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HomeMy WebLinkAbout02_Ueberroth Lot Merger_PA2017-071COMMUNITY 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 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT July 13, 2017 Agenda Item No. 2 SUBJECT: Ueberroth Lot Merger (PA2017-071) 626 Seaward Road • Lot Merger No. LM2017-003 APPLICANT: John McNeely OWNER: Joseph Ueberroth 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 three parcels, under common ownership. The merger would combine the three parcels into a single parcel and allow for an addition across the existing interior property line. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No._ approving Lot Merger No. LM2017- 003 (Attachment No. ZA 1). DISCUSSION • An application was filed by John McNeely, on behalf of the owner Joseph Ueberroth, with respect to property 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 1 Ueberroth Lot Merger Zoning Administrator, July 13, 2017 Page 2 described as a portion of Lot A of Tract No. 13703 (Parcel 1 of Certificate of Compliance 92-02). The purpose of the lot merger is to legally merge the three parcels into one parcel to allow for a future addition 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 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. 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 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). • 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 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 TmpIt:10-02-15 9 Ueberroth Lot Merger Zoning Administrator, July 13, 2017 Page 3 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: 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. 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. 1. 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. 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. 5 Zoning Administrator Resolution No. ZA2017-### Pape 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 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. 03-03-2015 Zoning Administrator Resolution No. ZA2017-### Paqe 3 of 5 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: <N 4XIMW 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 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). 03-03-2015 Zoning Administrator Resolution No. ZA2017-### Paqe 4 of 5 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: 1. 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 03-03-2015 2 Zoning Administrator Resolution No. ZA2017-### Paqe 5 of 5 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 03-03-2015 9 Attachment No. ZA 2 Vicinity Map 10 VICINITY MAP Lot Merger No. LM2017-003 PA2017-071 626 Seaward Road I1 Ueberroth Lot Merger Zoning Administrator, July 13, 2017 Page 7 Attachment No. ZA 3 Project Plans Tmpl❑ 10-02-15 12 PAGE 1 OF 1 EXHIBIT "A" CITY OF NEWPORT BEACH LOT MERGER NO. LM2017-003 (LEGAL DESCRIPTION) OWNER EXISTING PARCEL PROPOSED PARCEL AP NUMBERS REFERENCE NUMBERS Joseph J. Ueberroth & Polly V. Ueberroth 459-141-41, 473-011-20 PARCEL 1 Trustees of Ueberroth community Trust 473-011-21 The land referred to herein below is situaed in the City of Newport Beach, in the County of Orange State of California, and is desccribed as follows: Parcel 1 Lot 164, Tract 1237 as per map filed in Book 40, Pages 19 and 20 of Miscellaneous Maps together with Lot 18, Tract 14795 as per map filed in Book 716, Pages 37 and 38 of Miscellaneous Map and also together with Parcel 1 of Certificate of Compliance No. 92-02 recorded December 11, 1992 as instrument No. 92-851421 of Official Records all Records of Orange County, California. 16 LAND SGGF 9 PREPARED BY G&G ENGINEERING, INCo Uv.,110aIdL � N.. IS 8596 June 5, 2017 �T9TFDF JAROSLAW W. MUSIAL, L.S. 8596 DATE CAU���\P MY LICENSE EXPIRES 12-31-17 2s PAGE 1 OF 2 EXHIBIT "B" CITY OF NEWPORT BEACH LOT MERGER NO. LM2017-003 (MAP) OWNERSED PARCEL I EXISTING AP NUMBERS I REFEOREONCE NUMBERS (Joseph J. Ueberroth & Polly V. Ueberroth1 459-141-41, 473-011-20I PARCEL 1 Trustees of Ueberroth communitv Trust 473-011-21 NET AREA OF PARCEL 1 = 12,507 sq ft 1Q CL OF 10' WIDE WATERLINE EASEMENTS TO THE CITY OF NEWPORT BEACH REC. JULY 31, 1992 AS INST. NO 92-516614 O.R. 1 CL OF 12' WIDE UTILITY EASEMENT TO SOUTHERN EDISON CO. REC. FEBRUARY 20, 1963 IN BOOK 6439 PAGE 493 O.R. 0 CL OF 10' WIDE WATER LINE EASEMENTS TO THE CITY OF NEWPORT BEACH REC. JULY 31, 1992 AS INST. NO 92-516615 O.R ® 4' WIDE UTILITY EASEMENT TO SOUTHERN EDISON CO. REC. DECEMBER 7,1989 AS INSTRUMENT NO. 89-664703 O.R. QS 6' WIDE UTILITY EASEMENT TO SOUTHERN EDISON CO. REC. MAY 17. 1990 AS INSTRUMENT NO. 90-264696 O.R. © 6' WIDEWATER LINE EASEMENT TO THE CITY OF NEWPORT BEACH REC. MAY 24, 2000 AS INSTRUMENT NO. 20000273647 O.R. 1 CL OF 10' WIDE WATER LINE EASEMENTS TO THE CITY OF NEWPORT BEACH REC. MAY 8, 1980 IN BOOK 13602 PAGE 1043 O.R. ® 6' WIDE WATER LINE EASEMENT TO THE CITY OF NEWPORT BEACH REC. , 2017 AS INSTRUMENT NO. O.R. PREPARED BY G&G ENGINEERING, INC Q--�/ ,JAsWJSIAL No LS 8596 June 5, 2017 9TH F JAROSLAW W. MUSIAL, L.S. 8596 DATE MY LICENSE EXPIRES 12-31-17 110 AREA TABLE EXISTINGPROPOSED LOT/PARCEL AREAS ft PARCEL 1 AREA sq ft PARCEL1 1 1071 LOT 18 1 3,6381 LOT 164 1 10,7901 1 1 15 499 NET AREA OF PARCEL 1 = 12,507 sq ft 1Q CL OF 10' WIDE WATERLINE EASEMENTS TO THE CITY OF NEWPORT BEACH REC. JULY 31, 1992 AS INST. NO 92-516614 O.R. 1 CL OF 12' WIDE UTILITY EASEMENT TO SOUTHERN EDISON CO. REC. FEBRUARY 20, 1963 IN BOOK 6439 PAGE 493 O.R. 0 CL OF 10' WIDE WATER LINE EASEMENTS TO THE CITY OF NEWPORT BEACH REC. JULY 31, 1992 AS INST. NO 92-516615 O.R ® 4' WIDE UTILITY EASEMENT TO SOUTHERN EDISON CO. REC. DECEMBER 7,1989 AS INSTRUMENT NO. 89-664703 O.R. QS 6' WIDE UTILITY EASEMENT TO SOUTHERN EDISON CO. REC. MAY 17. 1990 AS INSTRUMENT NO. 90-264696 O.R. © 6' WIDEWATER LINE EASEMENT TO THE CITY OF NEWPORT BEACH REC. MAY 24, 2000 AS INSTRUMENT NO. 20000273647 O.R. 1 CL OF 10' WIDE WATER LINE EASEMENTS TO THE CITY OF NEWPORT BEACH REC. MAY 8, 1980 IN BOOK 13602 PAGE 1043 O.R. ® 6' WIDE WATER LINE EASEMENT TO THE CITY OF NEWPORT BEACH REC. , 2017 AS INSTRUMENT NO. O.R. PREPARED BY G&G ENGINEERING, INC Q--�/ ,JAsWJSIAL No LS 8596 June 5, 2017 9TH F JAROSLAW W. MUSIAL, L.S. 8596 DATE MY LICENSE EXPIRES 12-31-17 110 2� PAGE 2 OF 2 EXHIBIT "B" CITY OF NEWPORT BEACH LOT MERGER NO. LM2017-003 (MAP) OWNER EXISTING PARCEL PROPOSED PARCEL AP NUMBERS REFERENCE NUMBERS Joseph J. Ueberroth & Polly V. Ueberroth 459-141-41, 473-011-20 PARCEL 1 Trustees of Ueberroth community Trust 473-011-21 L1 N42°42'30"E 21.53' o / L2 N89°02'55"W 40.69' 1 008 DETAIL j LQap• �2/ NOT TO SCALE �� �b�� �� �• PARC '> 2 — N04°7 C 43? OF ; i92-02 w3p''Sl L ^ LEGEND BETAII EXISTING LINE TO REMAIN -------EXISTING LINE TO BE REMOVED -----EXISTING STREET CENTERLINE 1�L iTH, �Q • p'L EXISTING LINE A. ® EASEMENT NOTES ( SEEPAGE 2) 63 TO BE REMOVED i N Loi .h^� � �a � g� i C) �0 J' Z i NO°44'45"ER ,�!�• PARCEL ; 1 �v Q C ISABELLA TERR R=25.o0' �4 L 8 ' s D=90°00'00" _-_-_-_-_ ______�� -�. L=39.27' ------------ \ \ p 1\189°15'15"W(R) 128.04' 7 �d w I� to Il l 20' I 20' I 7 3 2� 10 PAGE 1 OF 1 EXHIBIT "C" CITY OF NEWPORT BEACH LOT MERGER NO. LM2017-003 (SITE PLAN) OWNER EXISTING PARCEL PROPOSED PARCEL AP NUMBERS REFERENCE NUMBERS Joseph J. Ueberroth & Polly V. Ueberroth 459-141-41, 473-011-20 PARCEL 1 Trustees of Ueberroth community Trust 473-011-21 LEGEND EXISTING LINE TO REMAIN -------EXISTING LINE TO BE REMOVED / \ -----EXISTING STREET CENTERLINE / \ 1Q CL OF 10' WIDE WATER LINE EASEMENTS TO THE CITY OF NEWPORT BEACH I ��8' I n ^I REC. JULY 31, 1992 AS INST. NO 92-516614 O.R. DETAIL Q2 NOT 70 SCALE CL OF 12' WIDE UTILITY EASEMENT TO SOUTHERN EDISON CO. REC. FEBRUARY 20, 1963 IN BOOK 6439 PAGE 493 O.R. 1 CL OF 10' WIDE WATER LINE EASEMENTS TO THE CITY OF NEWPORT BEACH REC. JULY 31, 1992 AS INST. NO 92-516615 O.R ® 4' WIDE UTILITY EASEMENT SOUTHERN CO. 7 II IN REC. DECEMBER 7,1989 AS INSTRUMENT NO.. 89-66 89-664703 O.R. I 1 QS 6' WIDE UTILITY EASEMENT TO SOUTHERN EDISON CO. L1 N42°42'30"E 21.53' II l i 2 REC. MAY 17, 1990 AS INSTRUMENT NO. 90-264696 O.R. L2 N89°02'55"W 40.69' II © 6' WIDEWATER LINE EASEMENT TO THE CITY OF NEWPORT BEACH (N64 °7q- I L 2 II 32"w3pr'SJ I l 16� REC. MAY 24, 2000 AS INSTRUMENT NO. 20000273647 O.R. Q7 ^ CL OF 10' WIDE WATER LINE EASEMENTS TO THE CITY OF NEWPORT yoo�lL6g / g2 BEACH REC. MAY 8, 1980 IN BOOK 13602 PAGE 1043 O.R. SEE ® 6' WIDE WATER LINE EASEMENT TO THE CITY OF NEWPORT BEACH DETAI REC. 12017 AS INSTRUMENT NO. O.R. EXISTING LINE TO BE REMOVEDI PREPARED BY G&G ENGINEERING, INC 11 o i c Al June 5, 2017 I i i w JAROSLAW W. MUSIAL, L.S. 8596 DATE s- ?a� MY LICENSE EXPIRES 12-31-17 EXISTING EXISTING i 42' Z BUILDING BUILDING I I � I i � i 3 N 0°44'45" E(R) 6 E STING ` B ILDING CEL j 1; ; I ISABELLA TERR R=25.00' 6 a 8 D=90°00'00" L --------------� 1'_ L=39.27 ------------ - LANDS \ p� N89115"W(R) 128.04' J If. MUSIAL Q ;' N. LS 6596 NV) 20' i 20' 7 or 20' 10