HomeMy WebLinkAboutZA2016-030 - LOT LINE ADJUSTMENT - 15 Hermitage Ln RESOLUTION NO. ZA2016-030
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT LINE
ADJUSTMENT NO. LA2015-007 TO ADJUST THE BOUNDARIES
OF PARCELS LOCATED AT 1 BIG CANYON DRIVE AND
15 HERMITAGE LANE (PA2015-222)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Stephen and Cherie Batcheller, property owners, with respect
to property located at 1 Big Canyon Drive and 15 Hermitage Lane, and legally described
as a portion of Block 55, 56, 92 and 93 of Irvine's Subdivision and Lot 85 of Tract No.
7223, respectively, requesting approval of a lot line adjustment.
2. The applicant proposes to adjust the boundary between two (2) contiguous parcels
located in the Big Canyon Planned Community (PC 8). Land taken from 1 Big Canyon
Drive will be reallocated to 15 Hermitage Lane. There will be no change in the number
of parcels.
3. The property at 1 Big Canyon Drive is the golf course area of the Big Canyon Planned
Community (PC 8) Zoning District and the General Plan Land Use Element category is
Parks and Recreation (PR). The property at 15 Hermitage Lane is located within Low
Density Residential Area 12 of the PC 8 Zoning District and the General Plan Land Use
Element category is Single-Unit Residential Detached (RS-D).
4. The subject properties are not located within the coastal zone.
5. A public hearing was held on May 26, 2016, in the Corona del Mar Conference Room
(Bay E-1 st 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.
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
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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 existing use of either property
affected. The General Plan Land Use Designation Single-Unit Residential Detached
(RS-D), which is intended for detached single-unit residential dwelling units, will be
maintained for the Hermitage Lane parcel. The Parks and Recreation designation,
which applies to active public or private recreational uses, including golf courses, will
be maintained for the Big Canyon Drive parcel.
2. The proposed boundary adjustment will not result in a development pattern that is
inconsistent with the surrounding neighborhood. The Hermitage Lane parcel will
continue to allow for single-unit development consistent with applicable General Plan
Land Use and zoning designation. The proposed Big Canyon Drive parcel will remain
a golf course and development will continue to be consistent with limits specified by
the General Plan and zoning designation.
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 lot is added to an adjacent lot. The original number of lots
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
property line between two (2) adjacent parcels.
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 property line between two (2)
adjacent parcels to the north. The number of parcels remain 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
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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 Hermitage Lane property is located within Low Density Residential Area 12 of the
Big Canyon Planned Community (PC 8) Zoning District, which is intended to provide
for detached single-unit dwellings. The golf course is located in an area of the PC 8
Zoning District, which is intended for a golf course. The proposed lot line adjustment
will not change the existing use of the parcels affected.
2. The proposed boundary adjustment will shift the property line between parcels 1.51
feet to the north, reallocating 181 square feet of land from 1 Big Canyon Drive to 15
Hermitage Lane.
3. The proposed Hermitage Lane parcel will continue to exceed the minimum site area
requirement of the Big Canyon Planned Community development regulations. Lots in
Area 12 are required to provide a minimum lot area of 8,000 square feet. In this case,
the proposed Hermitage Lane parcel is compliant in size with an area of 13,510
square feet.
4. The proposed parcels comply with all applicable lot size regulations of the Big Canyon
Planned Community Development Plan and will not result in a 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 property line between two (2) adjacent
parcels. Legal access to the subject properties from Big Canyon Drive, Jamboree
Road, and Hermitage Lane are not affected by the lot line adjustment.
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 Findinq:
1. Vehicular access to the existing properties is taken from Big Canyon Drive, Jamboree
Road, and Hermitage Lane, and the final configuration will not change.
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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:
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 parcels in the PC 8 Zoning District shall continue to apply to the
adjusted parcels per the Planned Community Development Plan.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line
Adjustment No. LA2015-007, 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 or call for review 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 26TH DAY OF MAY, 2016.
BY:
Patrick 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 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, the applicant shall submit the Lot Line
Adjustment exhibits to the Public Works Department for final review.
4. Prior to recordation of the lot line adjustment, the applicant shall obtain a building permit
to remove the existing wood deck crossing the property line.
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 15 Hermitage Lane Lot Line Adjustment including,
but not limited to, LA2015-007 (PA2015-222). This indemnification shall include, but not
be limited to, damages awarded against the City, if any, costs of suit, attomeys'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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