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HomeMy WebLinkAboutZA2015-037 - LOT MERGER TO CONSOLIDATE PARCELS - 1114 Balboa Blvd E RESOLUTION NO. ZA2015-037 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM2015-002, WAIVING THE PARCEL MAP REQUIREMENT, AND COMBINING THREE PARCELS INTO A SINGLE PARCEL FOR SINGLE FAMILY DEVELOPMENT LOCATED AT 1114 EAST BALBOA BOULEVARD (PA2015-098) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS, 1. An application was filed by Timothy P. Sullivan, with respect to property located at 1114 East Balboa Boulevard, and legally described as Lots 8 and 9 in Block K of Bay Front Section of the Balboa Tract in Book 69, Page 15 of miscellaneous maps; Lots 8 and 9 in Block 17 of the East Side addition to the Balboa Tract in Book 4, Page 20 of miscellaneous maps; together with that portion of the northeasterly 6.00 feet of Balboa Boulevard vacated by Resolution No. 5037 of the City Council of Newport Beach on June 30, 1959 in Book 4780, Page 77; and that portion of Bay Avenue, 30.00 feet wide, as shown on the map of Bay Front Section of the Balboa Tract recorded in Book 6, Page 15 all within the City of Newport Beach, County of Orange, State of California. 2. The applicant proposes a lot merger and a request to waive the parcel map requirement to combine three parcels including portions of vacated Balboa Boulevard and Bay Avenue into a single parcel under common ownership located on the Balboa Peninsula abutting the bay. 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 July 16, 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 QUALITYACT 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). Zoning Administrator Resolution No. ZA2015-037 Page 2 of 6 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 8 and 9 in 1961. Currently there is a permit in process for a remodel to the existing house which requires approval of the lot merger. 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 8 and 9 and the portions of vacated right-of-ways as described in Section 1 of the Resolution are under common fee ownership by Timothy Sullivan. 03-03-2015 Zoning Administrator Resolution No. ZA2015-037 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) 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. 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-B) which provides for density ranges from 6.0 - 9.9 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 East Balboa Boulevard 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 East Balboa Boulevard, a public road. 03-03-2015 Zoning Administrator Resolution No. ZA2015-037 Page 4 of 6 2. Properties on the Balboa Peninsula 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. Lots between C Street and F Street along East Balboa Boulevard contain vacated portions of Balboa Boulevard and Bay Avenue but the lots vary in depth due to the shape of the bay. There are similar merged lots within this area with varying widths. 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 three (3) parcels. 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. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No. LM2015-002 (PA2015-098), 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. 03-03-2015 Zoning Administrator Resolution No. ZA2015-037 Page 5 of 6 PASSED, APPROVED, AND ADOPTED THIS 16" DAY OF JULY, 2015. re d Wisneski, Al P, Zoning Administrator 03-03-2015 Zoning Administrator Resolution No. ZA2015-037 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 of the remodel, recordation of the lot merger documents with the County Recorder shall be required. 4. Lot Merger No. LM2015-002 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 1114 E. Balboa Boulevard Lot Merger including, but not limited to, Lot Merger No. LM2015-002 (PA2015-098). 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