HomeMy WebLinkAboutZA2013-063 - Approved LA2013-010 - 1080 Bayside DriveRESOLUTION NO. ZA2013 -063
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT LINE
ADJUSTMENT NO. LA2013 -010 TO ADJUST THE BOUNDARIES
OF PARCELS WITHIN THE BAYSIDE SHOPPING CENTER AT
1080 BAYSIDE DRIVE (PA2013 -151)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by CAA Planning, Inc. on behalf of the Irvine Company, with
respect to property located at 1080 Bayside Drive, and legally described as Parcel 1 of
Lot Line Adjustment No. 98 -06 requesting approval of a lot line adjustment.
2. The applicant proposes a lot line adjustment to increase the size of the subject parcel to
accommodate a new approximately 200 - square -foot dry storage room addition in
conjunction with the proposed expansion of an existing food service, eating and drinking
establishment (Sapori Ristorante).
3. The subject property is located within the Commercial Neighborhood (CN) Zoning District
and the General Plan Land Use Element category is Neighborhood Commercial (CN).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Neighborhood Commercial - (0.0 to 0.30 FAR) (CN).
5. A public hearing was held on October 10, 2013 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 Lot Line Adjustment has been determined to be categorically exempt under the
requirements of the California Environmental Quality Act under Class 5 (Minor
Alterations in Land Use Limitations) of the Implementing Guidelines of the California
Environmental Quality Act. The project consists of minor alteration in land use
limitations in areas with an average slope of less than 20 percent which does not result
in any changes in land use or density. The Lot Line Adjustment will not result in the
creation of a new parcel.
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SECTION 3. REQUIRED FINDINGS.
Lot Line Adjustment
In accordance with Section 19.76.020.1 of the Newport Beach Municipal Code, the following
findings and facts in support of the findings for a lot line adjustment 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 Title 19.
Facts in Support of Finding
1. The proposal is consistent with the General Plan since the lots are for neighborhood
commercial retail and service uses, which are permitted uses in this area.
2. The reconfiguration of the subject parcels will not result in a development pattern
which is inconsistent with the surrounding neighborhood.
3. Public improvements will be required of the Applicant per the Municipal Code and the
Subdivision Map Act.
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.
Finding
B. The number of parcels resulting from the lot line adjustment remains the same as
before the lot line adjustment.
Facts in Support of Finding
1. The project site described in the proposal consists of legal building sites including
Parcel Nos. 1 and 2 of Lot Line Adjustment 98 -06. The proposed lot line adjustment
will move the interior lot lines between two legal lots.
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2. The 202 square feet taken from Parcel No. 2 will be added to Parcel No. 1 within Lot
Line Adjustment 98 -06 and no additional parcels will result from the proposed 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 width, depth, and area than the
parcels that existing 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 and there will be no change in allowed land uses,
density, or intensity on the properties.
3. The future development on the parcels will comply with the Zoning Code development
standards.
Finding
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. Adequate access to all parcels is provided via Bayside Drive.
2. The design of the development will not conflict with any easements acquired by the
public at large for access through or use of property within the proposed development.
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.
Facts in Support of Finding
1. The final configuration of the parcels involved will not result in the loss of direct
vehicular access from any street for any parcels included in the lot line adjustment.
There are no alleys located within or near the subject parcels.
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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 Finding
F1. The final configuration of the parcels does not result in a requirement for revised
setbacks. The existing default setbacks for the footprint lot are zero feet along all
property lines. The parking area lot maintains a rear setback of 5 feet since it is abutting
a residential zoning district. These setbacks shall continue to apply to the realigned
parcels per the Zoning Code development regulations in the same way that they did to
the previous parcel configuration; therefore the lot line adjustment does not result in the
reduction of any existing street side setbacks.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line
Adjustment No. LA2013 -010, 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 is filed with the Director of Community
Development in accordance with the provisions of Title 19 Subdivisions, of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 10TH DAY OF OCTOBER, 2013.
, Zoning Administrator
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EXHIBIT "A"
PROCEDURAL REQUIREMENTS
1. Lot Line Adjustment No. LA2013 -010 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.
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. 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.
4. 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
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.
5. All applicable Public Works Department plan check fees shall be paid prior to review of
the lot line adjustment and grant deeds.
6. Prior to recordation of the lot line adjustment, grant deeds indicating the changes in
titles of ownership should be submitted to the Public Works Department for review and
approval.
7. The lot line adjustment and grant deeds reviewed and approved by the Public Works
Department should be filed concurrently with the County Recorder and County
Assessor's Offices.
8. No building permits may be issued until the appeal period has expired, unless
otherwise approved by the Planning Division.
9. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
10. 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 Sapori Ristorante Expansion including, but not
limited to, Lot Line Adjustment No. LA2013 -010 (PA2013 -151). 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,
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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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