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HomeMy WebLinkAboutZA2018-078 - LOT LINE ADJUSTMENT TO APPROVE A LOT LINE ADJUSTMENT - 2401 VISTA HOGARRESOLUTION NO. ZA2018-078 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2018-002 FOR A LOT LINE ADJUSTMENT LOCATED AT 2401 VISTA HOGAR (PA2018-044) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Machiko Tajima, with respect to property located at 2401 Vista Hogar, and legally described as Lot 87 and Lot 105 of Tract No. 5798 requesting approval of a lot line adjustment. 2. A lot line adjustment to add 271 square feet of homeowner’s association property (Lot 105) to a private residential property at 2401 Vista Hogar (Lot 87). The subject area is located at the entrance to the dwelling unit and is generally bounded by 2401 Vista Hogar, 2405 Vista Hogar, and the street. There will be no change in the number of lots. 3. The subject property at 2401 Vista Hogar is designated RS-A (Single-Unit Residential Attached) by the General Plan Land Use Element and is located within the R-1 (Single- Unit Residential) Zoning District. The adjacent homeowners’ association property, Lot 105, is designated OS (Open Space) by the General Plan Land Use Element and is located within the OS (Open Space) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on June 28, 2018 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 hearing 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 hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 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 but not limited to minor lot line adjustments not resulting in the creation of any new parcel. The proposed lot line adjustment affects the shared property line between two parcels and is for the purpose of creating a larger lot at 2401 Vista Zoning Administrator Resolution No. ZA2018-078 Page 2 of 6 12-21-17 Hogar to match the existing lot lines of similar parcels within the Eastbluff Community. There will be no change in land use, density, or intensity. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 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 property at 2401 Vista Hogar is currently developed with a single -family residence. The adjacent homeowner’s association property serves as common area between the dwelling units and includes a greenbelt and community pool. The proposed lot line adjustment will not change the existing General Plan land use and zoning district of any of the two parcels. 2. The proposed lot line adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. The Eastbluff Community is developed with attached homes in clusters of two to four units. The common homeowner’s association lot provides for building separation between these clusters. The 2401 Vista Hogar property will continue to allow for single-unit development consistent with the applicable General Plan Land Use and Zoning designation. The lots will maintain their current Zoning and General Plan designation and the uses will continue to be consistent with these designations. 3. Future development at both lots will continue to be required to comply with all applicable development standards specified by the R-1 (Single-Unit Residential) and Open Space (OS) Zoning districts, respectively. As conditioned, a General Plan and Zoning Code amendment are required to update the land use designation and zoning district to allow an addition to the existing residence within the expanded lot area at Zoning Administrator Resolution No. ZA2018-078 Page 3 of 6 12-21-17 2401 Vista Hogar. Accessory structures are permissible on the expanded parcel under the existing land use designations and zoning districts. 4. 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 two (2) a djacent lots where land taken from one lot and is added to an adjacent lot. The original number of lots will remain unchanged after the adjustment. 5. 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 between two (2) 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. Fact in Support of Finding: 1. The proposed lot line adjustment will adjust the property line between two (2) 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 2401 Vista Hogar property (Lot 87) is located within the R-1 (Single Unit Residential) Zoning District, which is intended to permit attached single-unit dwellings. The homeowners’ association property (Lot 105) is located within the OS (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. Future development at both lots will continue to be required to comply with all applicable development standards specified by the R-1 (Single-Unit Residential) and Open Space (OS) Zoning districts, respectively 2. The proposed boundary adjustment will change the internal property lines between the subject properties, reallocating 271 square feet of land from Lot 105 to 2401 Vista Hogar (Lot 87). The purpose of the lot line adjustment is to create a larger lot at 2401 Vista Hogar to match the existing lot lines of similar parcels within the Eastbluff Community. Zoning Administrator Resolution No. ZA2018-078 Page 4 of 6 12-21-17 3. The subject properties are located within the Eastbluff community, which was developed as a Planned Residential Development in 1965. The proposed 2401 Vista Hogar parcel will continue maintain the minimum site area requirement of the original Planned Residential Development, with a proposed lot area of 1,854 square feet. There are no minimum lot area requirements for properties within the Open Space Zoning District. Finding: D. Neither the lots as adjusted nor adjoining parcels will be deprived legal access as a result of the lot line adjustment. Fact in Support of Finding: 1. The proposed lot line adjustment affects the interior property lines between two (2) adjacent parcels. Legal access to the two properties will be maintained along Vista Hogar, thus access to the subject properties will not be 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. Fact in Support of Finding: 1. Vehicular access to 2401 Vista Hogar is from Vista Hogar, and the final configuration will not change. Vehicular access to the homeowners’ association property, Lot 105, is from Vista Hogar, Vista Huerta, and Hilvanar and the final configuration will not change. 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 approp riate 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 patte rn of development and existing adjacent setbacks. Fact 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 R-1 Zoning District shall continue to apply to the adjusted parcels per the Planned Community Development. Zoning Administrator Resolution No. ZA2018-078 Page 5 of 6 12-21-17 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2018-044, 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 28TH DAY OF JUNE, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-078 Page 6 of 6 12-21-17 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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 recordation of the lot line adjustment, the applicant shall submit the exhibits to the Public Works Department for final review. The exhibits shall be updated to include the existing and new legal descriptions for Lot 105. 3. Future development at both lots shall comply with all applicable development standards specified by the R-1 (Single-Unit Residential) and Open Space (OS) Zoning district respectively. A General Plan and Zoning Code amendment to upd ate the land use designation and zoning district shall be required to allow an addition to the existing residence within the expanded lot area at 2401 Vista Hogar. Accessory structures are permissible on the expanded parcel under the existing land use desi gnations and zoning districts. 4. 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. 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 Tajima Lot Line Adjustment including, but not limited to, Lot Line Adjustment No. LA2018-002 (PA2018-044). 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.