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HomeMy WebLinkAboutZA2014-036 - LOT LINE ADJUSTMENT TO CREATE TWO SEPARATE PARCELS FOR SINGLE-FAMILY DEVELOPMENTS - 214 Via Mentone RESOLUTION NO. ZA2014-036 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2014-002 TO ADJUST BOUNDARIES OF PARCELS LOCATED AT 214 VIA MENTONE (PA2014-128) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Abell Helou Homes, with respect to property located at 214 Via Mentone, and legally described as Lots 569, 570 and the northeasterly one-half of Lot 571 of Tract No. 907 as per map recorded in Book 28, Pages 25 to 36 inclusive of Miscellaneous Maps in the Office of the County Recorder of Orange County, California requesting approval of a lot line adjustment. 2. The applicant proposes to adjust the underlying legal lot lines on a site consisting of two legal lots (Lots 569 and 570) and a portion of another lot (Lot 571). The applicant is requesting to remove the lot line between Lots 570 and a portion of Lot 571, and shift the lot line between Lots 569 and 570 west 7.5 feet to create two 37.5-foot-wide parcels for single-unit residential development. There will be no change in the number of legal building sites and the existing dwelling built across the property lines will be demolished. 3. The subject property is located within the Single-Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single-Unit Residential Detached (RS-D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single-Unit Residential Detached (RSD-C). 5. A public hearing was held on October 16, 2014, 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 5 (Minor Alterations in Land Use Limitations). 2. The Class 5 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 Zoning Administrator Resolution No. ZA2014-036 Page 2 of 6 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 will not change the number of existing legal building sites, will not result in any change in use or density, and is consistent with all of the requirements of the Class 5 exemption. 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 this title. Facts in Support of Finding: 1. The proposed boundary adjustment will not change the single-unit residential use of the lots involved and will maintain consistency with the General Plan Land Use Designation, Single-Unit Residential Detached (RS-D), which is intended for detached single-unit residential dwelling units on a single lot. 2. The lot line adjustment will not result in a development pattern which is inconsistent with the surrounding neighborhood as the request is to reapportion two (2) legal lots and a portion of another lot into two (2) separate parcels for future single-unit development, which is consistent with the General Plan Land Use Plan and zoning designation. 3. The proposed lot line adjustment is consistent with the purpose identified in Chapter 19.76 (Lot Line Adjustments) of the Newport Beach Municipal Code. The lot line adjustment constitutes a minor boundary adjustment involving two (2) full lots where the land taken from one (1) lot is added to the abutting lot and the existing boundary line of the half lot is removed. The original number of legal building sites will remain unchanged after the adjustment. 4. The subdivision is consistent with the General Plan, does not affect open space areas in the City, does not negatively impact surrounding land owners in as much as it affects an interior lot line between two (2) adjacent lots, and will not in itself be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood. Zoning Administrator Resolution No. ZA2014-036 Page 3 of 6 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 existing single-unit dwelling on the subject property was originally constructed across two (2) legal lots and half of another lot (Lot 569, 570, and half of 571 of Tract No. 907). The proposed lot line adjustment will remove the interior lot line between Lots 570 and a portion of 571 and will adjust the interior lot line between Lots 569 and 570. No additional lots will result from the adjustment and the number 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 proposed boundary adjustment will take 660 square feet of land from Lot 570 and add to Lot 569. Lot 570 will gain 1,320 square feet from Lot 571. The resulting net area would be 3,330 square feet for the proposed Parcel 1 and 2. The proposed parcels are consistent with the original lot sizes in the vicinity which are typically 30 feet wide, 88 feet deep, and 2,640 square feet in area, but as large as 42.5 feet wide, 88 feet deep, and 3,740 square feet in area. 2. The proposed parcels with lot widths of 37.5 feet and depths of 88 feet are consistent with neighboring lots and comply with all applicable zoning regulations. The proposed parcels are not more nonconforming as to lot width, depth and area than the parcels that existed prior to the lot line adjustment and those in the vicinity; and there will be no change in allowed land uses, density, or intensity on the properties. 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. The proposed boundary adjustment affects interior lot lines. Legal access to the subject property from Via Mentone and Strada Mentone are not affected by the lot line adjustment. Zoning Administrator Resolution No. ZA2014-036 Page 4 of 6 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 proposed parcels does not result in the loss of direct vehicular access from any street. Vehicular access to the existing property is taken from Via Mentone and the final configuration will not change this. 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: 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 lots in the R-1 Zoning District shall continue to apply to the adjusted lots per the Zoning Code, just as they applied to the previous configuration. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2014-002 (PA2014-128), 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 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. Zoning Administrator Resolution No. ZA2014-036 Page 5 of 6 PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF OCTOBER, 2014, n red Wisneski, Al P, Zoning Administrator Zoning Administrator Resolution No. ZA2014-036 Page 6 of 6 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. Prior to the release for recordation of the lot line adjustment, the applicant shall apply for a building permit to remove the existing single-unit dwelling, and all work fulfilling this requirement shall be completed and finaled by the Building Division. 3. Prior to issuance of the building permit for the second, new single-unit dwelling, Fair Share Fees consistent with the fee schedule in effect at the time of building permit issuance shall be paid for one (1) dwelling unit. 4. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department for construction or demolition. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 5. This approval shall expire and become void unless exercised within twenty-four (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, 6. 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 Via Mentone Lot Line Adjustment including, but not limited to, LA2014-002 (PA2014-128). 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.