HomeMy WebLinkAboutZA2018-121 - LOT LINE ADJUSTMENT TO ADJUST THE BOUNDARIES OF TWO PARCELS - 81 ROYAL SAINT GEORGE ROAD AND 1 BIG CANYON DRIVERESOLUTION NO. ZA2018-121
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT LINE
ADJUSTMENT NO. LA2018-006 TO ADJUST THE BOUNDARIES
OF PARCELS LOCATED AT 81 ROYAL SAINT GEORGE ROAD
AND 1 BIG CANYON DRIVE (PA2018-162)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Paul J. Meshek of Fidelity National Law Group with respect to
property located at 81 Royal Saint George and 1 Big Canyon Drive, and legally described
as Lot 2 of Tract 7223 and Parcel 2 of Lot Line Adjustment No. LA2016-002 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 (PC8). Land taken from 1 Big Canyon
Drive will be reallocated to 81 Royal Saint George Road. 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 (PC8) Zoning District and the General Plan Land Use Element category is
Parks and Recreation (PR). The property at 81 Royal Saint George Road is located within
Low Density Residential Area 12 of the PC8 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 October 25, 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 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. 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
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
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property line between two (2) parcels and is for the purpose of accommodating existing
residential accessory structures entirely on one parcel, 81 Royal Saint George Road.
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, or allowable intensity
or density, of either property. The General Plan Land Use Designation of Single-Unit
Residential Detached will be maintained for the 81 Royal Saint George Road parcel.
The Parks and Recreation designation will be maintained for the 1 Big Canyon Drive
parcel.
2. The proposed lot line adjustment will not result in a development pattern that is
inconsistent with the surrounding neighborhood. The 81 Royal Saint George Road
property will continue to allow for a maximum of one single-unit dwelling consistent with
the applicable General Plan Land Use and zoning designation. The proposed 1 Big
Canyon Drive parcel will remain a golf course and development will continue to be
consistent with limits specified by the General Plan (Anomaly No. 31) and zoning
designation.
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 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 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, as the adjustment affects interior property lines
between two (2) adjacent parcels.
Finding:
B. The number of parcels resulting from the lot line adjustment remains the same as before
the adjustment.
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Facts 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 81 Royal Saint George Road property is located within Low Density Residential
Area 9 of the Big Canyon Planned Community (PC8) Zoning District, which is intended
to provide for detached single-unit dwellings. The 1 Big Canyon Drive is located in an
area of the PC8 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 the subject
parcels to the southwest, reallocating approximately 745 square feet of land from 1 Big
Canyon Drive to 81 Royal Saint George Road. The resulting boundary will allow existing
residential accessory structures to be located entirely on the parcel of 81 Royal Saint
George Road.
3. The proposed 81 Royal Saint George Road parcel will continue to exceed the minimum
site area requirement of the Big Canyon Planned Community development regulations.
Lots in Area 9 are required to provide a minimum lot area of 8,000 square feet. In this
case, the proposed 81 Royal Saint George Road parcel is compliant in size with an area
of 12,846 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 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 two (2)
adjacent parcels. Legal access to the subject properties is not affected by the
adjustment.
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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 from Big Canyon Drive, Jamboree Road,
and Royal Saint George Road, 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 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 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 PC8 Zoning District shall continue to apply to the
adjusted parcels per the Planned Community Development.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line
Adjustment No. LA2018-006, 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 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.
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PASSED, APPROVED, AND ADOPTED THIS 25th DAY OF OCTOBER, 2018.
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. 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 81 Royal Saint George Road Lot Line Adjustment including, but not limited
to, Lot Line Adjustment No. LA2018-006 (PA2018-162). 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.