HomeMy WebLinkAbout11_27 Burning Tree Circle and 1 Big Canyon Road Lot Line Adjustment_PA2018-148CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 25, 2018
Agenda Item No. 11
SUBJECT: 27 Burning Tree Circle and 1 Big Canyon Road Lot Line Adjustment
(PA2018-148)
Lot Line Adjustment No. LA2018-005
SITE LOCATION: 27 Burning Tree Circle and 1 Big Canyon Road
APPLICANT: Chris Erwin
OWNER: C&CS Family Trust and CCS Children’s Trust
PLANNER: David S. Lee, Assistant Planner
949-644-3225, dlee@newportbeachca.gov
LAND USE AND ZONING
General Plan: RS-D (Single-Unit Residential Detached) and PR (Parks and
Recreation)
Zoning District: PC8 (Big Canyon)
PROJECT SUMMARY
A lot line adjustment application to adjust the bo undary between two contiguous parcels
located in Big Canyon Planned Community. Land will be taken from 1 Big Canyon Drive
and reallocated to 27 Burning Tree Circle. The area of adjustment is approximately 3,118
square feet. There will be no change in the number of parcels.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA
Guidelines, because it has no potential to have a significant effect on the
environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Lot Line Adjustment
No. LA2018-005 (Attachment No. ZA 1).
DISCUSSION
The applicant proposes to adjust the boundary between two (2) contiguous parcels
located in the Big Canyon Planned Community (PC8). The property at 1 Big Canyon
Drive is the golf course area of the Big Canyon Planned Community (PC8) Zoning
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District and the General Plan Land Use Element category is Parks and Recreation
(PR). The property at 27 Burning Tree Circle is located within Low Density
Residential Area 12 of the PC8 Zoning District and the General Plan Land Use
Element category is Single-Unit Residential Detached (RS-D).
27 Burning Tree Circle is developed with a single family home, originally constructed
in 1973, and associated accessory improvements. The property at 1 Big Canyon is
used as a country club and golf course.
The proposed boundary adjustment will shift the property line between the subject
parcels to the southwest, reallocating approximately 3,118 square feet of land from
1 Big Canyon Drive to 27 Burning Tree Circle. The resulting boundary will allow
existing residential accessory structures to be located entire ly on the parcel of 27
Burning Tree Circle.
The existing area of 1 Big Canyon Drive is 80.140 acres (3,490,898 square feet). The
proposed lot line adjustment would reduce the area to 80.069 acres (3,487,780). The
existing area of 27 Burning Tree Circle is 0.559 acres (24,391 square feet). The
proposed lot line adjustment would increase the area to 0.632 acres (27,509 square
feet). The boundary adjustment will have no impact on access to either property.
The number of parcels will remain unchanged as a result of the lot line adjustment
and there will be no change in the density or intensity of development.
Future development at both lots will continue to be required to comply with all
applicable development standards specified by the Big Canyon Planned
Community.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15305 of the State CEQA (California
Environmental Quality Act) Guidelines - Class 5 (Minor Alterations in Land Use
Limitations). This exemption consists of minor alterations in land use limitations in areas
with an average slope of less than 20 percent, which do not result in any changes in land
use or density, including but not limited to minor lot line adjustments not resulting in the
creation of any new parcel. The proposed lot line adjustment affects the shared property
line between two parcels and is for the purpose of accommodating existing residential
accessory improvements entirely on the 27 Burning Tree Circle parcel. There will be no
change in land use, density, or intensity.
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
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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 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:
___________________________
David S. Lee, Assistant Planner
JM/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT LINE
ADJUSTMENT NO. LA2018-005 TO ADJUST THE BOUNDARIES
OF PARCELS LOCATED AT 27 BURNING TREE CIRCLE AND 1
BIG CANYON DRIVE (PA2018-148)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Chris Erwin with respect to property located at 27 Burning Tree
Circle and 1 Big Canyon Drive, and legally described as Lot 51 of Tract 7638 and Parcel
2 of Lot Line Adjustment No. LA2016-002 respectively, requesting approval of a lot line
adjustment.
2. The applicant proposes to adjust the boundary between two (2) contiguous parcels
located in the Big Canyon Planned Community (PC8). Land taken from 1 Big Canyon
Drive will be reallocated to 27 Burning Tree Circle. There will be no change in the
number of parcels.
3. The property at 1 Big Canyon Drive is the golf course area of the Big Canyon Planned
Community (PC8) Zoning District and the General Plan Land Use Element category is
Parks and Recreation (PR). The property at 27 Burning Tree Circle is located within Low
Density Residential Area 9 of the PC8 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 October 25, 2018, 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 15305, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 5 (Minor
Alterations in Land Use Limitations) of the Guidelines for CEQA.
2. This exemption consists of minor alterations in land use limitations in areas with an average
slope of less than 20 percent, which do not result in any changes in land use or density,
including minor lot line adjustments. The proposed boundary adjustment affects the
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Zoning Administrator Resolution No. ZA2018-###
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03-03-2015
property line between two (2) parcels and is for the purpose of accommodating existing
residential accessory structures entirely on one parcel, 27 Burning Tree Circle.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 19.76.020 (Procedures for Lot Line Adjustments) of the Newport
Beach Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A. Approval of the lot line adjustment will not, under the circumstances of the 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 line adjustment is consistent with the legislative
intent of the title.
Facts in Support of Finding:
1. The proposed lot line adjustment will not change the existing use of either property. The
General Plan Land Use Designation of Single-Unit Residential Detached will be
maintained for the 27 Burning Tree Circle parcel. The Parks and Recreation designation
will be maintained for the 1 Big Canyon Drive parcel.
2. The proposed lot line adjustment will not result in a development pattern that is
inconsistent with the surrounding neighborhood. The 27 Burning Tree Circle property
will continue to allow for single-unit development consistent with the applicable General
Plan Land Use and zoning designation. The proposed 1 Big Canyon Drive parcel will
remain a golf course and development will continue to be consistent with limits specified
by the General Plan and zoning designation.
3. The proposed lot line adjustment is consistent with the purpose identified in Chapter
19.76 (Lot Line Adjustment) of the Newport Beach Municipal Code. The lot line
adjustment constitutes a minor boundary adjustment involving two (2) adjacent lots
where land taken from one lot is added to an adjacent lot. The original number of lots
will remain unchanged after the adjustment.
4. The subdivision is consistent with the General Plan, does not negatively impact
surrounding land owners, and will not in itself be detrimental to the health, safety, peace,
comfort, and general welfare of persons residing or working in the neighbo rhood, as the
adjustment affects interior property lines between two (2) adjacent parcels.
Finding:
B. The number of parcels resulting from the lot line adjustment remains the same as before
the adjustment.
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Zoning Administrator Resolution No. ZA2018-###
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03-03-2015
Facts in Support of Finding:
1. The proposed lot line adjustment will adjust the property line between two (2) contiguous
parcels. The number of parcels remains the same as before the lot line adjustment.
Finding:
C. The lot line adjustment is consistent with applicable zoning regulations except that
nothing herein shall prohibit the approval of a lot line adjustment as long as none of the
resultant parcels is more nonconforming as to lot width, depth and area than the parcels
that existed prior to the lot line adjustment.
Facts in Support of Finding:
1. The 27 Burning Tree Circle property is located within Low Density Residential Area 9 of
the Big Canyon Planned Community (PC8) Zoning District, which is intended to provide
for detached single-unit dwellings. The 1 Big Canyon Drive is located in an area of the
PC8 Zoning District which is intended for a golf course. The proposed lot line adjustment
will not change the existing use of the parcels affected.
2. The proposed boundary adjustment will shift the property line between the subject
parcels to the southwest, reallocating approximately 3,118 square feet of land from 1
Big Canyon Drive to 27 Burning Tree Circle. The resulting boundary will allow existing
residential accessory structures to be located entirely on the parcel of 27 Burning Tree
Circle.
3. The proposed 27 Burning Tree Circle parcel will continue to exceed the minimum site
area requirement of the Big Canyon Planned Community development regulations. Lots
in Area 9 are required to provide a minimum lot area of 8,000 square feet. In this case,
the proposed 27 Burning Tree Circle parcel is compliant in size with an area of 27,509
square feet.
4. The proposed parcels comply with all applicable lot size regulations of the Big Canyon
Planned Community Development Plan and will not result in a change in allowed land
uses, density, or intensity on the properties.
Finding:
D. Neither the lots as adjusted nor adjoining parcels will be deprived legal access as a
result of the lot line adjustment.
Facts in Support of Finding:
1. The proposed lot line adjustment affects the interior property lines between two (2)
adjacent parcels. Legal access to the subject properties is not affected by the
adjustment.
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Zoning Administrator Resolution No. ZA2018-###
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03-03-2015
Finding:
E. That the final configuration of the parcels involved will not result in the loss of dire ct
vehicular access from an adjacent alley for any of the parcels that are included in the lot
line adjustment.
Facts in Support of Finding:
1. Vehicular access to the existing properties is from Big Canyon Drive, Jamboree Road,
and Burning Tree Circle, and the final configuration will not change.
Finding:
F. That the final configuration of a reoriented lot does not result in any reduction of the
street site setbacks as currently exist adjacent to a front yard of any adjacent key, unless
such reduction is accomplished through a zone change to establish appropriate street
site setbacks for the reoriented lot. The Planning Commission and City Council in
approving the zone change application shall determine that the street site setbacks are
appropriate, and are consistent and compatible with the surrounding pattern of
development and existing adjacent setbacks.
Facts in Support of Finding:
1. The final configuration of the proposed parcels does not result in a requirement for
revised setbacks since the parcels are not proposed to be reoriented. The required
setbacks applicable to parcels in the PC8 Zoning District shall continue to apply to the
adjusted parcels per the Planned Community Development.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line
Adjustment No. LA2018-005, 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 following the date this
Resolution was adopted unless within such time an appeal is filed with the Community
Development Director in accordance with the provisions of Title 19 (Subdivisions) of the
Newport Beach Municipal Code.
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Zoning Administrator Resolution No. ZA2018-###
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03-03-2015
PASSED, APPROVED, AND ADOPTED THIS 25th DAY OF OCTOBER, 2018.
BY:
_____________________________________
Patrick J. Alford, Zoning Administrator
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Zoning Administrator Resolution No. ZA2018-###
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03-03-2015
EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. The approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 19 (Subdivisions) of the Newport Beach Municipal
Code.
3. Prior to recordation of the lot line adjustment, the applicant shall submit the exhibits to the
Public Works Department for final review.
4. 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 27 Burning Tree Circle and 1 Big Canyon Road Lot Line Adjustment
including, but not limited to, Lot Line Adjustment No. LA2018-005 (PA2018-148). 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.
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Attachment No. ZA 2
Vicinity Map
11
VICINITY MAP
Lot Line Adjustment No. LA2018-005
PA2018-148
27 Burning Tree Circle and 1 Big Canyon Road
Subject Property
(27 Burning Tree Circle)
Subject Property
(1 Big Canyon Drive)
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Attachment No. ZA 3
Project Plans
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EXHIBIT " "
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2018-005
OWNERS PARCEL NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
EXISTING
A
(LEGAL DESCRIPTION)
PARCEL 1:
_______________________________________________
PAUL D. CRAFT, P.L.S. 8516
THIS DESCRIPTION HAS BEEN PREPARED BY ME
OR UNDER MY DIRECTION
SHEET 1 OF 4
No. 8516PROFESSIONALLAND
S
URVEYORPAUL D O M I NICK
CRAFTS
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EXHIBIT " "
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2018-005
OWNERS PARCEL NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
EXISTING
A
(LEGAL DESCRIPTION)
SHEET 2 OF 4
PARCEL 2:
15
EXHIBIT " "
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2018-005
OWNERS PARCEL NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
EXISTING
A
(LEGAL DESCRIPTION)
SHEET 3 OF 4
PARCEL 2 (CONTINUED):
16
EXHIBIT " "
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2018-005
OWNERS PARCEL NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
EXISTING
A
(LEGAL DESCRIPTION)
_______________________________________________
PAUL D. CRAFT, P.L.S. 8516
THIS DESCRIPTION HAS BEEN PREPARED BY ME
OR UNDER MY DIRECTION
SHEET 4 OF 4
No. 8516PROFESSIONALLAND
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URVEYORPAUL D O M I NICK
CRAFTST
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CA L I F O R NIAPARCEL 2 (CONTINUED):
10/08/2018
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LOT 5250M.M. 306/1-9TRACT NO.7638BUR
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PARCEL 1
PARCEL 2
LOT 51
PARCEL 2
O.R. 11314/857-975 6059EXHIBIT " "
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2018-005
OWNERS PARCEL NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
EXISTING
B
(MAP)
_______________________________________________
PAUL D. CRAFT, P.L.S. 8516
PREPARED BY ME OR UNDER MY DIRECTION
SHEET 1 OF 5
No. 8516PROFESSIONALLAND
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URVEYORPAUL D O M I NICK
CRAFTST
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TRACT NO. 7223D
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SAN JOAQUINHILLS ROADTRACT NO. 10814M.M. 527/31-35SAN JOAQUIN HILLS ROADLLA 2015-008
INST. NO.
2017000260259
P.M.B 35/5
LLA 2003-044
INST. NO.
2004000584432LLA 2015-007
EXHIBIT " "
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2018-005
OWNERS PARCEL NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
EXISTING
B
(MAP)
SHEET 2 OF 5
SEE SHEET
3 OF 5
PARCEL 2
No. 8516PROFESSIONALLAND
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URVEYORPAUL D O M I NICK
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TRACT NO. 10814M.M. 527/31-35BIG CANYON DRIVESAN JOAQUIN HILLS ROADTRACT NO. 7519M.M. 294/1-4TRACT NO. 7638M.M. 306/1-9LLA 95-12
INT. NO.
19950501721
EXHIBIT " "
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2018-005
OWNERS PARCEL NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
EXISTING
B
(MAP)
SHEET 3 OF 5SEE SHEET 2 OF 5
PARCEL 1
PARCEL 2
No. 8516PROFESSIONALLAND
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URVEYORPAUL D O M I NICK
CRAFTS
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CA L IF O R NIA20
EXHIBIT " "
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2018-005
OWNERS PARCEL NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
EXISTING
B
(MAP)
SHEET 4 OF 521
EXHIBIT " "
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2018-005
OWNERS PARCEL NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
EXISTING
B
(MAP)
SHEET 5 OF 522
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LOT 5250M.M. 306/1-9TRACT NO.7638BUR
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PARCEL 1
PARCEL 2
LOT 51
PARCEL 2
O.R. 11314/857-975 6059EXHIBIT " "
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2018-005
OWNERS PARCEL NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
EXISTING
C
(SITE PLAN)
_______________________________________________
PAUL D. CRAFT, P.L.S. 8516
PREPARED BY ME OR UNDER MY DIRECTION
SHEET 1 OF 1
No. 8516PROFESSIONALLAND
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URVEYORPAUL D O M I NICK
CRAFTS
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OF
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