HomeMy WebLinkAboutZA2015-050 - LOT LINE ADJUSTMENT - 2908 Ocean Blvd (2) RESOLUTION NO. ZA2015-050
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT LINE
ADJUSTMENT NO. LA2015-004 TO ADJUST THE BOUNDARIES
OF PARCELS LOCATED AT 2908 AND 2914 OCEAN
BOULEVARD (PA2015-127)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Nanci Glass, on behalf of Nicholson Companies, with respect
to property located at 2908 and 2914 Ocean Boulevard, and legally described as portions
of Lots 4, 5, and 6 in Block 35, Resubdivision of Corona del Mar (Certificate of
Compliance No. 2015-100), requesting approval of a lot line adjustment.
2. The applicant proposes to adjust the interior boundary between two (2) contiguous
parcels located along Ocean Boulevard. Land will be taken from 2908 Ocean
Boulevard and reallocated to 2914 Ocean Boulevard. There will be no change in the
number of parcels.
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-B).
5. A public hearing was held on August 27, 2015, 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. The project has been reviewed, and qualifies for a Class 5 (Minor Alterations in Land
Use Limitations) categorical exemption 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).
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
land use or density, including minor lot line adjustments. The proposed boundary
adjustment affects the interior lot line between two (2) properties and there will be no
change in land use or density.
SECTION 3. REQUIRED FINDINGS.
Zoning Administrator Resolution No. ZA2015-050
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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
each property. The General Plan Land Use Designation, Single-Unit Residential
Detached (RS-D), which is intended for detached single-family residential dwelling
units will be maintained for each parcel.
2. The proposed boundary adjustment will not result in a development pattern which is
inconsistent with the surrounding neighborhood. Each of the resulting parcels will
continue to allow for single-unit development, which is consistent with the existing
General Plan Land Use and zoning designations.
3. The proposed boundary 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) adjacent lots
where land taken from one (1) lot is added to an adjacent lot. The original number of
lot 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, and will not in itself
be detrimental to the health, safety, peace, comfort, and general welfare of persons
residing or working in the neighborhood, because the adjustment affects an interior lot
line between two (2) adjacent lots.
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 proposed boundary adjustment will shift the interior boundary between two (2)
adjacent lots. No additional lots will result from the adjustment and the number
remains the same as before the lot line adjustment.
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Zoning Administrator Resolution No. ZA2015-050
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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 reallocate 1,305.06 square feet from 2908
Ocean Boulevard to 2914 Ocean Boulevard. The existing area of 2908 Ocean
Boulevard is 0.23 acres (10,049.64 square feet). The proposed lot line adjustment will
reduce the area to 0.201 acres (8,744.58 square feet). The existing area of 2914
Ocean Boulevard is 0.16 acres (7,032.22 square feet). The proposed lot line
adjustment would increase the area to 0.191 acres (8,337.28 square feet).
2. Lots in Block 35 of the original resubdivision of Corona del Mar were 30 feet wide and
extended the depth of the block. The proposed parcels measure 45.53 and 47.83 feet
wide and are consistent with the original depths.
3. The proposed parcels comply with the 5,000-square-foot minimum site area
requirement for interior lots in single-unit residential zoning districts and comply with all
applicable zoning regulations. The proposed parcels are not more nonconforming in lot
width 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 the interior lot line between two (2)
adjacent lots. Legal access to the subject properties will be from Ocean Boulevard and
Ocean Lane.
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. Vehicular access to the parcels proposed will be taken from Ocean lane at the rear.
The existing curb cut along Ocean Boulevard is required to be closed prior to
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recordation of the lot line adjustment in order to provide additional on-street parking
along Ocean Boulevard, consistent with policies in the General Plan.
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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line
Adjustment No. LA2015-004, 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.
PASSED, APPROVED, AND ADOPTED THIS 27'" DAY OF AUGUST, 2015.
By:
re d Wisneski, AI P, Zoning Administrator
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Zoning Administrator Resolution No. ZA2015-050
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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 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.
3. Prior to recordation of the lot line adjustment, curb cut access along Ocean Boulevard
shall be closed.
4. Prior to recordation of the lot line adjustment, all existing structures are required to be
demolished or relocated to comply with applicable setback requirements.
5. Prior to recordation of the lot line adjustment, the applicant shall submit the exhibits to the
Public Works Department for final review.
6. Prior to building permit issuance for any demolition or alteration on site, photographs
documenting the inventoried historic structure shall be provided in compliance with
Coastal Land Use Plan Policy 4.5.2-1.
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 the 2908 Ocean LLC Lot Line Adjustment including, but
not limited to, LA2015-004 (PA2015-127). 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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