HomeMy WebLinkAboutZA2013-036 - Approved LM2013-002 - 506 and 512 Signal RoadRESOLUTION NO. ZA2013 -036
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER
LM2013 -002 AND A WAIVER OF THE PARCEL MAP
REQUIREMENT FOR A LOT MERGER LOCATED AT 506 & 512
SIGNAL ROAD (PA2013 -102)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
1. An application was filed by Joseph Flanagan, with respect to property located at 506 and
512 Signal Road, and legally described as Parcel 1 and Parcel 2 of LA2004 -001
requesting approval of a Lot Merger.
2. The applicant proposes to merge two adjacent lots of land to create a single lot of land
for an existing single - family development and future additions to this development.
3. The subject property is located within the Single -Unit Residential (R -1) Zoning District
and the General Plan Land Use Element category is Single -Unit Residential Detached
(RS -D).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on July 11, 2013 in the Corona del Mar Conference Room
(Bay E -1 st 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. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 5 (Minor Alterations in Land
Use Limitations).
2. Class 5 consists of minor alterations in land use limitations in areas with an average
slope of less than 20 percent, which do not result in any changes in land use or
density.
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:
Zoning Administrator Resolution No. ZA2013 -036
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Findinq:
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:
A -1. The lot merger to combine two existing legal lots by removing the interior lot line between
them will not result in the creation of additional lots.
A -2. The project is in an area with an average slope of less than 20 percent.
A -3. The lot merger is consistent with the purpose and intent of Title 19 (Subdivisions). The
proposed merger will protect land owners and surrounding residents, and will preserve
the public health, safety, and general welfare of the City.
A -4. The future development on the proposed lot will be subject to the Zoning Code
development standards.
Finding:
B. The lots to be merged are under common fee ownership at the time of the merger.
Facts in Support of Finding:
B -1. The two lots to be merged are under common fee ownership as indicated by the title
reports provided by the applicant.
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:
C -1. The merged lot will retain the Single -Unit Residential zoning designation, consistent with
the surrounding area. The R -1 Zoning District is intended to provide for areas appropriate
for a detached single - family residential dwelling units located on a single lot.
C -2. The new lot will comply with the Zoning Code requirements for lot width and size which
requires a minimum width of 50 feet and minimum area of 5,000 square feet.
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C -3. 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.
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:
D -1. The lots as merged will not be deprived of legal access as the merged lot will abut a
street consistent with existing conditions.
D -2. No adjoining lots will be deprived of legal access as a result of the merger. The public
streets were developed to provide vehicular access for the properties located in the area.
Vehicular access to and from the subject site and adjacent properties would remain via
the public street (Signal Drive).
Finding:
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:
E -1. Lot widths in the area vary from 60 to 125 feet; likewise lot sizes vary from
approximately 7,000 square feet to almost 18,000 square feet. The subject lots, as
merged, will result in a 16,330- square -foot lot that is a larger lot in the area. However,
due to the inconsistency of lot widths and sizes the merged lot will be consistent with
the surrounding development.
E -2. Development within the R -1 Zoning District is allowed a maximum floor area equal 2.0
times the buildable area of the lot. The merged lot will not be developed beyond this
maximum development limit and will be developed consistent with the surrounding
development.
E -3. The existing devlopment already utilizes both lots for a single - family use. A lot line
adjustment in 2004 moved a portion of the interior lot line between the two lots and
created an irregular shape to allow the addition of a porch across the original lot lines.
Therefore, keeping the existing lots as is with irregular shapes would be more
inconsistent with the surrounding pattern of development than merging the two lots.
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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:
F -1. Future improvements on the site will be required to comply with the development
standards of the Municipal Code and General Plan.
F -2. The proposed lot merger combines the properties into a single lot of land and does not
result in the elimination of more than one lot.
F -3. 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 Title 19, and General
Plan.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No.
LM2013 -002, 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 111h DAY OF JULY, 2013.
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EXHIBIT "A"
1. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. 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.
3. Prior to the issuance of any building permit for 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.
4. Lot Merger No. LM2013 -002 shall expire unless exercised within 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.
5. 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 Flannagan Lot Merger including, but not limited to,
the Lot Merger No. LM2013 -002. 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.
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