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HomeMy WebLinkAbout1909 - APPROVED LA2012-007 AND VA2012-007_3124-3126 AND 3130-3140 BREAKERS DRIVERESOLUTION NO. 1909 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2012 -007 AND VARIANCE NO. VA2012- 007 FOR AN INTERIOR LOT LINE ADJUSTMENT AND SUBSEQUENT VARIANCE FOR RESULTING SETBACK ENCROACHMENTS LOCATED AT 312413126 AND 3130/3140 BREAKERS DRIVE (PA2012 -173) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by James C. Person, Jr. on behalf of the property owners Daniel and Bonnie Leonard and Margaret J.F. Parrott, with respect to properties located at 3124/3126 Breakers Drive.and 3130/3140, and legally described as a Lot 8 of Tract No. 1026 and Parcel 1 of Parcel Map No. 2004 -131, respectively, requesting approval of a lot line adjustment and variance. 2. The applicant is proposing a lot line adjustment and subsequent variance for setbacks on both properties. The condominium development at 3124 and 3126 Breakers Drive was constructed in the wrong location due to an errant survey used to site the building in 2004. The adjustment of the interior lot line (between 3124/3126 and 3130/3140 Breakers Drive) would result in side setbacks less than the required four (4) feet, but greater than three (3) feet. 3. The subject property is located within the Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element category is Two -Unit Residential (RT). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two -Unit Residential (RT -C). 5. A public hearing was held on March 21, 2013, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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 Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations), which allows for minor lot line adjustments, side yard, and setback variances not resulting in the creation of any new parcel, Planning Commission Resolution No. 1909 Page 2 of 9 2. The project involves a lot line adjustment between two interior properties and a resulting variance for a reduction in side setbacks. SECTION 3. REQUIRED FINDINGS. Lot Line Adjustment In accordance with Section 19.76.020 of the Newport Beach Municipal Code, the following findings for approval of a lot line adjustment and facts in support of such findings are set forth: Finding: A. Approv al 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 this title. Facts in Support of Findinq: 1. There is no change to the existing structures located on the parcels; therefore, the use will remain consistent with the General Plan Land Use designation of Two -Unit Residential (RT). 2. The relocation of the interior lot line between the subject parcels will not result in a development pattern which is inconsistent with the surrounding neighborhood. 3. Public improvements and infrastructure currently exist within the neighborhood; and the lot line adjustment, in and of itself, will not result in the need for additional improvements and /or facilities. 4. The proposed lot line adjustment is consistent with the purpose identified by Title 19. The subdivision is consistent with the General Plan, does not affect open space areas in the City, does not negatively impact surrounding land owners, lot purchasers, or residents, provides for orderly controlled growth within the City, provides adequate traffic circulation and utilities, will not negatively affect property values. Findinq: B. The number of parcels resulting from the lot line adjustment remains the same as before the lot line adjustment. Tmplt: 05/16/2012 Planning Commission Resolution No. 1909 Page 3 of 9 Facts in Support of Findinq: 1. The interior lot line between two (2) existing parcels is being realigned; therefore, no additional parcels are being created and no parcels are being eliminated. 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 proposed lot widths and lot sizes are consistent with the zoning requirements of Title 20 of the Newport Beach Municipal Code. 2. The parcels proposed to be created by the lot line adjustment comply with all applicable zoning regulations with exception of side setbacks between the two (2) properties for which a variance request is submitted. 3. There will be no change in allowed land uses, density, or intensity on the properties. 4. The future development on the parcels will comply with the Zoning Code development standards. Findinq: D. Neither the lots as adjusted nor adjoining parcels will be deprived of legal access as a result of the lot line adjustment. Facts in Support of Finding: 1. Legal access to the adjusted and adjoining parcels is provided via Breakers Drive and Ocean Boulevard. Finding: E. That the final configuration of the parcels involved will not result in the loss of direct vehicular access from an adjacent alley for any of the parcels that are included in the lot line adjustment. Tmplt: 0511612012 Planning Commission Resolution No. 1909 Paae 4 of 9 Facts in Support of Finding: 1. The existing parcels do not take access from an alley. Vehicle access is provided by way of Breakers Drive which is not being affected by this lot line adjustment. Finding: F. That the final configuration of a reoriented lot does not result in any reduction of the street side 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 side setbacks for the reoriented lot. The Planning Commission and City Council in approving the zone change application shall determine that the street side setbacks are appropriate, and are consistent and compatible with the surrounding pattern of development and existing adjacent setbacks. Facts in Support of Findinq: 1. The lot is not being reoriented and the final configuration of the parcels does not result in a requirement for revised setbacks. Variance In accordance with Section 20.52.090 of the Newport Beach Municipal Code, the following findings for approval of a variance and facts in support of such findings are set forth: Finding: A. There are special or unique circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: 1. The errant survey and related staking on 3124/3126 Breakers Drive resulted in a structure that, although constructed in accordance with the approved plans, was improperly sited and does not comply with the 4 -foot side setback requirement. The structure complies with all other zoning regulations. 2. Although the setbacks on 3130/3140 Breakers Drive resulting from the lot line adjustment will not comply with the Zoning Code - required four (4) feet, a minimum setback of 3.28 feet will be maintained which is consistent with many residential lots in Corona del Mar. 3. The existing setbacks on 3124/3126 Breakers Drive are less compliant than those resulting from the proposed lot line adjustment (2.50 feet prior to 3.20 feet TmpR: 05/16/2012 Planning Commission Resolution No. 1909 Page5of9 after). The resulting variance will increase the side setback to a distance that satisfies the California Building Code and is more compliant with the 4 -foot required side setback. Finding: B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification. Facts in Support of Finding: 1. The existing distances between the neighboring dwelling units, between 7.38 feet and 8.38 feet, will remain unchanged and are comparable to properties in the immediate vicinity as well as other areas of the City. 2. The errant survey and subsequent construction have resulted in a two -unit structure that does not comply with the California Building Code even though it was built in accordance with the approved plans. Rejection of the variance request would result in a two -unit structure that is neither conforming nor legal nonconforming by definition. Without unforeseen costly repairs, the two -unit structure would not be provided the standard Zoning Code relief regulations offered to nonconforming structures and would possibly be unsellable. There are very few instances in the City where this same scenario occurs, especially with structures less than 10 years old. 3. Strict compliance with the Zoning Code would preclude the property owners from pursuing a lot line adjustment, a privilege that may be enjoyed by others in the vicinity. Subsequently the building located on 3124/3126 Breakers Drive would need to be substantially altered. Finding: C. Granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Facts in Support of Finding: 1. The lot line adjustment between the two (2) properties is necessary to remedy a California Building Code issue. If the resulting variance to encroach into the required side setbacks was not granted, the applicant will be required to demolish and substantially alter the majority of the easterly side of the building located on 3124/3126 Breakers Drive. 2. Allowing for the setback encroachments of the principal structures will assist in mitigating negative impacts and circumstances associated with the property affording a higher level of enjoyment and use of the property by the applicant or Tmplt: 05116(2012 Planning Commission Resolution No. 1909 Paae 6 of 9 future property owners, which is consistent with the intent of the Zoning Code to promote the orderly growth and development of the City, to promote and protect the public health, safety, peace, comfort and general welfare, to protect the character and social and economic vitality of all districts within the City, and to assure the orderly and beneficial development of such areas. Finding: D. Granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. Facts in Support of Finding: 1. Granting of the variance is a practical solution to address Building Code issues on a structure that, although built according to plan, does not comply with said code. 2. The variance will not change the prescribed setbacks for the lot rather it will allow an exception. As conditioned, the setback encroachments will become null and void upon redevelopment of either property. 3. Becoming Building Code - compliant will allow the owner to market and sell the property in the future consistent with other homes that were constructed according to Zoning Code - compliant plans. 4. All other zoning regulations (e.g., floor area limits) will be based on the code- required 4 -foot side setback. Finding: E. Granting of the Variance will not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. Facts in Support of Finding: 1. There is no construction proposed as a result of the variance approval. The two (2) properties have been developed since the late 1950s and were subsequently redeveloped in the 2000s, The existing development, including the non - compliant setbacks, has not proven detrimental and granting of the requested variance will not present a foreseeable change. Finding: F. Granting of the Variance will not be in conflict with the intent and purpose of this Section, this Zoning Code, the General Plan, or any applicable specific plan. Tmplt: 05(16/2012 Planning Commission Resolution No. 1909 Paqe 7 of 9 Facts in Support of Finding: 1. The granting of this variance will not conflict with the Land Use Element of the General Plan, which designates the site for Two -Unit Residential (RT) use, or the Zoning Code, which designates the site as Two -Unit Residential (R -2). These designations provide for the existing two -unit dwellings and the proposed variance will not change the use of the property. 2. The existing and resulting setbacks provide a minimum 7.38 feet of space between the structures which allows for adequate light and air. 3. The granting of the variance will help to promote orderly development inasmuch as the existing buildings can remain without substantial alteration. The lot line adjustment and resulting variance are a pragmatic, efficient solution to a recently identified California Building Code issue. 4. The subject properties are not located within a specific plan area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2013 -007 and Variance No. VA2013 -007, 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 fourteen 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 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 21 ST DAY OF MARCH, 2013. AYES: Ameri, Hillgren, Toerge, and Tucker NOES: None ABSTAIN: None ABSENT: Brown, Kramer, and Myers BY: \ M Fred Amerj,/Secretary Tmpll: 05/16/2012 Planning Commission Resolution No. 1909 Paae 8 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) Planning Division Conditions 1. The lot line adjustment shall be in substantial conformance with the approved exhibit. (Except as modified by applicable conditions of approval.) 2. Variance No. VA2013 -007 shall expire unless exercised within 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. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. Should either property be redeveloped in the future, the new structures shall comply with the code - required setbacks and this approval shall become null and void for that property. 5. The maximum encroachment for 312413126 Breakers Drive shall be limited to 0.80 feet and the maximum encroachment for 313013140 Breakers Drive shall be limited to 0.72 feet. 6. The buildable area for each lot shall be determined using 4 -foot side setbacks. 7. 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 Variance No. VA2013 -007 and Lot Line Adjustment No. LA2013 -007. 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. Public Works Conditions 8. Property corners shall be monumented by a licensed Land Surveyor or registered Civil Engineer authorized to perform surveying by the State Board of Civil Engineers and Tmpli: 05/16/2012 Planning Commission Resolution No. 1909 Paqe 9 of 9 Land Surveyors (Pre -1982 with numbers prior to 33,966). Surveyor or Civil Engineer to submit a "Corner Record" or "Record of Survey" to the County Surveyor. 9. Prior to recordation of the lot line adjustment, grant deeds indicating the changes in titles of ownership should shall be submitted to the Public Works Department for review and approval. 10. The lot line adjustment and grant deeds reviewed and approved by the Public Works Department should shall be filed concurrently with the County Recorder and County Assessor's Offices. 11. Applicant shall comply with all the requirements identified in the Purchase and Sale of Real Property Agreement, Tmplt: 05/16/2012