NEWPORT BEACH
LOT MERGER No. ----------
(Map)
Owners Existing Parcels Proposed Parcels
AP Number Reference Number
FRITZ HOELSCHER,AS TRUSTEE OF THE FRITZ HOELSCHER 049-191-05
TRUST ESTABLISHED DECEMBER 30,2003 049-191-06 PARCEL 1
SCALE: 1"=30'
_ BAYS_HORE DRIVE _
IL (Private Street)
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LEGEND:
EXISTING LOT UNE TO REMAIN
---------- EXISTING LOT LINE TO BE REMOVED 5�� LAND SGRGF
� VIKTOR P. o
M E U M A PREPARED BY ME OR UNDER MY
* * DIRECTION ON: lb. I3-/S
(�A No. 8682
SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, 9TF !'
RESTRICTIONS, RESERVATIONS, RIGHTS, RIGHTS OF OF CA0FVIKTOR P. MEUM 8682
WAY, AND OTHER MATTERS OF RECORD, IF ANY.
JN 14931
PA2015-206 EXHIBIT 'C' SHEET 1 OF 1
CITY OF NEWPORT BEACH
LOT MERGER No. N___—____
(Site Plan)
Owners Existing Parcels Proposed Parcels
AP Number Reference Number
FRITZ HOELSCHER,AS TRUSTEE OF THE FRITZ HOELSCHER 049-191-05 PARCEL 1
TRUST ESTABLISHED DECEMBER 30,2003 049-191-06
_ BAYSHORE DRIVE _
(Private Street)
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SCALE: Z 1"=30' 1'
PARCEL 7
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Existing Bulkhead Line
LEGEND:
----- EXISTING LOT LINE TO REMAIN
---------- EXISTING LOT UNE TO BE REMOVED
F� EASEMENT FOR ELECTRICAL PURPOSES IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY
U RECORDED FEBRUARY 28, 1949 IN BOOK 1811, PAGE 3, O.R.
L�f EASEMENT FOR AVIGATION PURPOSES IN FAVOR OF THE COUNTY OF ORANGE RECORDED
MARCH 17, 1964 IN BOOK 6965, PAGE 721, O.R. (NOT PLOTTABLE)
r1 29' SETBACK FROM EXISTING BULKHEAD LINE BY COVENANT RECORDED JANUARY 30, 2012
IJ AS INSTRUMENT No. 2012000052705 O.R. (AFFECTS LOT 4 ONLY).
LAND SG�GF<
VIKTOR P. o
M EU M F PREPARED BY ME OR UNDER MY
* * DIRECTION ON: 10-15-15
No. 8682
9TH OF CAL\
VIKTOR P. MEUM X8682
JN 14931
User Name:Pf oug�as Date: 10-13-15
Project: 14931 Topographic Survey Time: 09:42:40
Create Mapcheck Reports Page: 1
--------------
----------------------------- -------------------------------------
--- - -- - - - - - -----------------------
Lot Name: Lot Merger
Lot Description: Parcel 1
Lot Area (Square Feet) : 8006
Lot Area (Acres) : 0. 1838
Lot Perimeter: 359.86
Closing Direction: N90000'00"E
Closing Distance: 0.0000
Course Data: (Mapcheck Through Radius Points Method)
------ --- --- - ------ - - --- - - - - - - - - - - ---- - - -- - - - - - - - - -- - ---- -- - - -- -- - - - -- - - - - - -- --
Point Northing Easting Direction Distance
Begin 10075.8116 10027.3965 S70007'53"E 99.33
10042.0529 10120.8138 S19052'07"W 80.60
9966.2506 10093.4208 N70007'53"W 99.33
10000.0094 10000.0034 N19052'07"E 80.60
End 10075.8116 10027.3965
Error of Closure 1 : 0
Departure in Y (Northing) : 0.0000
Departure in X (Easting) : 0.0000
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