HomeMy WebLinkAbout05_Seaward Road, LLC Lot Merger_PA2022-096CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 29, 2022
Agenda Item No. 5
SUBJECT: Seaward Road, LLC (PA2022-096)
▪Lot Merger No. LM2022-001
SITE LOCATION: 564 Seaward Road
APPLICANT/
OWNER: Seaward Road, LLC
PLANNER: Caitlyn Curley, Planning Technician
949-644-3235 or ccurley@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached)
•Zoning District: R-1-6000 (Single-Unit Residential (6000 Indicates Minimum Lot Area))
•Coastal Land Use Plan Category: RSD-A (Single Unit Residential Detached) (0.0 –
5.9 DU/AC)
•Coastal Zoning District: R-1-6000 (Single-Unit Residential (6000 Indicates Minimum
Lot Area))
PROJECT SUMMARY
A lot merger to combine two parcels held in common by removing the lot line that separates
them to allow for future improvements across the existing interior property line. The
application also includes a request to waive the requirement to file a parcel map. The front
property is developed with a single-family home, while to rear lot is undeveloped and
currently acts as a backyard for the home on the front property.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter
3, 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.
LM2022-001 (Attachment No. ZA 1).
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Seaward Road, LLC (PA2022-096)
Zoning Administrator, September 29, 2022
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DISCUSSION
• An application was filed by Seaward Road, LLC, with respect to the property located
at 564 Seaward Road. The property is legally described as Lot 175 of Tract 1237,
Corona Highlands. The parcel to be merged to the east shares the same address and
is legally described as Lot 7 of Tract 14795. The lots created by Tract No. 14795 were
the unincorporated territory of Orange County created in 1993 for conveyance
purposes only and are not considered legal building sites per the City’s conditions of
approval.
• The parcels contained in Tract No. 14795 were purchased from the Irvine Company
by “Seaward Seventeen, Inc.” a collation of homeowners along the easterly side of
Seaward Road, in the early 1990s. The intent of this purchase was to provide a buffer
between the Pelican Hill Golf Club and the residential properties along Seaward Road.
Over the past couple of decades, several applications have been approved to merge
these “buffer lots” with the principal parcels along Seaward Road.
• The purpose of the Lot Merger is to legally merge the two lots into one parcel to allow
for future structures across the existing interior lot line.
• The Lot Merger application does not include nor proposes any change in the density
or intensity of land use and, therefore, is not considered development as defined in
Newport Beach Municipal Code (NBMC) Chapter 21.70. For this reason, a coastal
development permit is not required.
• Any future construction will be required to comply with the NBMC Planning and Zoning
(Title 20) and Local Coastal Program Implementation Plan (Title 21) development
standards, including parking and setback requirements.
• NBMC Section 20.18.030 and Section 21.18.030 (Residential Districts General
Development Standards) establish the minimum lot area and width requirements. The
proposed merger would create one average 69-foot-wide by 152-foot-deep parcel
resulting in approximately 10,377 square feet of lot area. The proposed parcel exceeds
the minimum 50-foot width standard and the minimum 6,000-square-foot interior lot
area standard.
• The proposed lot merger will create a parcel similar in size to those in the vicinity
and neighborhood.
• The configuration of the parcel will not change and it will remain oriented toward
Seaward Road. The merger will remove an interior lot line that presently bisects the
outdoor living area.
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Seaward Road, LLC (PA2022-096)
Zoning Administrator, September 29, 2022
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•The proposed merger is consistent with the character and general orientation of
adjacent and/or adjoining lots. Although the current configuration is two lots, 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 the character of the
neighborhood and will continue to allow the property to be used for single-family
purposes. The proposed parcel will not change the overall property size and
dimensions.
•Several lots along the street (552, 604, 616, 620, 624, and 626 Seaward Road) have
had similar lot mergers approved and recorded, which also removed a similar interior
lot line.
•The subject property is located in the Hazardous Reduction Zone and has been
conditioned so that any future development of the site must meet the applicable
Newport Beach Fire Department fuel modification requirements.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15305, of the State CEQA (California
Environmental Quality Act) Guidelines under Class 5 (Minor Alterations in Land Use
Limitations). The Class 5 exemption includes minor alterations in land use limitations in
areas with an average slope of 20percent or less, which do not result in any changes in
land use or density including minor lot line adjustments. This exemption includes a minor
lot merger not resulting in the creation of any new parcel or change in density that
complies with the conditions specified above.
The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a
state scenic highway, and is not a hazardous waste site, and is not identified as a
historical resource.
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.
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Seaward Road, LLC (PA2022-096)
Zoning Administrator, September 29, 2022
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APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 10 days
following the date of the action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
MKN/cnc
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Lot Merger Exhibits
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LOT
MERGER NO. LM2022-001 FOR A MERGER AND WAIVER OF
THE PARCEL MAP REQUIREMENT LOCATED AT 564
SEAWARD ROAD (PA2022-096)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Seaward Road, LLC, with respect to the property located at 564
Seaward Road. The lot at 564 Seaward Road is legally described as Lot 175 of Tract 1237,
Corona Highlands. The parcel to be merged to the east shares the same address and is
legally described as Lot 7 of Tract 14795.
2. The Applicant proposes a lot merger and requests to waive the parcel map requirement for
two (2) lots under common ownership. The merger would combine the two (2) legal lots into
a single parcel.
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 (0.0 – 5.9 DU/AC) (RSD-A) and the Coastal
Zoning District is Single-Unit Residential (R-1-6000). The Lot Merger application does not
include nor proposes any change in the density or intensity of land use and is therefore not
considered development as defined in Newport Beach Municipal Code (NBMC) Chapter
21.70 (Definitions). For this reason, a coastal development permit is not required.
5. A public hearing was held on September 29, 2022, online via Zoom. A notice of time, place,
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). 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 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no
potential to have a significant effect on the environment.
2. The Class 5 exemption includes minor alterations in land use limitations in areas with an
average slope of 20percent or less, which do not result in any changes in land use or
density including minor lot line adjustments. This exemption includes a minor lot merger
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not resulting in the creation of any new parcel or change in density that complies with the
conditions specified above.
3.The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a
state scenic highway, and is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 19.68.030 (Lot Mergers), 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 will not result in the creation of additional parcels by removing the interior
lot line between them.
2.The Lot Merger is consistent with the purpose and intent of NBMC Title 19
(Subdivisions), identified in NBMC Subsection 19.04.020 (Purpose and Applicability).
The Lot Merger will ensure all development is contained within the property and there is
no construction crossing legal property lines.
3.The future development on the proposed parcel will be subject to the NBMC Title 20
(Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan)
development standards, which are intended to promote orderly development, protect
neighborhood character, and preserve public health, safety, and general welfare of the
City while implementing the policies of the Coastal Land Use Plan and the California
Coastal Act of 1976.
4.The lots created by Tract No. 14795 were the unincorporated territory of Orange County
created in 1993 for conveyance purposes only and are not considered legal building sites
per the City’s conditions of approval.
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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 (2) lots to be merged are under common fee ownership, as evidenced by the
Preliminary Title Report submitted with the application.
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 parcel 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
areas appropriate for a detached single-family residential dwelling unit located on a single
lot that is 6,000 square feet or greater in area.
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.
3. The Coastal Land Use Plan designates this site as Single Unit Residential Detached (0.0-
5.9 DU/AC) (RSD-A), which provides for density ranging from 0.0-5.9 dwelling units per
acre. The single-family residential 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.
4. Section 20.18.030 of the Zoning Code establishes minimum lot area and width
requirements. The proposed merger would result in an approximately 10,377-square-foot
parcel that is in conformance to the minimum 6,000-square-foot interior lot area standard
of the Zoning Code. The proposed merger would create approximately one (1) 69-foot
wide, exceeding the 50-foot minimum width Zoning Code standard.
5. The subject property is located in the Hazardous Reduction Zone and has been
conditioned so that any future development of the site must meet the applicable
Newport Beach Fire Department fuel modification requirement.
6. The subject property is not located within a specific plan area.
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Finding:
D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a
result of the merger.
Fact in Support of Finding:
1. No adjoining parcels will be deprived of legal access as a result of the merger. The
existing easterly parcel is landlocked. Legal access from the merged parcels is
provided from Seaward Road and will remain unchanged.
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 these findings, the review authority may consider the following:
i. 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.
ii. Whether the merged lots would be consistent with the character or general
orientation of adjacent and/or adjoining lots.
iii. 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. Any future development on the merged lots will be required to meet all applicable
development standards and, therefore, will not 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.
2. The proposed Lot Merger will create a parcel that is consistent with the character or
general orientation of adjacent and/or adjoining lots. Although the current configuration
is two (2) lots, the property is used as a single parcel with one (1) single-family
residence. As a result, the proposed merger will not result in a visible change in the
character of the neighborhood and will continue to allow the property to be used for
single-family purposes.
3. The proposed Lot Merger will create a parcel similar in size and configuration to those
in the vicinity and neighborhood, and which conforms to the minimum lot width and area
standards for the zoning district. See Fact in Support of Finding C (4) above.
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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 findings 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:
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 by NBMC Title 19, the General
Plan, and the Coastal Land Use Plan.
2.The subject property is not located within a specific plan area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby finds this project
categorically exempt from the California Environmental Quality Act pursuant to Section
15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential
to have a significant effect on the environment.
2.The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No.
LM2022-001, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated for reference.
3.This action shall become final and effective 10 days after the adoption of this Resolution
unless within such time an appeal or call for review is filed with the Director of
Community Development in accordance with the provisions of Title 19 (Subdivisions),
of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 29 DAY OF SEPTEMBER 2022.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1.The development shall be in substantial conformance with the approved lot merger
exhibits 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. Material violation of
any of those laws in connection with the use may be cause for revocation of this lot
merger.
4.The subject property is identified within the Hazardous Reduction Zone, and any future
development shall be required to meet the standards listed per Newport Beach Fire
Department Guideline G.01 “Hazard Reduction Zones”.
5.Prior to the issuance of building permits, for any construction to cross the existing interior
lot line between the two (2) lots proposed to be merged, recordation of the Lot Merger
documents with the County Recorder shall be required.
6.All easements shall be plotted, and all easement documents provided upon final map
review.
7.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.
8.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.
9.To the fullest extent permitted by law, the applicant shall indemnify, defend and
hold harmless the 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 Seaward
Road, LLC, but not limited to Lot Merger No. LM2022-001 (PA2022-096). This
indemnification shall include, but not be limited to, damages awarded against the City,
if any, costs of suit, attorney’s fees, and other expenses incurred in connection with
such claim, action, causes of action,
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suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or
bringing such proceeding. The applicant shall indemnify the City for all of the City's costs,
attorney’s fees, and damages that the 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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Lot Merger No. LM2022-001
(PA2022-096)
564 Seaward Road
Subject Property Parcel to be Merged
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Attachment No. ZA 3
Lot Merger Exhibits
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