HomeMy WebLinkAbout01 - 1114 E. Balboa Boulevard Lot Merger - PA2015-098 o4�Ewr°e 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
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CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
July 16, 2015
Agenda Item No. 1:
SUBJECT: 1114 E. Balboa Boulevard Lot Merger - (PA2015-098)
• Lot Merger No. LM2015-002
APPLICANT: John M. Garcia, Architect
OWNER: Timothy P. Sullivan
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 waiver of a parcel map for the following property currently addressed
as 1114 E. Balboa Boulevard, under common ownership: Lots 8 and 9 in Block K, Lots
8 and 9 in Block 17, a portion of the vacated 6-foot-wide strip of Balboa Boulevard and a
portion of the vacated 30-foot-wide Bay Avenue.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Lot Merger No.
LM2015-002 (Attachment No. ZA 1).
DISCUSSION
• The three adjoining lots, including portions of vacated right-of-ways, are located
between C Street and D Street on the Balboa Peninsula abutting the bay.
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1114 E. Balboa Boulevard Lot Merger
Zoning Administrator, July 16, 2015
Page 2
• The subject property, addressed as 1114 East Balboa Boulevard, consists of
three legal parcels as described in the legal description in Exhibit "A" in
Attachment No. ZA 3. The lot merger proposes to merge the three parcels into
one parcel.
• The subject property was developed as a single site in 1961 with a single-unit
dwelling constructed across the interior property line of Lots 8 and 9 in Block 17
and the vacated portions of Balboa Boulevard and Bay Avenue. This original
construction also included decks and dock areas over the sand and water of the
bay which is Lots 8 and 9 in Block K. The 4,038 square-foot single-unit dwelling and
accessory structures still exist and is proposed to be remodeled subject to the
approval of this Lot Merger.
• The existing and remodeled dwelling 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 along East Balboa Boulevard and along the vacated Bay Avenue
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).
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
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
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1114 E. Balboa Boulevard Lot Merger
Zoning Administrator, July 16, 2015
Page 3
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
GRlmsw
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.
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-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).
Zoning Administrator Resolution No. ZA2015-0##
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.
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Zoning Administrator Resolution No. ZA2015-0##
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.
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Zoning Administrator Resolution No. ZA2015-0##
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.
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Zoning Administrator Resolution No. ZA2015-0##
Page 5 of 6
PASSED, APPROVED, AND ADOPTED THIS 16" DAY OF JULY, 2015.
Brenda Wisneski, AICP, Zoning Administrator
03-03-2015 21
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 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 12
Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
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Lot Merger No. LM2015-002
PA2015-098
1114 E. Balboa Boulevard
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Attachment No. ZA 3
Lot Merger Exhibits
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EXHIBIT " P" SHEET I ❑F 3
CITY DE NEWCIRT BEACH
LCT MERGER
LEGAL DESCRIPTION
❑WNERS EXISTING PARCELS PR❑P❑SED PARCELS
AP NUMBER REFERENCE NUMBER
TIMOTHY P. SULLIVAN AND JAN E. SULLIVA 048-151-50 PARCEL I
TRUSTEES OF THE SULLIVAN FAMILY TRUST
DATED MAY 8, 2002.
PARCEL 1:
LOTS 8 AND 9 IN BLOCK K OF BAY FRONT SECTION OF THE BALBOA TRACT,IN THE CITY OF NEWPORT
BEACH OF ORANGE COUNTY,STATE OF CALIFORNIA,AS SHOWN ON A MAP RECORDED IN BOOK 6,PAGE
15 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ANY PORTION THEREOF LYING BELOW THE LINE OF ORDINARY HIGH TIDE OF
THE PACIFIC OCEAN IN NEWPORT BAY.
PARCLL 2:
LOTS 8 AND 9 IN BLOCK 17 OF THE EAST SIDE ADDITION TO THE BALBOA TRACT,IN THE CITY OF
NEWPORT BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP RECORDED IN
BOOK 4.PAGE 20 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
TOGETHER WITH THAT PORTION OF THE NORTHEASTERLY 6.00 FEET OF BALBOA BOULEVARD,AS
SHOWN ON SAID MAP,AS SAID PORTION WAS VACATED BY RESOLUTION NO. 5037 OF THE CITY
COUNCIL OF THE CITY OF NEWPORT BEACH,A CERTIFIED COPY OF WHICH WAS RECORDED JUNE
30, 1959 IN BOOK 4780,PAGE 77 OF OFFICIAL RECORDS OF ORANGE COUNTY,SAID PORTION BEING
BOUNDED ON THE NORTHWESTERLY BY THE SOUTHWESTERLY PROLONGATION OF THE
NORTHWESTERLY LINE OF SAID LOT 8 BOUNDED SOUTHWESTERLY BY THE SOUTHWESTERLY
PROLONGATION OF THE SOUTHWESTERLY LINE OF LOT 9.
PARCEL 3:
THAT PORTION OF BAY AVENUE,30.00 FEET WIDE,AS SHOWN ON A MAP OF BAY FRONT SECTION OF
THE BALBOA TRACT,IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE,STATE OF
CALIFORNIA,RECORDED IN BOOK 6,PAGE 15 OF MISCELLANEOUS MAPS,RECORDS OF ORANGE
COUNTY, CALIFORNIA„AS SAID BAY AVENUE WAS VACATED BY RESOLUTION NO.4687 OF THE CITY
COUNCIL OF THE CITY OF NEWPORT BEACH,A CERTIFIED COPY OF WHICH WAS RECORDED
SEPTEMBER 3, 1957 IN BOOK 4024,PAGE 185 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
SAID PORTION BEING BOUNDED NORTHWESTERLY BY THE SOUTHWESTERLY PROLONGATION OF
THE NORTHWESTERLY LINE OF LOT 8,BLOCK OF SAID BAY FRONT SECTION OF THE BALBOA
TRACT AND BOUNDED SOUTHWESTERLY BY THE SOUTHWESTERLY PROLONGATION OF THE
SOUTHWESTERLY LINE OF LOT 9 OF SAID BLOCK K.
AREA= 4,773 SQ. FT MORE OR LESS
PREPARED BY
RON MIEDEMA L.S. 4653
REGISTRATION EXPIRES 9-30-2015
DATE 5-15-2015 29
PIguk9ag. - 1111 Pr Pyhih tS
EXHIBIT " B " SHEET 2 EE 3
CITY ❑ E NEWPORT BEACH
L_ DT MERGER
( MAP )
EXISTING PARCELSPROPOSED PARCELS
OWNERS AP NUMBER REFERENCE NUMBER
TIMOTHY P. SULLIVAN AND JAN E SULLIVAN048-151-SO PARCEL I
TRUSTEES OF THE SULLIVAN FAMILY TRUST
DATED MAY 8, 2002,
BAY
NEWPORT
STATION
us, HARBOR BULKHEAD LINE 110 \
N69°07'43"W 106770' \
STATION 6032' 810.32'
1 3016'
30,16' BLOCK K
197,06' o BAYFRONT SECTI�N, 6/15
9 � M.M.
mm 30�00'��30.00'
BAY AVE
o m° d Q (VACATED PER RES. 4687)
.--� v O,R4025/185
Li 30.00'w 30,00' w
Ln BIW Ln
5 71,
6 7 0 U G 10 12
�D oOI 9 0 10 BLOCK 17 EASTSIDE ADDITION
z 8 z l z TO BALBOA TRACT
a M M 4-/20
VACATED BALBOA BLVD, PER
11R. 4780/77
30.00' 30,00'
N63°17'08"W BASIS OF BEARINGS N63°17'08'W 60,00' n
BACB ❑ A BLVD SURVEY LINE
-� -
LEGEND '--- CL, EAST BALBOA BLVD
CENTER LINE OF STREET
EXISTING LOT LINE TO REMAIN BASIS OF BEARINGS:
PROPOSED PARCEL I LINE THE SURVEY LINE ON BALBOA BLVD
- - - - -- OLD LOT LINE TO BE REMOVED BEING N63°17'08'W PER P.M. 2008-141
PREPARED BY : P.M.B. 368/ I5-16 WAS USED AS THE
RON MIEDEMA L.S. 4653 BASIS OF BEARINGS FOR THIS DOCUMENT.
REGISTRATION EXPIRES 9-30-2015 20
DATE 5-15-2015
pr
- 11111111is
EXHIBIT " C " SHEET 3 EE 3
CITY ❑ E NEWP ❑ RT BEACH
LET MERGER
( SITE PLAN )
PROPOSED PARCEL`.
❑WNERS
EXISTING PARCELS AP NUMBER REFERENCE NUMB
BEACH PROPERTY, LLC 048-151-50 PARCEL 1
A DELAWARE L.L.C.
BAY
NEWPORT
STATION
U.S. HARBOR BULKHEAD LINE 110 \
N69°07'43"W 106770' \
STATION 6032' 810.32'
111 3016'
30,16'
BAYFRUNT SECTION, BLUCK
- 197,06' � 6/15
I iu
9 M.M.
30,00'i'30 00'
'-' BAY AVE
m o v 1-4 o �n (VACATED PER RES. 4687) o
r` m W m m 0. 4025/185 M
30,00' 3100'
W LLJ W
(u o �u o
o
LnI Ln
CD �u 12
5 6 7 0 0 9 10 11
BLOCK 17 EASTSIDE ADDITIII'',
z 8 z l z TO BALBOA TRACT
VACATED BALBOA BLVD, PER 5.8' 4.1' M.M. 4-/20
O.R. 4780/77 4
30.00' 3000'
N63°17'08"W BASIS OF BEARINGS N63°17'08"W 60_ 0'
BALB ❑ A_ BLVD SURVEv LINE
LEGEND: _� CL EAST BALBOA BLVD
- - CENTER LINE OF STREET
EXISTING LOT LINE TO REMAIN BASIS OF BEARINGS:
PROPOSED PARCEL I LINE THE SURVEY LINE ON BALBOA BLVD
OLD LOT LINE TO BE REMOVED BEING N63°17'08"W PER P.M. 2008-141
PREPARED BY : P.M.B. 368/ 15-16 WAS USED AS THE
REIN MIEDEMA L.S. 4653 BASIS OF BEARINGS FOR THIS DOCUMENT.
REGISTRATION EXPIRES 9-30-2015
DATE: 5-15-2015 21