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HomeMy WebLinkAboutZA2013-069 - Approve LA2013-011RESOLUTION NO. ZA2013 -069 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT APPLICATION NO. LA2013 -011 TO ADJUST THE BOUNDARY BETWEEN TWO CONTIGUOUS PARCELS LOCATED AT 201 -205 CARNATION AVENUE AND 101 BAYSIDE PLACE (PA2013 -199) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Hunsaker & Associates with respect to property located at 201 -205 Carnation Avenue and 101 Bayside Place, and legally described, in Exhibit A, requesting approval of a lot line adjustment to adjust a 584 - square -foot portion of 101 Bayside Place to 201 -205 Carnation Avenue. 2. The proposed lot line adjustment will adjust the interior boundary between two contiguous legal parcels where there will be no change in the number of parcels and the adjustment will not deprive either parcel of access to streets or utilities. 3. The General Plan and Zoning Ordinance designates the subject properties as RM 20 DU /AC (Multiple -Unit Residential, 20 dwelling unites per acre) which is intended to provide for areas appropriate for multi -unit residential developments containing attached or detached dwelling units. 4. The subject properties are located within the coastal zone. The proposed lot line adjustment is consistent with Tentative Tract Map No. 16882 creating a 7 -unit condominium development that was previously approved by the City Council in 2009, by Resolution No. 2009 -52 and California Coastal Commission by CDP 5 -10 -298. 5. A public hearing was held on October 24, 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. The requirement for environmental review pursuant to CEQA has been satisfied by the AERIE Project EIR (SCH # 2007021054) that was certified by the City Council in compliance with CEQA, the State CEQA Guidelines, and City Council Policy K -3 on July 7, 2009. The lot configuration resulting from the proposed lot line adjustment is identical to Tentative Tract Map No. 16882 Copies of the AERIE Project EIR are available for public review and inspection at the Planning Division or at the City of Newport Beach website at www.newportbeachca.gov. Zoning Administrator Resolution No. ZA2013 -069 Paqe 2 of 5 SECTION 3. REQUIRED FINDINGS. 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 this title. Facts in Support of Finding: A -1. The lot line adjustment is consistent with the purpose and intent of Title 19 (Subdivisions). The proposed lot line adjustment will protect land owners and surrounding residents, and will preserve the public health, safety, and general welfare of the City. A -2. The lot line adjustment to combine a 584 - square -foot. portion of an existing legal lot (101 Bayside Place — Parcel 2) with an adjacent existing legal lot (201 -205 Carnation Avenue — Parcel 1) will not result in a development pattern that is inconsistent with the surrounding neighborhood. The resulting adjusted lots are consistent with Tentative Tract Map No. 16882 creating a 7 -unit condominium development that was previously found not to be detrimental to the community when approved by the City Council in 2009, by Resolution No. 2009 -52 and California Coastal Commission by CDP 5 -10- 298. A -3. The adjusted lot will not restrict light and air from Carnation Avenue, Bayside Place or the surrounding residential properties. 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: B -1. The lot line adjustment to combine a 584 - square -foot portion of one parcel (101 Bayside Place — Parcel 2) with an adjacent existing legal lot (201 -205 Carnation Avenue — Parcel 1) will not result in the creation of additional parcels. There were two legal parcels prior to the lot line adjustment and there will be two legal parcels after 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 Zoning Administrator Resolution No. ZA2013 -069 Paqe 3 of 5 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: C -1. The adjusted lot line will not render either of the resulting parcels nonconforming as to lot width, depth and area. C -2. The adjusted lot line will not render any of the existing structures located at the donor parcel (101 Bayside Place — Parcel 2) nonconforming as to setbacks. C -3. The donor parcel (101 Bayside Place — Parcel 2) will be reduced from 15,335.1 square feet to 14,751.1 square feet, which well exceeds the 5,000- square -foot minimum parcel size of Section 20.10.030 of the Municipal Code. C -4. The area being added to the adjusted lot (201 -205 Carnation — Parcel 1) will not increase the maximum density of the resulting parcel as the area is mostly excluded from the calculation as the slope of the area exceeds 50 percent. The maximum density calculation permitted before and after the adjustment is 9 units. 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: D -1. The lot as adjusted will not be deprived of legal access as the adjusted lot abuts a public street and vehicular access to and from Carnation Avenue will remain unchanged. D -2. No adjoining parcels will be deprived of legal access as a result of the lot line adjustment. The donor parcel (101 Bayside Place — Parcel 2) as adjusted will maintain vehicular access from Bayside Place, a private roadway that provides access to Bayside Drive a public street. 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: E -1. The final configuration of the parcels involved will not result in the loss of direct vehicular access from an adjacent alley as there is currently no direct vehicular access Zoning Administrator Resolution No. ZA2013 -069 Paqe 4 of 5 from an alley for any of the parcels involved in the lot line adjustment and that will remain unchanged. 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: F -1. The adjusted area is at the rear of 201 -205 Carnation (Parcel 1) and due to its location, it will have no impact to setbacks that were established with the approval of Tentative Tract Map No. 16882. The adjusted area of (101 Bayside Place — Parcel 2) is located south and upslope of Bayside Place and the residence on the lot is located on the north side of Bayside Place (between Bayside Place and Newport Bay) and due to the location of the adjusted area, it will not have any impact on the front setback for 101 Bayside Place. 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 -011 (PA2013 -199), 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 24TH DAY OF OCTOBER, 2013. ,.yam/ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2013 -069 Paqe 5 of 5 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. This 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 20 Planning and Zoning of the Newport Beach Municipal Code. 3. 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 AERIE Lot Line Adjustment including, but not limited to LA2013 -011 (PA2013 -199). 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.