HomeMy WebLinkAboutZA2015-065 - LOTLINE ADJUSTMENT BETWEEN TWO LOTS UNDER COMMON OWNERSHIP - 1207 Dolphin Ter RESOLUTION NO. ZA2015-065
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT LINE
ADJUSTMENT NO. LA2015-006 TO ADJUST THE BOUNDARIES
OF PARCELS LOCATED AT 1207 AND 1215 DOLPHIN
TERRACE (PA2015-193)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brion Jeannette Architecture, on behalf of Diyar Irvine, LLC,
with respect to property located at 1207 and 1215 Dolphin Terrace, and legally described
as Lot 6 of Tract No. 1700 and Lot 1 of Tract No. 2334, requesting approval of a lot line
adjustment.
2. The applicant proposes to adjust the interior boundary between two (2) contiguous
parcels located along Dolphin Terrace. Land will be taken from 1215 Dolphin Terrace
and allocated to 1207 Dolphin Terrace. 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-A).
5. A public hearing was held on December 10, 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 properties and there will be no
change in land use or density. Furthermore, the resulting demolition or alteration of
Zoning Administrator Resolution No. ZA2015-065
Page 2 of 6
existing structures to accommodate the boundary adjustment only requires a
ministerial permit. The structures involved are not significant historic resources for the
purpose of CEQA.
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
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
lots will remain unchanged after the adjustment.
4. The resulting lot widths and area will maintain consistency with the development
pattern within the surrounding neighborhood.
5. 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.
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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 parcels. 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 reallocate approximately 1,717 square feet
from 1215 Dolphin Terrace to 1207 Dolphin Terrace. The existing area of 1215
Dolphin Terrace is approximately 14,052 square feet. The proposed lot line adjustment
will reduce the area to approximately 12,335 square feet. The existing area of 1207
Dolphin Terrace is approximately 12,382 square feet. The proposed lot line adjustment
would increase the area to approximately 14,099 square feet.
2. The proposed parcels maintain consistency with the minimum size requirements of the
Zoning Code including the minimum 50 feet width and 5,000-square-foot minimum site
area requirement for interior lots in the R-1 Zoning District.
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 properties will be maintained from Dolphin Terrace.
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.
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Facts in Support of Finding:
1. The proposed boundary adjustment will not impact vehicular access and the existing
curb cuts along Dolphin Terrace will be maintained for each parcel.
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 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. LA2015-006, 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.
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PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF DECEMBER, 2015.
By:
atrick J. Alford
Zoning Administrator
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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, all existing structures are required to be
demolished or relocated to comply with applicable setback requirements.
4. Prior to recordation of the lot line adjustment, the applicant shall submit the exhibits to the
Public Works Department for final review and approval.
5. 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 1207 AND 1215 Dolphin Terrace Lot Line
Adjustment including, but not limited to, LA2015-006 (PA2015-193). 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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