HomeMy WebLinkAbout05_3415 Sabo Lot Merger and CDP_PA2017-115COMMUNITY 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 14, 2017
Agenda Item No. 5
SUBJECT: Sabo Lot Merger and CDP (PA2017-115)
SITE LOCATION: 1210 and 1220 West Bay Avenue
Lot Merger No. LM2017-005
Coastal Development Permit No. CD2017-055
APPLICANT: Elias and Caroline Sabo
OWNER: Elias and Caroline Sabo
PLANNER: Liz Westmoreland, Assistant Planner
949-644-3234, Iwestmoreland@newportbeachca.gov
GENERAL PLAN/ZONING DISTRICT
• General Plan: RS -D Single -Unit Residential Detached
• Zoning District : R-1 Single -Unit Residential
• Coastal Land Use Category: (RSD -C) Single -Unit Residential Detached — (10.0-19.9
DU/AC)
• Coastal Zoning District: R-1 Single -Unit Residential
PROJECT SUMMARY
A lot merger application and request to waive the parcel map requirement for three
parcels under common ownership. The lot merger would combine two legal lots and a
portion of a lot into a single parcel. Due to the proposed reduction in density at the site, a
Coastal Development Permit (CDP) is required pursuant to Title 21 Local Coastal
Program Implementation Plan of the Municipal Code.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15315 under Class 15 (Minor Land Divisions), because it has no
potential to have a significant effect on the environment; and
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Sabo Lot Merger and Coastal Development Permit
Zoning Administrator, September 14, 2017
Page 2
3) Adopt Draft Zoning Administrator Resolution No. _ approving Lot Merger No.
LM2017-005 and Coastal Development Permit No. CD2017-055 (Attachment No. ZA
1).
• An application was filed by Elias and Caroline Sabo with respect to property located
at 1210 and 1220 West Bay Avenue. The lot at 1210 West Bay Avenue is legally
described as Lot 9 in Block 3 of Tract No. 626 in the City of Newport Beach, County
of Orange, State of California as per map recorded in Book 30, Pages 40 and 41 of
Miscellaneous Maps in the Office of the County Recorder of Orange County,
California. The lot at 1220 West Bay Avenue is legally described as the Easterly 30
feet of Lot 7, and all of Lot 8 in Block 3 of Tract No. 626 in the City of Newport Beach,
County of Orange, State of California as per map recorded in Book 30, Pages 40 and
41 of Miscellaneous Maps in the Office of the County Recorder of Orange County,
California.
• The purpose of the lot merger is to legally merge the two lots and portion of a third
lot into one parcel to allow for future development across the existing interior lot lines.
• All future construction will be required to comply with the Zoning Code (Title 20) and
Implementation Plan (Title 21) development standards, including parking and
setback requirements.
• Coastal development permit approval will be required prior to the demolition of the
existing structures and the construction of a new residence on the merged lot.
• Section 20.18.030 of the Zoning Code establishes minimum lot area and width
requirements. The proposed merger would result in a 10,984 square foot parcel that
is in conformance with the minimum 5,000 square foot interior lot area standard of
the Zoning Code. The proposed lot merger would create one approximately 100 -foot
wide parcel, exceeding the minimum 50 -foot interior lot width standard of the Zoning
Code.
• Properties along West Bay Avenue and this area of the Peninsula 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 or wide lot. There are many existing lots in the
surrounding development that are similar to the proposed lot area and width,
including 1813 East Bay Avenue (14,810 square feet), 1540 East Ocean Front
(10,454 square feet), and 2210 Channel Road (11,114 square feet), among others.
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• The subject property is located in the R-1 Coastal Zoning District, which provides for
single -unit residential development and is consistent with the City's Coastal Land
Use Plan, General Plan and Zoning Code. A coastal development permit is required
and the property is not eligible for a Waiver for De Minimis Development because the
property is located in the Appeal Area.
• As demonstrated in the attached draft resolution, the proposed merger meets the
requirements of Title 19 (Subdivisions) for Lot Mergers and Waiver of Parcel Map
Requirement.
Public Access and Views
The subject site fronts the Newport Bay and is located between the nearest public
road and the sea or shoreline. The site does not currently provide vertical or lateral
access to the waterfront, nor would it provide access under proposed conditions.
Additionally, future development would be limited to the boundaries of the subject
property. Vertical access to the bay is available approximately 80 feet west of the site
at the end of 12th Street where there is a small sandy beach area with access to the
water. Thus, the project will not affect the public's ability to gain access to, use, and/or
view the coast and nearby recreational facilities.
The closest designated public view point is located near Marina Park,
approximately 1,300 feet from the property. The proposed residence is not located
near coastal view roads, as designated in the Coastal Land Use Plan. Due to the
distance of the proposed development from the public view point, the project will
not impact coastal views.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3. The Class 15 exemption allows 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
parcels 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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Sabo Lot Merger and Coastal Development Permit
Zoning Administrator, September 14, 2017
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PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants 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
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
Liz W stmoreland, Assistant Planner
GBR/law
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2017-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER NO.
LM2017-005, A WAIVER OF THE PARCEL MAP REQUIREMENT,
AND COASTAL DEVELOPMENT PERMIT NO. CD2017-055 FOR
A LOT MERGER AND COASTAL DEVELOPMENT PERMIT
LOCATED AT 1210 AND 1220 WEST BAY AVENUE (PA2017-115)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Elias and Caroline Sabo with respect to property located at
1210 and 1220 West Bay Avenue requesting approval of a Lot Merger and Coastal
Development Permit. The lot at 1210 West Bay Avenue is legally described as Lot 9 in
Block 3 of Tract No. 626 in the City of Newport Beach, County of Orange, State of California
as per map recorded in Book 30, Pages 40 and 41 of Miscellaneous Maps in the Office of
the County Recorder of Orange County, California. The lot at 1220 West Bay Avenue is
legally described as the Easterly 30 feet of Lot 7, and all of Lot 8 in Block 3 of Tract No.
626 in the City of Newport Beach, County of Orange, State of California as per map
recorded in Book 30, Pages 40 and 41 of Miscellaneous Maps in the Office of the County
Recorder of Orange County, California.
2. The applicant proposes a lot merger and requests to waive the parcel map requirements
for properties under common ownership. The applicant also requests an associated
coastal development permit for the lot merger.
3. The subject property is designated Single -Unit Residential Detached (RS -D) by the
General Plan Land Use Element and is located within the Single -Unit Residential (R-1)
Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single -Unit Residential Detached —10.0-19.9 DU/AC (RSD -C) and it is located
within the Single -Unit Residential (R-1) Coastal Zone District.
5. A public hearing was held on September 14, 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 hearing 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 hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3.
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2. The Class 15 exemption allows 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 parcels 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.
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 proposed lot merger to combine two complete lots and portion of a lot by removing
the interior lot lines between them 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. Any 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.
Fact in Support of Finding:
1. The two lots and portion of a lot to be merged are under common fee ownership.
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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) zoning designation,
consistent with the surrounding area. The R-1 Zoning District is intended to provide areas
appropriate for a detached single-family residence 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 -C), which provides for density ranges from 10.0 — 19.9 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 and Section 20.18.030 of the LCP Implementation
Plan establish minimum lot area and width requirements. The proposed merger would
result in a 10,983 -square-foot parcel that is in conformance to the minimum 5,000 -square -
foot interior lot area standard of the Zoning Code. Additionally, the proposed merger would
create one approximately 100 -foot -wide parcel, exceeding the minimum 50 -foot interior lot
width standard of the Zoning Code.
5. The existing lots and portion of a lot do not meet the minimum width or lot area
requirements of the Zoning code, as the lots are approximately 30- to 35 -feet -wide and
contain approximately 3,844 square feet. Merging the two lots and portion of a lot would
create one parcel that meets the minimum requirements of the Zoning Code and LCP
Implementation Plan for lot width and area.
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:
Legal access is provided from West Bay Avenue, and will remain unchanged. The site
does not currently provide access to any other properties. Thus, no adjoining parcels will
be deprived of legal access as a result of the merger.
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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/or adjoining 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:
1. Properties along West Bay Avenue 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 existing lots in the
surrounding development that are similar to the proposed lot area, including 1813 East
Bay Avenue (14,810 square feet), 1540 East Ocean Front (10,454 square feet), and
2210 Channel Road (11,114 square feet), among others.
2. The proposed lot width is approximately 100 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 915 Via Lido Soud
(approximately 108 feet), 1540 Ocean Front (approximately 100 feet), and 309 Via Lido
Soud (approximately 75 feet), among others.
3. The existing lots and portion of a lot do not meet the minimum width or lot area
requirements of the Zoning code, as the lots are approximately 30- to 35 -feet -wide and
contain approximately 3,844 square feet. Merging the two lots and portion of a lot would
create one parcel that meets the minimum requirements of the Zoning Code and LCP
Implementation Plan for lot width and area.
4. Although the current configuration contains multiple parcels, the property is used as a
single parcel with one single-family residence. 1210 West Bay Avenue contains the
single-family residence, and 1220 West Bay Avenue contains the garage and pool with
associated structures. 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.
5. Orientation and access to the parcel would remain from the West Bay Avenue. Thus,
resulting lot configuration will not change the existing pattern of development in the area.
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In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
F. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed lot merger is for construction purposes and meets all of the requirements
of the Local Coastal Program including Section 21.30.025 Coastal Subdivisions.
2. The lot merger is for a property within a developed neighborhood. The lots are currently
utilized as one building site, and do not provide public access or views of the sea or
shoreline.
3. The subject site fronts the Newport Bay and is located between the nearest public road
and the sea or shoreline. The site does not currently provide vertical or lateral access to
the waterfront, nor would it provide access under proposed conditions. Vertical access to
the bay is available approximately 80 feet west of the site at the end of 12th Street where
there is a small sandy area with access to the water. Thus, the project will not affect the
public's ability to gain access to, use, and/or view the coast and nearby recreational
facilities.
Finding:
G. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Facts in Support of Finding:
The subject site fronts the Newport Bay and is located between the nearest public road
and the sea or shoreline. The site does not currently provide vertical or lateral access to
the waterfront, nor would it provide access under proposed conditions. Vertical access to
the bay is available approximately 80 feet west of the site at the end of 12th Street where
there is a small sandy area with access to the water. Thus, the project will not affect the
public's ability to gain access to, use, and/or view the coast and nearby recreational
facilities.
2. The lots are currently utilized as one building site, and do not provide public access or
views of the sea or shoreline.
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3. The closest public view point is located near Marina Park, approximately 1,300 feet from
the property. The proposed residence is not located near coastal view roads, as
designated in the Coastal Land Use Plan. Due to the distance of the proposed
development from the public view point, the project will not impact coastal views.
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 (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:
Approval of the proposed lot merger would remove the existing interior lot lines and allow
the property to be utilized as a single site. The proposed lot would comply with all design
standards and improvements required for new subdivisions by Title 19, the Zoning Code,
and General Plan.
2. The subject property is not subject to a Specific Plan. The property complies with the
requirements of Title 21 LCP Implementation Plan.
3. The proposed lot merger combines the properties into a single parcel of land and does
not result in the elimination of more than three (3) parcels.
4. The subject property is accessible from West Bay Avenue. The site is served by all of
the necessary public utilities.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves LM2017-005 and
CD2017-055 subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
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2. This action shall become final and effective 14 days following the date this Resolution was
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 Local Coastal
Implementation Plan, and Title 19 Subdivisions, of the Newport Beach Municipal Code.
Final action taken by the City may be appealed to the Coastal Commission in compliance
with Section 21.64.035 of the City's certified LCP and Title 14 California Code of
Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF SEPTEMBER, 2017.
Patrick J. Alford, Zoning Administrator
14044
07-11-17
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except as
modified by applicable conditions of approval.)
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 applicant shall comply with all federal, state, and local laws.
4. The map shall be submitted to the Public Works Department for final map review and
approval. All applicable fees shall be paid.
5. Prior to the issuance of building permits for construction across the existing interior lot
lines, recordation of the lot merger documents with the County Recorder shall be
required.
6. Prior to the recordation of the lot merger, a demolition permit for the existing two -car
garage located at 1210 West Bay Avenue shall be issued and finaled.
7. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
8. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
9. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
10. 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 Sabo Lot Merger and Coastal Development Permit including, but not limited to,
Lot Merger No. LM2017-005 and Coastal Development Permit No. 2017-055 (PA2017-
115). 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
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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.
07-11-17
Attachment No. ZA 2
Vicinity Map
08/17/2017
25
VICINITY MAP
Lot Merger No. LM2017-005 and Coastal
Development Permit No. CD2017-055
PA2017-115
1210 and 1220 West Bay Avenue
Attachment No. ZA 3
Project Plans
oa/17/2017
17
EXHIBIT 'A' SHEET 1 OF 1
CITY OF NEWPORT BEACH .
LOT MERGER No.
Description)
OwnersI Existing Parcels I Proposed Parcels I
AP Number Reference Number
ELIAS JOSEPH SABO, JR. AND CAROLINE ELIZABETH
SIEFERT SABO
PARCEL1:
047-232-05
047-232-06
PARCEL1
In the City of Newport Beach, County of Orange, State of California, being the Easterly 30 feet of Lot 7 , all of Lots 8
and 9, in Block 3 of Tract No. 626 as shown on a map filed in Book 30, Pages 40 and 41 of Miscellaneous Maps, in the
Office of the County Recorder of said Orange County.
The above described parcel contains 10,983 square feet, (0.252 Acres) more or less.
All as shown on Exhibit 'B' attached hereto and by this reference made a part hereof.
VIKTOR P. o
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EXHIBIT 'B' SHEET 1 OF 1
CITY OF NEWPORT BEACH
LOT MERGER No.
(Map)
Owners Existing Parcels Proposed Parcels
AP Number Reference Number
ELIAS JOSEPH SABO, JR. AND CAROLINE ELIZABETH 047-232-05
SIEFERT SABO 047-232-06 PARCEL 1
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EXHIBIT 'C' SHEET 1 OF 1
CITY OF NEWPORT BEACH
LOT MERGER No.
. (Site Plan)
Owners Existing Parcels Proposed Parcels
AP Number Reference Number
ELIAS JOSEPH SABO, JR. AND CAROLINE ELIZABETH 047-232-05
SIEFERT SABO 047-232,06 PARCEL 1
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