HomeMy WebLinkAbout20160705_Incomplete LetterF:\Users\PLN\Shared\PA's\PAs - 2016\PA2016-112\PA2016-112 Incomplete Letter_07052016.docx
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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
NOTICE OF INCOMPLETE FILING
Via Email
July 5, 2016
MConsensus
Attn: Marice DePasquale
3609 W. MacArthur Boulevard, #812
Santa Ana, CA 92704
marice@mconsensus.com
Application No.
Minor Use Permit No. UP2016-029
Lot Merger No. LM2016-007
(PA2016-112)
Address 2200 and 2202 Newport Boulevard
Please be advised that after reviewing the subject applications, your submittal has been
deemed incomplete and further information is required before we are able to proceed
with the application process.
Based on comments provided by the Building Division, the proposed project will likely be
considered new construction due to the amount of repairs and upgrades required. Being
that the structure is nonconforming as it exceeds the allowable floor area maximum, the
project is also subject to Newport Beach Zoning Code Section 20.38.080 (Repair of
Damaged or Partially Destroyed Nonconformities). If a nonconforming structure is
involuntarily damaged or destroyed to an extent of more than seventy-five (75) percent of
its replacement cost, the nonconformity may be restored to its original condition subject to
the approval of a minor use permit. An application for the minor use permit shall be made
within twelve (12) months after the damage or destruction occurs. Replacement of the
structure will be reviewed as a discretionary action in conjunction with the Minor Use
Permit for the eating and drinking establishment use.
The following documentation is required to complete the applications:
General
1. Property Ownership. Please provide one copy of a Preliminary Title Report not
more than six months old from the date of application submission that properly
identifies the legal description of the project site.
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2. Public Noticing Requirements. Please refer to the Planning Division’s handout on
Public Noticing Requirements for more information on the application materials
required for a public hearing (attached).
3. Project Review Requests (PRRs). Please review the PRRs provided by each
reviewing department (attached) and address each comment by revising the plans
as necessary.
Lot Merger
Given the extent of the proposed project, a lot merger to formally merge Lots 15 and 16 is
required. Reference the following information for this application.
4. Application. Please provide a completed Planning Permit Application for a Lot
Merger (attached). Please note, the name of the record owners must appear
exactly as shown on the recorded deed. The record owners, including Trustees of
Trusts, of all lots involved must sign the application form before a Notary Public and
attach the appropriate certificate of acknowledgement.
5. Exhibits. A licensed surveyor or civil engineer shall prepare, sign and stamp
Exhibits A, B and C (attached) providing the respective, specific requirements
indicated below. Each Lot Merger application must be accompanied by four sets of
each exhibit with at least with at least one set with original signatures.
Exhibit A – Legal Description
Completed with the names of current record owners, assessor parcel
numbers, and legal descriptions of the proposed parcel.
Exhibit B – Lot Merger Map
Exhibit B shall provide the Lot Merger, including the following information:
a) Map scale and north arrow.
b) The location of the project site in relation to the existing streets and
alleys and the distance to the nearest cross street. The location and
width of all existing easements or rights-of-ways, whether public or
private, for roads, alleys, drainage, sewers, or flood control purposes.
Indicate the parties having an interest in easements.
c) The existing and proposed lot layout. Show bearings and distances
for all parcel lines. Show the existing lot numbers and the recorded
reference. Use a heavy solid line for the proposed lot line location,
light solid lines for existing property lines that are to remain
unchanged, dashed lines for existing property lines to be adjusted,
and finer dashed lines for existing easements.
d) The number for each proposed parcel (i.e. Parcel 1, Parcel 2, etc.)
and the net area of each parcel. Net area equals the gross area
minus any easements that restrict the surface use of the property,
such as vehicular pedestrian easements. Please label as “Net Area.”
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e) Show the existing lot numbers and reference the recorded document
in dotted or lighter line weight for project site and adjoining lots.
Exhibit C – Site Plan
Since only certain information can be on the official recorded Lot Line
Adjustment or Lot Merger Map (Exhibit B), a second map (Exhibit C) is
required showing additional, necessary information to verify compliance with
adopted City ordinances. The following information must be included:
a) The location and width of all existing easements or rights-of-way,
whether public or private, for roads, alleys, drainage, sewers, or flood
control purposes. Indicate the parties having an interest in the
easements.
b) The location of any aboveground or underground structures on the
site. Dimension distances from proposed property lines to structures.
If there are no structures on the lot proposed for adjustment, add a
note on the map stating that fact.
Minor Use Permit
6. Plans. Please provide an exhibit showing existing and proposed net public area
(defined below). Be advised, the outdoor dining area cannot exceed 25 percent of
the interior net public area. Demonstrate compliance.
“Area, net public” means the total area used to serve customers, including customer sales
and display areas, customer seating areas, service counters, and service queue and
waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and
similar areas used by the employees of the establishment.
7. Plans. Please also provide an area calculation exhibit to clearly demonstrate what
is being included and excluded from the gross floor area (defined below)
calculation. Be advised, there shall be no addition of gross floor area permitted as
the existing building is considered legal nonconforming.
“Floor area, gross” for Multi-Unit Residential, Mixed-Use, and Nonresidential Structures.
a. For multi-unit residential, mixed-use, and nonresidential structures, the following
areas shall be included in calculations of gross floor area:
i. The surrounding exterior walls; and
ii. Any interior finished portion of a structure that is accessible and that
measures more than four feet from finished floor to ceiling.
b. The following areas shall be excluded:
i. Stairwells and elevator shafts above the first level;
ii. Outdoor dining areas associated with an eating and drinking establishment;
and
iii. Parking structures associated with an allowed use within the same
development.
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8. Project Description. Please clarify whether or not beer and wine be served in the
outdoor dining area. As a note, the project has also been routed to the Police
Department for review and comments, but a response has not been returned.
9. Project Description. Please clarify as the description notes a less than 10-percent
addition of floor area for storage. Regardless of use, additional floor area is not
permissible for this project as the building is already over the allowable floor area
ratio.
Heritage Sign
Please note, a heritage sign is subject to Newport Beach Zoning Code Section 20.42.180
(Heritage Signs). The review authority is the Planning Commission. This will likely be a
separate submittal subsequent to this application.
Upon verification of completion, the application will be processed and scheduled for a
Zoning Administrator Hearing. Should you have any questions regarding submittal
requirements, please contact me at 949-644-3253 or bzdeba@newportbeachca.gov.
Benjamin M. Zdeba, AICP
Associate Planner
Attachments: Public Noticing Requirements
Lot Merger Application
Lot Merger Information and Requirements
Project Review Request (PRR) Responses
c:
Crab Cooker Restaurant
Attn: James Wasko
2200 Newport Boulevard
Newport Beach, CA 92663
jw@crabcooker.com
Public Hearing Requirements
Community Development Department
Planning Division
100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915
(949)644-3204 Telephone / (949)644-3229 Facsimile
www.newportbeachca.gov
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For projects requiring a public hearing, the application shall include the items listed below. Please be advised
that the items are required to be no older than 6 months utilizing names and addresses from the last equalized
assessment roll and utilizing the most recent assessor’s maps or alternatively, from such other records that
contain more recent information.
Mailing Labels
2 (two) sets and 1 (one) copy of Mailing Labels. Mailing Labels shall be printed on Avery 5160 address labels
(or equivalent to) and contain the parcel numbers, names, and mailing addresses for all owners of property
located within a 300-foot radius, excluding intervening right-of-ways and waterways, of the exterior boundaries of
the subject parcel.
Sample Format:
423-111-02
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Note: It is the applicant’s responsibility to inform the title company or ownership listing service if occupant or any
other specific labels are required in addition to property owner labels based on the submittal requirements of
application and/or the Planning Division’s recommendation.
Written Affidavit
A written affidavit from the title company or ownership listing service, who prepared the assessor’s parcel map and
mailing labels, verifying that the information was prepared utilizing names and addresses from the last equalized
assessment roll and utilizing the most recent assessor’s maps, or alternatively, from such other records that
contain more recent information. See Attachment A (Written Affidavit Example).
Radius Map (Assessor’s Parcel Map)
An Assessor’s Parcel Map indicating all parcels within a 300-foot radius, excluding intervening right-of-ways
and waterways, of the exterior boundaries of the subject property. The radius line and subject property shall be
indicated on the map. See Attachment B (Radius Map Example).
Attachment A (Written Affidavit Example)
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[Letterhead of the Title Company or Ownership Listing Service]
Please see the attached radius map and mailing labels created for properties within a 300-foot radius,
excluding intervening rights-of-way and waterways, of the exterior boundaries of the subject parcel located at (site
address) in the City of Newport Beach, County of Orange. The property information was acquired through the
County Assessor’s office. Further, the information is based upon the most up-to-date records of the county tax
assessor and is deemed reliable, but is not guaranteed.
______________________________________________ ___________________
Signature of Preparer Date Prepared
Attachment B (Radius Map Example)
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= Project Address
300-foot radius excluding intervening rights-of-way and waterways
of the exterior boundaries of the subject parcel
X
X
Lot Merger/Lot Line Adjustment Information
Community Development Department - Planning Division
100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915 (949)644-3204 Telephone l (949)644-3229 Facsimile
www.newportbeachca.gov
General Information
Lot Merger
A Lot Merger for purpose of Chapter 19.68 of the Newport Beach Municipal Code is a boundary adjustment to join
four or fewer adjoining parcels under one fee ownership where no more than three parcels are eliminated. If a merger involves the elimination of more than three parcels, tentative and final parcel maps shall be required.
When a building site consists of one or more lots and/or portions of more than one lot, a Lot Merger is required to
combine the lots into a single building site when new construction is proposed or alterations to an existing structure are proposed to cross a lot line.
An application for a Lot Merger may be accepted when it can be determined that the proposal complies with the following specifications:
1. 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; and
2. The lots to be merged are under common fee ownership at the time of the merger; and 3. 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; and 4. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger;
and
5. 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.
Lot Line Adjustment
A Lot Line Adjustment for purpose of Chapter 19.76 of the Newport Beach Municipal Code is a minor
boundary adjustment involving four or fewer adjacent lots or parcels where the land taken from one parcel is
added to an adjacent parcel with the original number of parcels remaining unchanged after the adjustment.
An application for a Lot Line Adjustment may be accepted when it can be determined that the proposal
complies with the following specifications: 1. Approval of the Lot Line Adjustment will not, under the circumstances of the 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 line adjustment is
consistent with the legislative intent of this title.
2. The number of parcels resulting from the Lot Line Adjustment remains the same as before the Lot Line Adjustment.
3. The Lot Line Adjustment is consistent with applicable zoning regulations except that nothing herein shall
prohibit the approval of a Lot Line Adjustment so long as none of the resultant parcels is more nonconforming as to lot width, depth and area than the parcels that existed prior to the lot line adjustment.
4. Neither the lots as adjusted nor adjoining parcels will be deprived of legal access as a result of the lot line
adjustment.
Lot Merger/Lot Lot Line Adjustment Information – 2 of 3
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5. That the final configuration of the parcels involved will not result in the loss of direct vehicular access from
an adjacent alley for any of the parcels that are included in the Lot Line Adjustment.
6. That the final configuration of a reoriented lot does not result in any reduction of the street side setbacks as currently exist adjacent to a front yard of any adjacent key, unless such reduction is accomplished
through a zone change to establish appropriate street side setbacks for the reoriented lot. The Planning Commission and City Council, in approving the zone change application, shall determine that the street side setbacks are appropriate and are consistent and compatible with the surrounding pattern of
development and existing adjacent setbacks. Application Requirements To apply please provide the following:
1. A completed Planning Permit Application for a Lot Line Adjustment or Lot Merger (attached).
Please note the name of the record owners must appear exactly as shown on the recorded deed. The
record owners, including Trustees of Trusts, of all parcels involved must sign the application form before a Notary Public and attach the appropriate certificate of acknowledgment. A signature form is attached.
2. One (1) copy of a Preliminary Title Report not more than 6 months old from the date the application will be submitted that identifies the legal description of property.
3. Grant/Quitclaim Deeds
After approval of the Lot Line Adjustment/Lot Merger by the Zoning Administrator, the applicant shall have Grant/Quitclaim Deed(s) prepared before the recordation of the Lot Line Adjustment/Lot Merger. Since the recording information will not be known when the deeds are prepared, leave blanks so that the
appropriate data can be added at the time of recordation. The new Grant/Quitclaim Deed(s) shall contain legal descriptions that make reference to the proposed Lot Line Adjustment/Lot Merger Parcel(s) and
recording information. An example would be:
Parcel 1 of Lot Line Adjustment No. 95-1 recorded April 17, 1995 as Instrument No. 95-123456 of Official
Records in the office of the County Recorder of said County.
4. A licensed surveyor or civil engineer shall prepare, sign, and stamp Exhibits A, B, and C (attached)
providing the respective, specific requirements indicated below. Each Lot Line Adjustment or Lot Merger Application must be accompanied by four (4) sets of each exhibit with at least one (1) set with original signatures. Faxed copies will not be accepted.
Exhibit A - Legal Description(s)
Exhibit A shall be completed with the names of the current record owners, assessor parcel numbers, and
legal description(s) of the proposed parcel(s).
Exhibit B – Lot Line Adjustment/Lot Merger Map
Exhibit B shall provide the Lot Line Adjustment or Lot Merger Map, including the following information:
a. Map scale and north arrow.
b. The location of the project site in relation to the existing streets and alleys and the distance to the
nearest cross street. The location and width of all existing easements or rights-of-ways, whether public or private, for roads, alleys, drainage, sewers, or flood control purposes. Indicate the parties having an
interest in the easements.
Lot Merger/Lot Lot Line Adjustment Information – 3 of 3
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c. The existing and proposed lot layout. Show bearings and distances for all parcel lines. Show the
existing lot numbers and the recorded reference. Use a heavy solid line for the proposed lot line
location, light solid lines for existing property lines that are to remain unchanged, dashed lines for existing property lines to be adjusted, and finer dashed lines for existing easements.
d. The number for each proposed parcel (i.e. Parcel 1, Parcel 2, etc.) and the net area of each parcel. Net area equals the gross area minus any easements that restrict the surface use of the property, such as vehicular pedestrian easements. Please label as “Net Area.”
e. Show the existing lot numbers and reference the recorded document in dotted or lighter line weight for project site and adjoining lots.
Exhibit C – Site Plan
Since only certain information can be on the official recorded Lot Line Adjustment or Lot Merger Map
(Exhibit B), a second map (Exhibit C) is required showing additional, necessary information to verify compliance with adopted City ordinances. The following information must be included:
a. The location and width of all existing easements or rights-of-way, whether public or private, for roads, alleys, drainage, sewers, or flood control purposes. Indicate the parties having an interest in the
easements.
b. The location of any aboveground or underground structures on the site. Dimension distances from proposed property lines to structures. If there are no structures on the lot proposed for adjustment,
add a note on the map stating that fact. 5. Public Noticing Requirements.
Please refer to the Planning Division’s handout on Public Noticing Requirements for more information on the application materials required for a public hearing.
6. Filing Fee
A filing fee is required at the time of filing to partially defray the cost of processing and other expenses.
The Planning Department will advise you of said fee.
7. Electronic Copy All of the above submittal items are required to be submitted in an electronic format (i.e., USB flash
drive or CD-ROM) as determined by the Planning Department prior to application submittal.
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Recording
This Space for Recorder’s Use Only
Requested by and Mail to:
City of Newport Beach Public Works Dept Attn: Subdivision
100 Civic Center Drive P.O. Box 1768
Newport Beach, CA 92658
Lot Line Adjustment/Lot Merger
Address(es) or Property Involved:
Owner(s) Affidavit
I (We) hereby certify under penalty of perjury that 1) I am (we are) the record owner(s) of all parcels
proposed for adjustment by this application, 2) I (We) have knowledge of and consent to the filing of
this application, 3) the information submitted in connection with this application is true and correct; and 4) I (We) consent to the recordation of these documents.
RECORD OWNERS:
Parcel
NAME:
Signature of parcel owner Signature of parcel owner
Parcel
NAME:
Signature of parcel owner Signature of parcel owner
Parcel
NAME:
Signature of parcel owner Signature of parcel owner
Parcel
NAME:
Signature of parcel owner Signature of parcel owner
NOTE: Each of these signatures must be notarized, using the appropriate Jurat attached and completed by a Notary Public. Approved for Recording CITY OF NEWPORT BEACH
City Engineer: Date:
ACKNOWLEDGMENT
State of California County of ______________________} ss.
On _______________________ before me, _____________________________, Notary Public, personally appeared ____________________________________________________
______________________________________________________________________,who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________
Signature
(seal)
OPTIONAL INFORMATION
Date of Document _________________________ Thumbprint of Signer
Type or Title of Document _________________________
Number of Pages in Document _________________________ Document in a Foreign Language _________________________
Type of Satisfactory Evidence: _____ Personally Known with Paper Identification
_____ Paper Identification _____ Credible Witness(es) Check here if Capacity of Signer: no thumbprint
_____ Trustee or fingerprint _____ Power of Attorney is available.
_____ CEO / CFO / COO _____ President / Vice-President / Secretary / Treasurer
_____ Other: _________________________________
Other Information:_______________________________________________________________ _____________________________________________________________________________
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EXHIBIT “A”
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA - ; OR
LOT MERGER NO. LM -
(LEGAL DESCRIPTION)
OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
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EXHIBIT “B”
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA - ; OR
LOT MERGER NO. LM -
(MAP)
OWNER OWNER OWNER
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EXHIBIT “C”
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA - ; OR
LOT MERGER NO. LM -
(SITE PLAN)
OWNER OWNER OWNER