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Home My WebLink About02_Shaoulian Lot Merger_PA2014-218 wP COMMUNITY DEVELOPMENT DEPARTMENT H y PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768,Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 �9LIFOR 'P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT January 15, 2015 Agenda Item No. 2 SUBJECT: Shaoulian Lot Merger - (PA2014-218) 328, 332, and 340 Old Newport Boulevard ■ Lot Merger No. LM2014-005 APPLICANT: Fuscoe Engineering PLANNER: Jaime Murillo, AICP, Senior Planner (949) 644-3209, jmurillo@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: OG (Office General) • General Plan: CO-G (General Commercial Office) PROJECT SUMMARY A lot merger application and a request to waive the parcel map requirement to combine four lots into a single parcel for future medical office development. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. approving Lot Merger No. LM2014-005 (Attachment No. ZA 1). DISCUSSION • The site includes four abutting lots located in the Old Newport Boulevard corridor of the City and measures 25,725 square feet in area. Existing development consists of an office building on Lot 8, an office building on Lot 9 and 10, and a mixed-use building on Lot 11 (Attachment No. ZA 2). • On March 29, 2010, the City Council adopted Resolution No. 2010-21 (PA2008-047) authorizing the redevelopment of the site with a 25,000-square-foot medical office I �� QP �� P P�" O� �� \�� Shaoulian Lot Merger Zoning Administrator, January 15, 2015 Page 2 building. Project approvals included a general plan amendment, modification permit, use permit, and a traffic study. Specifically, the general plan amendment created an anomaly within the Land Use Element (Anomaly Location No. 76), which authorizes a floor area ratio (FAR) of 1 .0, provided that all four legal lots are consolidated into one parcel to provide future unified site design. • The applicant seeks to implement the approvals of Resolution No. 2010-21 and construct the new medical office building, necessitating this subject lot merger application (Attachment No. ZA 3). • Pursuant to Newport Beach Municipal Code Section 19.04.035 (Development Across Property Lines), no person shall develop any structure including, but not limited to, a principal or accessory structure across a lot line. With the approval of the lot merger and the demolition of the existing structures, the proposed new office building can be constructed on the project site in conformance with the Municipal Code and City Council Resolution No. 2010-21. • The lot size and future uses are consistent with the General Plan, Local Coastal Plan, and the Zoning Code. • As demonstrated in the attached draft resolution, staff believes the proposed merger meets the requirements of Title 19 (Subdivisions), the findings for approval can be made, and the waiver of the parcel map requirement can be supported. ENVIRONMENTAL REVIEW All significant environmental concerns for the proposed project have been addressed in the Old Newport Boulevard General Plan Amendment (PA2008-047) Mitigated Negative Declaration (MND) previously adopted by the City Council on March 9, 2010, and that the City of Newport Beach intends to use said document for the above noted project. The MND indicates that the proposed project and future office development will not result in a significant effect on the environment and further that there are no additional mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Division or at the City of Newport Beach website under Archived Environmental Documents at www.newportbeachca.gov/cegadocuments. 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 Tmplt:04-17-14 Shaoulian Lot Merger Zoning Administrator, January 15, 2015 Page 3 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 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: Ja e Murillo Senior Planner JM Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Lot Merger Exhibits Tmplt:04-17-14 1 Attachment No. ZA 1 Draft Resolution �� QP �� P P�" O� �� \�� RESOLUTION NO. ZA2014- A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM2014-004, WAIVING THE PARCEL MAP REQUIREMENT, AND COMBINING FOUR LOTS INTO A SINGLE PARCEL FOR PROPERTY LOCATED AT 328, 332, AND 340 OLD NEWPORT BOULEVARD (PA2014-218) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Fuscoe Engineering with respect to property located at 328, 332, and 340 Old Newport Boulevard, legally described as a Lots 8, 9, 10, and 11 of Tract 1136 within the City of Newport Beach, County of Orange, State of California. 2. The applicant proposes a lot merger application and a request to waive the parcel map requirement to combine four lots into a single parcel for future office development. 3. The subject properties are located within the OG (Office General) Zoning District and the General Plan Land Use Element category is CO-G (General Commercial Office). 4. The subject properties are not located within the coastal zone. 5. A public hearing was held on January 15, 2015, 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. All significant environmental concerns for the proposed project have been addressed in the Old Newport Boulevard General Plan Amendment (PA2008-047) Mitigated Negative Declaration (MND) previously adopted by the City Council on March 9, 2010, and that the City of Newport Beach intends to use said document for the above noted project. The MND indicates that the proposed project and future office development will not result in a significant effect on the environment and further that there are no additional mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Division or at the City of Newport Beach website under Archived Environmental Documents at www.newportbeachca.gov/cegadocuments. Zoning Administrator Resolution No. ZA2014- Page 2 of 6 SECTION 3. REQUIRED FINDINGS. Merger of Continuous Lots In accordance with Section 19.12.070.A (Required Findings for Approval) of the City of Newport Beach Municipal Code, the following finding 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 Title 19. Facts in Support of Finding: 1. Per Section 19.04.035 of the Municipal Code (Development Across Property Lines), structures cannot be constructed across property lines. With the approval of the lot merger and the demolition of the existing structures, the proposed new office building can be constructed on the project site in conformance with the Code and City Council Resolution No. 2010-21. 2. The project is similar to the development of other properties on Old Newport Boulevard which have merged smaller lots into larger development sites; these developments have not been detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the neighborhood or injurious to property and improvements in the neighborhood or the general welfare of the City. 3. Future building improvements are required to comply with applicable Municipal Code regulations and City policies. Finding: B. The lots to be merged are under common fee ownership at the time of the merger. Facts in Support of Finding: 1. Lots 9, 10, and 11 are held under the ownership of Emanuel Shaoulian as his sole and separate property. Lot 8 is held under the 70 percent ownership of Emanuel Shaoulian as trustee of the Shaoulian Revocable Living Trust and 30 percent ownership of Sameul M. Shaolian and Rozita Shaolian, Co-Trustees of the Samuel M. and Rozita Shaolian Family Trust. 07-22-2014 g Zoning Administrator Resolution No. ZA2014- Page 3 of 6 2. A condition of approval has been added requiring the four lots to be held under common fee ownership prior to the recordation of the lot merger. 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 lots will be consistent with the applicable OG district regulations and other regulations relating to the subject property. The resulting parcel will be approximately 25,725 square feet in area, exceeding the minimum lot area requirements of 5,000 square feet. 2. The Land Use Element of the General Plan designates the subject site as CO-G (General Commercial Office), which is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. The lot merger will allow for the redevelopment of the site with a medical office development, consistent with the intent of the CO-G land use designation. 3. The project implements the development condition of Anomaly Site No. 76 in the Land Use Element of the General Plan, which authorizes a floor area ratio (FAR) of 1.0, provided that all four legal lots are consolidated into one parcel to provide future unified site design. Finding- D. indin :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. Neither of the merged parcels, nor the adjoining parcels, will be deprived of legal access as a result of the merger. Legal access will remain from the street frontage of Old Newport Boulevard and from the alley at the rear. 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. 07-22-2014 q Zoning Administrator Resolution No. ZA2014- Page 4 of 6 Facts in Support of Finding: 1. The Old Newport corridor of the City consists of office and commercial service developments on lots of varying size. The proposed lot merger would remove the interior property line between the subject properties to permit the parcel as a single, unified site, and would not result in a development pattern, inconsistent with the existing development on Old Newport Boulevard. 2. Consolidation of the lots would allow for future unified development of the site, reducing the number of vehicular access points on Old Newport Boulevard and increasing on-street parking opportunities. Waiver of Parcel Map In accordance with Section 19.08.030.A.3 (Waiver of Parcel Map Requirement) of the City of Newport Beach Municipal Code, 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 finding are set forth: Finding: F. That 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 Title 19, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding- 1. inding:1. The proposed lot merger will result in a parcel that is approximately 25,725 square feet square feet in area which is compliant with the Zoning Code requirement of 5,000 square feet for a newly created parcel within the OG district. 2. The lots are currently developed. Approval of the proposed lot merger would remove the existing interior lot line, and allow the properties to be used as a single site for development. The lot merger in and of itself would not change the land use, density, and intensity. The proposed merged parcel would comply with all design standards and improvements required for new subdivisions by Title 19, the Zoning Code, and General Plan. 3. The proposed parcel will have a frontage on Old Newport Boulevard and alley access off rear; therefore, the proposed lot merger will not result in a deprivation of legal access. 4. The proposed lot merger does not result in the elimination of more than three lots. 07-22-2014 10 Zoning Administrator Resolution No. ZA2014- Page 5 of 6 5. Any improvements to the project site are required to comply with applicable Municipal Code regulations and City policies. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No. LM2014-005 (PA2014-218), 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 15TH DAY OF JANUARY, 2015. Brenda Wisneski, AICP, Zoning Administrator 07-22-2014 Zoning Administrator Resolution No. ZA2014- Page 6 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 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 recordation of the lot merger, the four lots shall be held entirely under one common fee ownership. 4. Prior to the issuance of building permits allowing construction to cross the existing interior lot lines between the four lots proposed to be merged, recordation of the lot merger documents with the County Recorder shall be required. 5. Lot Merger No. LM2014-005 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. 6. 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 Shaoulian Lot Merger including, but not limited to, Lot Merger No. LM2014-005 (PA2014-218). 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. 07-22-2014 1 Attachment No. ZA 2 Vicinity Map 1s �� QP �� P P�" O� �� \�� HOgPITg1 33j� .; •r l,,i��so e� 36 361 9°gy 1 359 34p e yon. 355 3S� fooj LID r 349 1 ` .• �. SLP J 31 OW 0 326 323 000 �?o •� � �� , 3 .4• • �6.1 Adil 4 =' :�: tf��,! 3�5 � •` s' `iia �o Newport Beach Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided,however,The City of GIS Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. ° m 0 100 200 �j Imagery: 2009-2013 photos provided by Eagle u Feet Imaging www.eagleaerial.com G�JPOIAX 12/16/2014 15 �� QP �� P P�" O� �� \�� Attachment No. ZA 3 Lot Merger Exhibits i7 �� QP �� P P�" O� �� \�� PA?014-218 Attachment No. ZA 3 - Lot Merger Exhibits EXHIBIT 'W' SHEET 1 OF 3 CITY OF NEWPORT BEACH LOT MERGER NO. LM 2014- (LEGAL DESCRIPTION) EXISTING PARCELS PROPOSED PARCELS OWNERS AP NUMBER REFERENCE NUMBER EMANUEL SHAOULIAN, M.D. 425-381-06, 07 AND 08 PARCEL 1 PARCEL is LOTS 8 THROUGH 11, INCLUSIVE, OF TRACT NO. 1136, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 37, PAGES 18 AND 19 OF MISCELLANEOUS DAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. NOTE: THERE MAY BE EASEMENTS OF RECORD DELINEATED AND REFERENCED ON THE UNDERLYING MAP OR THERE MAY BE OTHER RECORDED EASEMENTS WITHIN THE AREA BEING ADJUSTED THAT ARE NOT SHOWN ON THIS DOCUMENT THAT COULD ENCUMBER SAID PARCELS HERON. THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION. L-S 5347 LAPdD U �0 S � y s� IS 531 �Q Of CAO �9 PA?014-218 Attachment No. ZA 3 - Lot Merger Exhibits EXHIBIT IPBFP SHEET 2 OF 3 CITY OF NEWP0RT BEACH LOT MERGER NO. LM 2014- (MAP) EXISTING PARCELS PROPOSED PARCELS OWNERS AP NUMBER REFERENCE NUMBER EMANUEL SHAOULIAN, M.D. 425-381-06, 07 AND 08 PARCEL 1 /N34"59-35"E / 17.03 j N5537'OO" o 20.54' LEGEND EXISTING LOT LINE - LOT LINE TO BE REMOVED / PARCEL 1 All �Q. A 7RACD r IN a JJ36 v \ �O N v N69 55 29„� '00.00, (f J rRgo� SCALE: 1"=40' r r'j1\J1, , J 6 2/J 3 .B -J �� - �D PA2014-218 Attachment No. ZA 3 - Lot Merger Exhibits EXHIBIT rs^ee SHEET 3 OF 3 CITY OF NEWPORT BEACH LOT MERGER NO. LM 2014- (SITE PLAN) EXISTING PARCELS PROPOSED PARCELS OWNERS AP NUMBER REFERENCE NUMBER EMANUEL SHAOULIAN, M.D. 425-381-06, 07 AND 08 PARCEL 1 SO RC - -r.R_l/_\ CC-r /J\J e PCL - J i SCALE:—. =