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Home My WebLink About03 - 24 Harbor Island Lot Merger - PA2015-043 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 May 14, 2015 Agenda Item No. 3 SUBJECT: 24 Harbor Island Lot Merger - (PA2015-043) 24 Harbor Island • Lot Merger No. LM2015-001 APPLICANT: Apex Land Surveying Inc. OWNER: SoCal Land Co., LLC PLANNER: Melinda Whelan, Assistant Planner (949) 644-3221, mwhelan@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: R-1 (Single-Unit Residential) • General Plan: RS-D (Single-Unit Residential Detached) PROJECT SUMMARY A lot merger and a request to waive the parcel map requriement to merge two properties addressed as 24 and 25 Harbor Island, which each contain portions of lots adjacent to the harbor, to create a single parcel of land for the development of a single- family residential use. The subject lots are currently vacant. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. _ approving Lot Merger No. LM2015-001 (Attachment No. ZA 1). DISCUSSION • The two abutting lots are located on Harbor Island along Newport Bay. 1 V� QP �P 24 Harbor Island Lot Merger Zoning Administrator, May 14, 2015 Page 2 • The lots were previously approved for a lot merger on April 29, 2010, pursuant to Lot Merger No. LM2010-003; however, the approval has since expired. • Harbor Island was originally subdivided and developed as Tract 802 in 1926. The piece of land between the original southerly lot line of Tract 802 and the adjudicated mean high tide line were added to lots 24 and 25 (Lot 1 Seciton 34 and Section 35 to Lot 24 and Lot 1 Section 35 to Lot 25) as described and established by a judgement rendered by the Superior Court of the State of California in 1928. • The subject property was developed as a single site with a single-unit dwelling constructed across the interior property line of Lots 24 and 25. The single-unit dwelling, a greenhouse, and a separate shed were demolished in 2010. • Construction of a new single-unit dwelling on the site will be required to comply with the Zoning Code standards, including parking and setback requirements. • 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 on Harbor Island 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). 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 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. 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 TmpIt:04-17-14 24 Harbor Island Lot Merger Zoning Administrator, May 14, 2015 Page 3 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. 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: Melinda Whelan Assistant Planner GR/msw Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Lot Merger Exhibits TmpIt:04-17-14 J Attachment No. ZA 1 Draft Resolution 5 V� QP �P RESOLUTION NO. ZA2015-0 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM2015-001, WAIVING THE PARCEL MAP REQUIREMENT, AND COMBINING TWO LOTS INTO A SINGLE PARCEL FOR SINGLE FAMILY DEVELOPMENT LOCATED AT 24 HARBOR ISLAND (PA2015-043) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by SoCal Land Co., LLC, with respect to property located at 24 Harbor Island, and legally described as Lot 24 of Tract 802, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 24, Page 7 of Miscellaneous Maps, in the office of the County Recorder of said County and those portions of Lot 1 Section 34 and Lot 1 Section 35 both in Township 6 South Range 10, West of the San Bernardino Meridian, in the City of Newport Beach, County of Orange, State of California, according to the official plat of said land filed in the District Land office Said Land is shown on a map filed in Book 92, Page 14 of Record of Surveys in the office of the County Recorder of said Orange County as described in Superior Court judgment 23690 as recorded July 12, 1928 in Book 181 page 162; and Lot 25 of Tract 802, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 24, Page 7 of Miscellaneous Maps, in the office of the County Recorder of said County and those portions Lot 1 Section 35 in Township 6 South Range 10, West of the San Bernardino Meridian, in the City of Newport Beach, County of Orange, State of California, according to the official plat of said land filed in the District Land office. Said Land is shown on a map filed in Book 92, Page 14 of Record of Surveys in the office of the County Recorder of said Orange County as described in Superior Court judgment 23690 as recorded July 12, 1928 in Book 181 page 162. 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 on Harbor Island. 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 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 May 14, 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 Zoning Administrator Resolution No. ZA2015-0## Page 2 of 6 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 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 below. 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. The subject property was developed as a single site with a single-unit dwelling constructed across the interior property line of Lots 24 and 25. The single-unit dwelling, a greenhouse, and a separate shed were demolished in 2010. 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. 03-03-2015 g Zoning Administrator Resolution No. ZA2015-0## Page 3 of 6 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 24 and 25 of Tract 802 each including portions of lots adjacent to the harbor as described in Section 1 of Resolution are under common fee ownership by SoCal Land Co., LLC. 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) 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 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 Harbor Island and will remain unchanged. 03-03-2015 9 Zoning Administrator Resolution No. ZA2015-0## Page 4 of 6 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 Harbor Island, a private road. 2. Properties on Harbor Island 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. 3. The majority of the lots on Harbor Island contain the portion of lot which is the piece of land between the original southerly line of Tract 802 and the adjudicated mean high tide line as rendered by the Superior Court judgment in 1928. This means the lots slightly vary in depth due to the oval shape of Harbor Island but are all fairly similar. 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 03-03-2015 2� Zoning Administrator Resolution No. ZA2015-0## Page 5 of 6 all design standards and improvements required for new subdivisions by Title 19, the Zoning Code, General Plan, and Coastal Land Use Plan. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No. LM2015-001 (PA2015-043), 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. PASSED, APPROVED, AND ADOPTED THIS 14`h DAY OF MAY, 2015. Brenda Wisneski, AICP, Zoning Administrator 03-03-2015 22 Zoning Administrator Resolution No. ZA2015-0## 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 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. 4. Lot Merger No. LM2015-001 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. 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 24 Harbor Island Lot Merger including, but not limited to, Lot Merger No. LM2015-001 (PA2015-043). 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 03-03-2015 12 Attachment No. ZA 2 Vicinity Map 13 V� QP �P 2� VICINITY MAP < r. AF.. 1 yy H i • Lot Merger No. LM2015-001 PA2015-043 24 Harbor Island Drive 2� V� QP �P 2� Attachment No. ZA 3 Lot Merger Exhibits 27 V� QP �P sg PA2015-043 Attachment No. ZA 3 - Lot Merger Exhibits EXHIBIT "A" CITY OF NEWPORT BEACH LOT MERGER NO. LM 2015- (LEGAL DESCRIPTION) OWNERS EXISTING PARCEL NUMBER PROPOSED PARCELS REFERENCE NUMBERS SoCal Land Co., LLC, a California 050-230-40 PARCEL 1 Limited Liabilty Company REAL PROPERTY IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS: PARCEL 1: LOTS 24 AND 25 OF TRACT NO.802,IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 24,PAGE 7 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER W ITH; THOSE PORTIONS OF LOT 1,SECTION 34 AND LOT 1 SECTION 35 BOTH IN TOWNSHIP 6 SOUTH RANGE 10 WEST OF THE SAN BERNARDINO MERIDIAN IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 24 OF TRACT NO.802,IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 24,PAGE 7 OF MISCELLANEOUS MAPS,RECORDS OF SAID COUNTY,THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINES OF LOTS 24 AND 25 OF SAID TRACT NO.802, 112.58 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 25;THENCE SOUTHWESTERLY ALONG THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID LOT 25 TO THE LINE OF HIGH TIDE OF THE PACIFIC OCEAN IN NEWPORT BAY,AS DESCRIBED IN AND ESTABLISHED BY JUDGMENT RENDERED IN ACTION NO.23690 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE,A CERTIFIED COPY OF WHICH WAS RECORDED JULY 12, 1928 IN BOOK 181 PAGE 162 OF OFFICIAL RECORDS,THENCE NORTHWESTERLY ALONG SAID HIGH TIDE LINE TO THE SOUTHWESTERLY EXTENSION OF THE NORTHWESTERLY LINE OF SAID LOT 24;THENCE NORTHEASTERLY ALONG SAID LAST MENTIONED LINE TO THE POINT OF BEGINNING. SAID LAND IS SHOWN ON A MAP FILED IN BOOK 92,PAGE 14 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SUBJECT TO THE 15 WIDE PRIVATE ROADWAY EASEMENT,ETC. APN:050-23040 OWN/ / OG THIS DESCRIPTION HAS BEEN PREPARED BY ME o' ay O OR UNDER MY DIRECTION n. No.8516 -i A Exp. 12/31/16 PAUL D.CRAFT, P.L.S.8516, 9TF OF CAL\FO�� LICENSE RENEWAL DATE: 12/31/16 SHEET 1 OF 1 PA2015-043 Attachment No. ZA 3 - Lot Merger Exhibits EXHIBIT " B" CITY OF NEWPORT BEACH LOT MERGER NO. LM 2015- (MAP) OWNERS EXISTING PARCEL NUMBER PROPOSED PARCELS REFERENCE NUMBERS SoCal Land Co., LLC, a California 050-230-40 PARCEL 1 Limited Liabilty Company HA "iOR ISLAND N 58°05'30" W 112.50' AVS (P R ---- -T-' -- ------- ROA D J -- - J I - ---- ------, -------- -- ---10 SCALE: 1"=40' ---------1 ��N 58°05'30' W 95.00'- 1 5.00'-1 2 � �1 �.�; bb WCURVE TABLE .1 CURVE DELTA1 LENGTH RADIUS O n 1 14 .4 1 C1 90'00'00" 1 15.71' 10.00' OQ o LINE TABLE PARCEL 'I � cO W W LINE BEARING LENGTH 9 '2 oo (� I. L1 N53'46'15"W 28.66' Lu o w Q Q �° L2 N31'54'30"E 18.83' VACANT V� o6i o L3 N53'46'26"W 36.45' L4 N31'54'30"E 22.31' 15,285.31 n m 4 L5 N31'54'30"E 15.00' ^�o SQ.FT. (NET) z " L6 N31'52 30"E 22.02' �V z 7.5' L7 N55'S 'T 7.51' z � 1 Q o o Q o 02 O v \O�pl LANO -- __ - - - T - �g OOMIN/C� SGS S�PATH EASEMEN ---- ---------- VACATED ISR O.R. 003187297_ n� m N L7 —'�—N58°03'15"W 83.98'1 — — Q ➢ < J I a s No. 8516 T � 62.55' Exp.12/31116 L3 M N55°52'24"W 76.21' L7 opCAO BULKHEAD II THIS MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION LINE LEGEND EXISTING BOUNDARY LINE TO REMAIN PAUL D. CRAFT, P.L.S. 8516, LICENSE RENEWAL DATE: 12/31/16 EXISTING BOUNDARY LINE TO BE DELETED SHEET 1 OF 1 PA2015-043 Attachment No. ZA 3 - Lot Merger Exhibits EXHIBIT "C" CITY OF NEWPORT BEACH LOT MERGER NO. LM 2015- (SITE PLAN) OWNERS EXISTING PARCEL NUMBER PROPOSED PARCELS REFERENCE NUMBERS SoCal Land Co., LLC, a California 050-230-40 PARCEL 1 Limited Liabilty Company O ANY AND ALL OFFERS OF DEDICATIONS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES AND/OR PROVISIONS SHOWN OR DISCLOSED BY THE FILED OR RECORDED MAP REFERRED TO IN ° THE LEGAL DESCRIPTION INCLUDING BUT NOT LIMITED TO: 30 FOOT PRIVATE ROADWAY; 7 FOOT ----------------+-----------+--------- SEWER AND PUBLIC UTIUTIES. AFFECTING SAID H A R B O R / SLA N D LAND. PLOTTED HEREON. _ N 58°05'30" W 112.50' —� (PR / VAT- E_' -- ------- R J O A D J 7 / \ O AN EASEMENT GRANTED TO SOUTHERN CALIFORNIA _- n _ EDISON COMPANY, FOR THE RIGHT TO CONSTRUCT -- -T--/ �— N 58°05'30" W 95.00' AND MAINTAIN AN UNDERGROUND ELECTRICAL I O� . SYSTEM AS STATED IN THE DOCUMENT RECORDED W 2 i� > AS BOOK 4336 PAGE 546 OF OFFICIAL RECORDS. W EASEMENT AFFtCTS SUBJECT PROPERTY AND IS PLOTTED HEREON. O ° CURVE TABLE o p QICURVE1 DELTA LENGTH RADIUS o I C1 90'00'00" 15.71' 10.00' (� 00 PAR CEL 'I 2 io �2 W 14 LINE TABLE 0 oo I_: (D LINE BEARING LENGTH n(`3 (� woIJ C R $ L1 N53'46'15"W 28.66' Q VACANT o Oi L2 N31'54'30"E 18.83' o o L3 N53'46'26"W 36.45' 15,285.31 u") n m 4 L4 N31'54'30"E 22.31' ^�oNN SQ.FT. (NET) ') i L5 N31'54'30"E 15.00' S z z 7.5' L6 N31'54'30"E 22.02' z G7 0 o Q o 0 1 / v 4 1 L7 N55'52'24"W 7.51' - S=PAT---------T - i� ---- \O�pL LA/y0 I VACATED PER O.R. 003187297 �r� OOMIN/C� SG N L1 —N58'03'15"W 83.98'1 � J IJIJ 62.55' a d No.8516 OT n �N55°52'24"W 76.21' L7 — Exp. 12/31/16 i p N Q Q Pl SCALE: 1"=40' sTgTF OF CAL FO��\P 1 BULAHEAD II THIS MAP HAS BEEN PREPARED BY ME LINE LEGEND OR UNDER MY DIRECTION EXISTING BOUNDARY LINE TO REMAIN PAUL D. CRAFT, P.L.S. 8516, EXISTING BOUNDARY LINE TO BE DELETED LICENSE RENEWAL DATE: 12/31/16 SHEET 1 OF 1