HomeMy WebLinkAbout02 - Cypress Lot Merger - PA2016-079 COMMUNITY DEVELOPMENT DEPARTMENT
VPLANNING DIVISION
low 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
cq�iFOw�avP 949-644-3200 Fax: 949-644-3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 11, 2016
Agenda Item No. 2
SUBJECT: Cypress Lot Merger (PA2016-079)
20101 Cypress Street and 20111 Birch Street
• Lot Merger No. LM2016-003
APPLICANT: West Desert Properties/Kelly Bangert
OWNER: Kelly Bangert
PLANNER: Chelsea Crager, Assistant Planner
(949) 644-3227, ccrager@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: SP-7 (Santa Ana Heights Specific Plan, Residential Equestrian)
• General Plan: RS-D (Single-Unit Residential Detached)
PROJECT SUMMARY
A lot merger application and request to waive the parcel map requirement for two
contiguous properties under common ownership. The merger would combine two legal
lots into a single parcel.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Lot Merger No.
LM2016-003 (Attachment No. ZA 1).
DISCUSSION
• The two abutting lots are located at 20101 Cypress Street and 20111 Birch
Street in the Residential Equestrian area of the Santa Ana Heights Specific Plan
(SP-7) Zoning District. The General Plan Land Use Element category is Single
Unit Residential Detached (RS-D) for both properties.
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Cypress Lot Merger
Zoning Administrator, August 11, 2016
Page 2
• The lot at 20101 Cypress Street is an interior lot with frontage on Cypress Street.
The lot at 20111 Birch Street has no frontage on any street, and is bounded by
20101 Cypress Street to the north, 20121 Cypress Street to the south, 20111
Cypress Street to the east, and 20102 Birch Street to the west.
• The property at 20101 Cypress Street is currently developed with a one-story
single family home and the property at 20111 Birch Street is developed with a
detached garage serving that residence at 20101 Cypress Street. The applicant
proposes to construct a new single family home and detached garage on the
merged lots.
• The new home will be required to comply with Santa Ana Heights Specific Plan
Residential Equestrian District (REQ) standards, including parking, setback, and
height requirements.
• The lots to be combined comply with Zoning Code Section 20.90.060
(Residential Equestrian District) relating to lot area. The combined lots will total
26,438 square feet in area and the minimum lot area required is 19,800 square
feet. There is no minimum lot width requirement.
• Properties along Cypress Street in the Residential Equestrian area of the Santa
Ana Heights Specific Plan vary in shape and size. The proposed lot merger will
create a large lot; however it will not create an excessively large lot in
comparison to lots in the area. The proposed lot merger will not change the
pattern of development as seen from Cypress Street.
• As demonstrated in the attached resolution, the proposed lot merger meets the
requirements of Title 19 (Subdivisions).
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 under Class Class 15 (Minor Land Divisions) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment. 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 above.
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Cypress Lot Merger
Zoning Administrator, August 11, 2016
Page 3
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.
APPEAL PERIOD:
An appeal or call for review 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:
Chelsea Crager, Ass' tant Planner
GBRIcc
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
TmpIt:05-05-16
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2016-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER NO.
LM2016-003, WAIVING THE PARCEL MAP REQUIREMENT,
AND COMBINING TWO PARCELS INTO A SINGLE PARCEL
FOR A SINGLE FAMILY DEVELOPMENT LOCATED AT 20101
CYPRESS STREET AND 20111 BIRCH STREET (PA2016-079)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by West Desert Properties/Kelly Bangert, on behalf of Kelly
Bangert, with respect to property located at 20101 Cypress Street and 20111 Birch
Street, and legally described as the northeasterly 66 feet of Lot 147 together with the
northwesterly 100 feet of said Lot 147, as shown on a map recorded in Book 21, Page
25, of Miscellaneous Maps, Records of Orange County requesting approval of a lot
merger.
2. The applicant proposes a lot merger and requests to waive the parcel map requirement
for two contiguous properties under common ownership. The merger would combine
two legal lots into a single parcel.
3. The subject properties are located within the Residential Equestrian area of the Santa
Ana Heights Specific Plan (SP-7) Zoning District and the General Plan Land Use
Element category is Single Unit Residential Detached (RS-D).
4. The subject properties are not located within the coastal zone.
5. A public hearing was held on August 11, 2016 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
5
Zoning Administrator Resolution No. ZA2016-###
Page 2 of 6
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.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 19.12.070A (Required Findings for Approval) of the 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 on 20101 Cypress Street and a detached garage constructed on
20111 Birch Street. Currently there is a permit in process for a new single family
home and detached garage 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. The properties at 20101 Cypress Street and 20111 Birch Street as described in
Section 1 of this Resolution are under common fee ownership by Kelly Bangert.
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
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Zoning Administrator Resolution No. ZA2016-###
Page 3 of 6
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 remain in the Residential Equestrian (REQ) area of the Santa
Ana Heights Specific Plan Zoning District, which is consistent with the surrounding
area. This area is intended to provide for the development and maintenance of a
single-family residential neighborhood in conjunction with limited equestrian uses.
2. The lot at 20101 Cypress Street complies with Zoning Code required Site
Development Standards (20.90.060.F) relating to lot area, however the lot at 20111
Birch Street does not. The proposed merged lot will be 26,438 square feet in area
and will meet the required minimum lot area of 19,800 square feet.
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 land use will remain the same and the merger is
consistent with the land use designation of the General Plan.
Finding:
D. Neither the lots, as merged, nor the adjoining parcels, will be deprived of legal access as
a result of the merger.
Facts in Support of Finding: <JW4NMW'
1 . Neither of the merged parcels, nor the adjoining parcels, will be deprived of legal
access as a result of the merger. Access to both properties is provided from the
front of the 20101 Cypress Street property along Cypress Street 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 merged parcel at 20101 Cypress Street will
remain from Cypress Street, a public road.
2. Properties along Cypress Street consist 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 existing lots. The width of the Cypress Street frontage will
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Zoning Administrator Resolution No. ZA2016-###
Page 4 of 6
remain unchanged and is consistent with the lot width of other properties on
Cypress Street.
Waiver of Parcel Map
In accordance with Section 19.08.030.A.3 (Waiver of Parcel Map Requirement) of the
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 Newport Beach Municipal Code and General 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 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 or intensity at the site. 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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No.
LM2016-003 (PA2016-079), 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 or call for review is filed with the Director
of Community Development in accordance with the provisions of Title 19 Subdivisions,
of the Newport Beach Municipal Code.
05-26-2016
8
Zoning Administrator Resolution No. ZA2016-###
Page 5 of 6
PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF AUGUST, 2016.
Patrick J. Alford, Zoning Administrator
05-26-2016 q
Zoning Administrator Resolution No. ZA2016-###
Page 6 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1. Lot Merger No. LM2016-003 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.
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The map shall be submitted to the Public Works Department for Final Map Review and
Approval. All applicable fees shall be paid.
4. Prior to the issuance of building permits for construction to cross the existing interior lot
line between the two (2) parcels to be merged, recordation of the lot merger documents
with the County Recorder shall be required.
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 Cypress Lot Merger including, but not limited to, Lot
Merger No. LM2016-003 (PA2016-079). 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.
05-26-2016
10
Attachment No. ZA 2
Vicinity Map
11
VICINITY MAP
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Lot Merger No. LM2016-003
PA2016-079
20101 Cypress Street and 20111 Birch Street
Attachment No. ZA 3
Project Plans
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PA2016-079
EXHIBIT "Alp
CITY OF NEWPORT BEACH
LOT MERGER NO. LM -
(LEGAL DESCRIPTION)
OWNER EXISTING PARCEL PROPOSED PARCELS
AP NUMBER REFERENCE NUMBERS
WEST DESERT PROPERTIES 439-341-11 PARCEL 1
WEST DESERT PROPERTIES 439-341-12 PARCEL 1
THE NORTHEASTERLY 66 FEET OF LOT 147, OF TRACT 706 TOGETHER WITH
THE NORTHWESTERLY 100 FEET OF SAID LOT 147 OF TRACT 706, AS SHOWN
ON A MAP RECORDED IN BOOK 21, PAGE 25, OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY.
CONTAINING 0.61 ACRES MORE OR LESS.
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PA2016-079
EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT MERGER NO. LM -
(MAP)
OWNER EXISTING PARCEL PROPOSED PARCELS
AP NUMBER REFERENCE NUMBERS
WEST DESERT PROPERTIES 439-341-11 PARCEL 1
WEST DESERT PROPERTIES 439-341-12 PARCEL 1
N 39'48'18"E 132.00'
o POR. LOT of I 147
TRACT NO.o I I 706
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APN:439-341-11 APN:439-341-12
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INST. NO.
2016000074428 co
LOT 148 I o LOT 146
PARCEL1
POR. LOT I 0.61 AC.NET. nA
147 O7 =EASEMENT IN FAVOR OF
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PA2016-079
EXHIBIT "C"
CITY OF NEWPORT BEACH
LOT MERGER NO. LM -
(SITE PLAN)
OWNER EXISTING PARCEL PROPOSED PARCELS
AP NUMBER REFERENCE NUMBERS
WEST DESERT PROPERTIES 439-341-11 PARCEL I
WEST DESERT PROPERTIES 439-341-12 PARCEL 1
0.0'
N 39°48'18"E 132.00'
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TRACT NO. I 706 vn SO.CAL.EDISON.CORP.
M.B. 21 /25 m PER INST.NO.2007-0003470022
LOT 148 L�
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