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HomeMy WebLinkAboutZA2016-035 - LOT LINE ADJUSTEMENT BETWEEN PRIVATE PROPERTY AND IRVINE COMPANY GOLF COURSE - 735 Cameo Highlands Dr RESOLUTION NO. ZA2016-035 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2016-004 TO ADJUST THE BOUNDARIES OF PARCELS LOCATED AT 735 CAMEO HIGHLANDS DRIVE AND THE THREE UNADDRESSED ADJACENT PROPERTIES TO THE EAST (PA2016-041) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Guida Surveying, on behalf of Gary Sauter, PH Finance LLC, and The Irvine Company LLC, with respect to property located at 735 Cameo Highlands Drive and the unaddressed adjacent properties to the east (Parcel 2, Parcel 3, and Parcel 4), and legally described as Lot 59 of Tract No. 3519; a portion of Lots 3 and 7 of Tract No. 14131 and a portion of Lot 1 of Tract No. 13859; a Triangular Strip in Block 130 of Tract No. 361 of Irvine's Subdivision; and an Irregular Strip in Block 131 of Tract No. 361 of Irvine's Subdivision, requesting approval of a lot line adjustment. 2. The applicant proposes to adjust the interior lot line between four (4) contiguous parcels located at 735 Cameo Highlands Drive and the adjacent unaddressed parcels to the east (Parcel 2, Parcel 3, and Parcel 4). Land taken from Parcel 2, Parcel 3, and Parcel 4 will be reallocated to 735 Cameo Highlands Drive. There will be no change in the number of parcels. 3. The property at 735 Cameo Highlands Drive is located in the Single Unit Residential (R1- 6000) Zoning District and the General Plan Land Use Element category is Single-Unit Residential Detached (RS-D). Parcel 2 is located in the Newport Coast Planned Community (PC 52) Zoning District and the General Plan Land Use Element category is Parks and Recreation (PR). Parcel 3 and Parcel 4 are located in the Open Space (OS) Zoning District and the General Plan Land Use Element category is Open Space (OS). 4. The subject properties are located within the coastal zone within the categorical exclusion area. 5. A public hearing was held on June 16, 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 QUALITYACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15305, Article 19 of Chapter 3, Guidelines for Zoning Administrator Resolution No. ZA2016-035 Page 2 of 6 Implementation of the California Environmental Quality Act) under Class 5 (Minor Alterations in Land Use Limitations) of the Guidelines for CEQA. 2. This 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 property line between four (4) parcels and is for the purpose of accommodating existing residential accessory structures entirely on one parcel, 735 Cameo Highlands Drive. 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 the title. Facts in Support of Finding: 1. The proposed lot line adjustment will not change the existing use of any of the four parcels. The General Plan Land Use Designation Single-Unit Residential Detached will be maintained for the 735 Cameo Highlands Drive parcel. The Parks and Recreation designation will be maintained for Parcel 2. The Open Space designation will be maintained for Parcel 3 and Parcel 4. 2. The proposed lot line adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. The 735 Cameo Highlands Drive property will continue to allow for single-unit development consistent with the applicable General Plan Land Use and zoning designation. Parcel 2, Parcel 3, and Parcel 4 will maintain their current zoning and General Plan designation and the uses will continue to be consistent with these designations. 3. The proposed lot line adjustment is consistent with the purpose identified in Chapter 19.76 (Lot Line Adjustment) of the Newport Beach Municipal Code. The lot line adjustment constitutes a minor boundary adjustment involving four (4) adjacent lots where land taken from three lots is added to an adjacent lot. The original number of lots will remain unchanged after the adjustment. 4. The lot line adjustment is consistent with the General Plan, and does not negatively impact surrounding land owners, as the adjustment affects interior property lines 03-03-2015 Zoning Administrator Resolution No. ZA2016-035 Page 3 of 6 between four (4) adjacent parcels. The existing land uses will remain and have not proven to be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood. Finding: B. The number of parcels resulting from the lot line adjustment remains the same as before the adjustment. Facts in Support of Finding: 1. The proposed lot line adjustment will adjust the property line between four (4) contiguous parcels. The number of parcels 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 735 Cameo Highlands Drive property is located within the Single Unit Residential Zoning District, which is intended to permit detached single-unit dwellings. Parcel 2 is located within Golf Course Planning Area 10A of the Newport Coast Planned Community (PC 52) Zoning District, which is intended for a golf course. Parcel 3 and Parcel 4 are located within the Open Space Zoning District, which is intended to maintain and protect open space areas. The proposed lot line adjustment will not change the existing use of the parcels affected. 2. The proposed boundary adjustment will change the internal property lines between the subject properties, reallocating 425.75 square feet of land from Parcel 2, Parcel 3, and Parcel 4 to 735 Cameo Highlands Drive. The resulting boundaries will allow existing residential accessory structures to be located entirely on the parcel of 735 Cameo Highlands Drive. 3. The proposed 735 Cameo Highlands Drive parcel will continue to exceed the 6,000 square-foot minimum site area requirement of the Single Unit Residential (R1-6000) Zoning District, with a proposed lot area of 15,609 square feet. There are no minimum lot area requirements for properties within the Open Space Zoning District. 4. Parcel 2 complies with all applicable lot size regulations of the Newport Coast Planned Community Development Plan and will not result in a change in allowed land uses, density, or intensity on the property. 03-03-2015 Zoning Administrator Resolution No. ZA2016-035 Page 4 of 6 Finding: D. Neither the lots as adjusted nor adjoining parcels will be deprived legal access as a result of the lot line adjustment. Facts in Support of Finding: 1. The proposed lot line adjustment affects the interior property lines between four (4) adjacent parcels. Legal access to the subject properties is not affected by the 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 Finding: 1. Vehicular access to the existing properties is taken from Cameo Highlands Drive and East Coast Highway. The final configuration will not change. 2. There are no alleys located within or near the subject parcels. Finding: F. That the final configuration of a reoriented lot does not result in any reduction of the street site 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 site setbacks for the reoriented lot. The Planning Commission and City Council in approving the zone change application shall determine that the street site 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 adjusted 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 R1-6000, OS, and PC 52 Zoning Districts shall continue to apply to the adjusted parcels. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2016-004, subject to the conditions set forth in Exhibit "A", which is attached hereto and incorporated by reference. 03-03-2015 Zoning Administrator Resolution No. ZA2016-035 Page 5 of 6 2. This action shall become final and effective ten (10) days following the date this Resolution was adopted unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 19 (Subdivisions) of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 161h DAY OF JUNE, 2016. BY: Patrick J. Alford, Zoning Administrator 03-03-2015 Zoning Administrator Resolution No. ZA2016-035 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. The 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 19 (Subdivisions) of the Newport Beach Municipal Code. 3. Prior to recordation of the lot line adjustment, the applicant shall submit the exhibits to the Public Works Department for final review. 4. 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 735 Cameo Highlands Drive Lot Line Adjustment including, but not limited to, Lot Line Adjustment No. LA2016-004 (PA2016-041). 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. 03-03-2015