HomeMy WebLinkAbout02 - Shiloh LLC Lot Merger - PA2014-223 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT
y PLANNING DIVISION
u 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
c`�LfFOR�,P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 26, 2015
Agenda Item No. 2
SUBJECT: Shiloh LLC Lot Merger - (PA2014-223)
4607 and 4615 Brighton Road
• Lot Merger No. LM2014-006
APPLICANT: Shiloh LLC
OWNER: Shiloh LLC
PLANNER: Jaime Murillo, AICP, Senior Planner
(949) 644-3209, jmurillo@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: R-1-6000 (Single-Unit Residential)
• General Plan: RS-D (Single-Unit Residential Detached)
PROJECT SUMMARY
A lot merger application and a request to waive the parcel map requirement for two
properties, under common ownership, located within Cameo Shores. The merger would
combine two legal lots, Lots 147 and 148 of Tract 3357, into a single parcel for the
future development of a single-unit dwelling.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Lot Merger No.
LM2014-006 (Attachment No. ZA 1).
DISCUSSION
• The two abutting lots are located on the bluff side of Brighton Road in the Cameo
Shores neighborhood of Corona del Mar.
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Shiloh LLC Lot Merger
Zoning Administrator, February 26, 2015
Page 2
• The lots were previously approved for merger by the Zoning Administrator on
June 4, 2007 pursuant to Lot Line Adjustment No. LA2007-005; however, the
approval has since expired.
• Each of the lots is currently developed with single-unit dwellings. One dwelling
will be demolished and the remaining dwelling will be remodeled and expanded.
The project is in compliance with the General Plan Land Use designation and the
Local Coastal Program Land Use Plan.
• Redevelopment of the site will be required to be consistent with the Zoning Code
standards, including parking and setback requirements.
• Both of the lots to be combined comply with Zoning Code required Residential
Development Regulations (20.18.030) relating to lot area and minimum lot width.
• Properties along the bluff side of Brighton Road consist of lots of varying shapes
and sizes. Although the proposed lot merger will create a larger lot, it will not create
an excessively large lot in comparison to many of the existing lots in the area.
• As demonstrated in the attached draft resolution, the proposed merger meets the
requirements of Title 19 (Subdivisions).
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15315, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). The Class 15
exemption includes 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 parcel to local standards 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 percent.
This exemption includes a minor lot merger not resulting in the creation of any new
parcel and complies with the conditions specified above. The lots are subject to a Bluff
Overlay, which restricts development of principal and accessory structures to the bluff
top that consists of a gradual slope averaging less than 20 percent.
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
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Shiloh LLC Lot Merger
Zoning Administrator, February 26, 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.
Prepby:
J ' e Murillo
Senior Planner
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. ZA2015-
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER NO.
LM2014-006, WAIVING THE PARCEL MAP REQUIREMENT,
AND COMBINING TWO LOTS INTO A SINGLE PARCEL FOR
PROPERTY LOCATED AT 4607 AND 4615 BRIGHTON ROAD
(PA2014-223)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Shiloh LLC with respect to property located at 4607 and 4615
Brighton Road, legally described as Lots 147 and 148, of Tract 3357, requesting a lot
merger.
2. The applicant proposes a lot merger and a request to waive the parcel map requirement
to combine two (2) lots into a single parcel under common ownership located within
Cameo Shores.
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 (RSD-A).
5. A public hearing was held on February 26, 2015, in the Corona del Mar Conference
Room (Bay E-1st 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 pursuant to Title 14 of the
California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 15 (Minor
Land Divisions).
2. The Class 15 exemption includes the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four (4) 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 parcel to local
standards are available, the parcel was not involved in a division of a larger parcel
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Zoning Administrator Resolution No. ZA2015-XXX
Page 2 of 6
within the previous two (2) years, and the parcel does not have an average slope
greater than 20 percent. This exemption includes a minor lot merger not resulting in
the creation of any new parcel that complies with the conditions specified above. The
lots are subject to a Bluff Overlay, which restricts development of principal and
accessory structures to the bluff top that consists of a gradual slope averaging less
than 20 percent.
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 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 Title 19.
Facts in Support of Finding:
1. One of the existing dwelling units will be demolished and an addition to the existing
remaining dwelling unit will be constructed on the merged parcel. The merged parcel
will have a net area of 46,005 square feet and has a gradual slope which provides a
building pad physically suitable for development of a single-unit dwelling.
2. 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.
3. Building alterations and 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 147 and 148 of Tract 3357 are under common fee ownership by Shiloh, LLC.
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Zoning Administrator Resolution No. ZA2015-XXX
Page 3 of 6
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 lot 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
for areas appropriate for a detached single-family residential dwelling unit located on a
single lot.
2. Both of the lots to be combined comply with Zoning Code required Residential
Development Regulations (20.18.030) relating to lot area and minimum lot width.
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. The Coastal Land Use Plan designates this site as Single-Unit
Residential Detached (RSD-A) which provides for density ranges from 0.0-5.9 dwelling
units per acre. The 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.
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:
1. Neither of the merged parcels, nor the adjoining parcels, will be deprived of legal
access as a result of the merger. Legal access is provided from the front of the
property along Brighton 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.
Facts in Support of Finding:
1. The orientation and access to the parcel would remain from Brighton Road and there
would be no change in lot depth.
07-22-2014
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Zoning Administrator Resolution No. ZA2015-XXX
Page 4of6
2. Properties along the bluff side of Brighton Road consist of lots of varying shapes and
sizes. Although the proposed lot merger will create a larger lot width, it will not create an
excessively large lot in comparison to many of the existing lots.
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 (3) 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. Future improvements on the site will be required to comply with the development
standards of the Municipal Code, General Plan, and Coastal Land Use Plan.
2. The proposed lot merger combines the properties into a single parcel of land and does
not result in the elimination of more than one (1) lot.
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 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, General Plan, and Coastal Land Use Plan.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No.
LM2014-006 (PA2014-223), 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 ten (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.
07-22-2014
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Zoning Administrator Resolution No. ZA2015-XXX
Page 5 of 6
PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF FEBRUARY, 2015.
Brenda Wisneski, AICP, Zoning Administrator
07-22-2014
Zoning Administrator Resolution No. ZA2015-XXX
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 recordation of the lot merger, one (1) existing dwelling unit shall be
demolished.
4. Prior to the issuance of final building permits for 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.
5. Lot Merger No. LM2014-006 shall expire unless exercised within twenty-four (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 Shiloh LLC Lot Merger including, but not limited to,
Lot Merger No. LM2014-006 (PA2014-223). 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
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Subiect Sites
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Lot Merger No. LM2014-006
PA2014-223
4607 and 4615 Brighton Road
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Attachment No. ZA 3
Lot Merger Exhibits
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PA2014-223 Attachment No. ZA 3 - Lot Merger Exhibits
EXHIBIT "A"
CITY OF NEWPORT BEACH
LOT MERGER NO. LM -
(LEGAL DESCRIPTION)
OWNER EXISTING PARCEL PROPOSED PARCELS
AP NUMBER REFERENCE NUMBERS
SH H, LIFORNIA L1171TED 475-041-05 (LOT 147,TRACT 3357)
IA ILiTY ORA ION PARCEL 1
L L CALIF ED 475-041-04(LOT 148,TRACT 3357)
LIABILITY CORPORATION
Description of AP Number 475-041-05 & 475-041-04
Lots 147 and 148 of Tract NO. 3357, in the City of Newport Beach, County of
Orange, State of California, As Per Map Recorded in Book 107, Pages 1 to 7
Inclusive of Miscellaneous Maps, In the Office of the County Recorder of said
County.
Except Any Portion of said land which lies below the line of Mean High Tide Line
of the Pacific Ocean.
The existing lots are located on the west side of Brighton Road about 500 feet
north of its intersection with Cameo Shore Road.
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PA2014-223 EXHIBIT "$'Attachment No. ZA 3 - Lot Merger Exhibits
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CITY OF NEWPORT BEACH
LOT MERGER NO. LM -
(MAP1
OWNER EXISTING PARCEL PROPOSED PARCELS -
AP NUMBER REFERENCE NUMBERS
SHILOH,LLC,A CALIFORNIA LIMITED 475-041-05 (LOT 147,TRACT 3357)
LIABILITY CORPORATION
PARCEL 1
SHILOH, LLC,A CALIFORNIA LIMITED
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LIABILITY CORPORATION 475-041-04 (LOT 148,TRACT 3357)
LOT 149
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218.00'
PL 126.14' L
BOUNDARY OF ly I� C4 SCALE 1"=60'
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ORDINARY HIGH TIDE OF THE PACIFIC
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CURVE TABLE LEGEND:
PROPOSED PARCEL LINE
EXISTING LOT LINE
CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD BEARING _LOT LINE TO BE REMOVED
Cl 36006'30.0" 70.00 44.11 22.82 43.39 N 16052'30.0"E
BASIS OF BEARING:
C2 64039'29.5" 70.00 79.00 44.30 74.87 N 33030'27.511W CENTER LINE(4)OF BRIGHTON
C3 54002'30.0" 15.00 14.15 7.65 13.63 N 07054'30.0"E ROAD_63°45'W IN FRONT OF LOTS
C4 04014'45.0" 296.00 21.93 10.97 21.93 N 16059'22.5"W 142- 145 INCL. PER TRACT MAP 3357.
PA2014-223 EXHIBIT ,C,jAttachment No. ZA 3 - Lot Merger Exhibits
CITY OF NEWPORT BEACH
LOT MERGER NO. LM -
( SITE PLAN)
OWNER EXISTING PARCEL PROPOSED PARCELS
AP NUMBER REFERENCE NUMBERS
SHILOH, LLC, A CALIFORNIA LIMITED 475-041-05(LOT 147, TRACT 3357)
LIABILITY CORPORATION PARCEL 1
SHILOH, LLC, A CALIFORNIA LIMITED 475-041-04(LOT 148, TRACT 3357)
LIABILITY CORPORATION
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CURVE TABLE
¢ i NO. 2<1610 I m� CURVE DELTA RADIUS LENGTH
EXP.3-31-15 / C5 Cl 64°40'00" 70.00' 79.00°
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cdlLltiay%° w Z C3 54°02'30" 15.00' 14.15'
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C5 15°06'41" 296.00 78.07'
C6 54002'30" 15.00' 14.15'
C7 36°50'00" 70.00' 45.00'
CS 10°52'00" 296.00' 56.14'
C9 59°45'00" 270.00' 281.5T
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