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HomeMy WebLinkAboutZA2025-017 - APPROVING A LOT MERGER FOR TWO LOTS UNDER COMMON OWNERSHIP BOTH LOCATED AT 2356 REDLANDS DRIVE (PA2025-0002)RESOLUTION NO. ZA2025-017 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LOT MERGER FOR TWO LOTS UNDER COMMON OWNERSHIP BOTH LOCATED AT 2356 REDLANDS DRIVE (PA2025-0002) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Amber Miedema (Applicant) with respect to the property at 2356 Redlands Drive, legally described as Lot 8 of Tract No. 3062. The parcel to be merged to the southeast has no site address and is legally described as a portion of Lot 105 of Tract No. 300 with an Accessor’s Parcel Number (APN) of 439-232-12. 2. The Applicant proposes a lot merger and requests to waive the parcel map requirement for two lots under common ownership. The merger would combine the two legal lots into a single parcel (Project). 3. The subject properties are located within the Single-Unit Residential (R-1-7200) Zoning District and the General Plan Land Use Element category is Single-Unit Residential Detached (RS-D). 4. The subject properties are not located within the coastal zone. 5. A public hearing was held on April 10, 2025, 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 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four 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 years; and the parcel does not have an average slope greater than 20%. This exemption includes a minor lot merger not resulting in the creation of any new parcel that complies with the conditions specified above. Zoning Administrator Resolution No. ZA2025-017 Page 2 of 7 10-18-21 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 Project will not result in the creation of additional parcels by removing the interior lot line between them. 2. The Project 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 NBMC Title 20 (Planning and Zoning), which is 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 to be merged are under common fee ownership, as evidenced by the Preliminary Title Report submitted with the application. Zoning Administrator Resolution No. ZA2025-017 Page 3 of 7 10-18-21 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-1-7200) zoning designation, consistent with the surrounding area. The R-1-7200 Zoning District is intended to provide areas appropriate for a detached single-family residential dwelling unit located on a single lot that is 7,200 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. Section 20.18.030 (Residential Zoning Districts General Development Standards) of the NBMC establishes minimum lot area and width requirements. The Project would result in a 19,786-square-foot parcel that is in conformance to the minimum 7,200-square-foot interior lot area standard of the Zoning Code. The Project does not affect the existing lot width of the subject properties, which are both 66 feet wide. Since the widths required by the NBMC is 70 feet wide, the lots are considered existing legal, nonconforming due to lot width. However, the width of the subject properties are not changed by the Project and the existing 66-foot width is typical of lots within the block. Additionally, the Project would create a lot depth of 299 feet, exceeding the 90-foot minimum depth required by the NBMC. 4. The subject properties are not located within a specific plan area. 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 Project. The existing southeasterly parcel is landlocked. Legal access to the merged parcels is provided from Redlands Drive 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: Zoning Administrator Resolution No. ZA2025-017 Page 4 of 7 10-18-21 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 Project 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 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. 3. Fact 3 in support of Finding C is hereby incorporated as reference. In accordance with Section 19.08.30.(A)(3) (Waiver of Parcel Map Requirement – Activities Eligible for Waiver) of the NBMC, the Zoning Administrator may approve a waiver of the parcel map requirement in cases where no more than three 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 (Subdivisions) and the General Plan. 2. The subject property is not located within a specific plan area. Zoning Administrator Resolution No. ZA2025-017 Page 5 of 7 10-18-21 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 15315 under Class 15 (Minor Land Divisions) 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 PA2025-0002 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 10th DAY OF APRIL, 2025. Zoning Administrator Resolution No. ZA2025-017 Page 6 of 7 10-18-21 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. Prior to the issuance of building permits, for any construction to cross the existing interior lot line between the two lots proposed to be merged, recordation of the Lot Merger documents with the County Recorder shall be required. 5. All easements shall be plotted, and all easement documents provided upon final map review. 6. 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. 7. 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. 8. 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 2356 Redlands Drive Lot Merger, PA2025- 0002. 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, 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 Zoning Administrator Resolution No. ZA2025-017 Page 7 of 7 10-18-21 shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.