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HomeMy WebLinkAboutZA2020-012 - APPROVING LOT LINE ADJUSTMENT NO. LA2020-001TO ADJUST THE BOUNDARIES OF PARCELS LOCATED AT AND ADJACENT TO 4700 SURREYRESOLUTION NO. ZA2020-012 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2020-001TO ADJUST THE BOUNDARIES OF PARCELS LOCATED AT AND ADJACENT TO 4700 SURREY DRIVE (PA2020-001) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Toal Engineering, Inc. requesting approval of a lot line adjustment with respect to property located at 4700 Surrey Drive and an adjacent 5-foot wide strip of undeveloped land along the Surrey Drive right-of-way. These properties are legally described as Parcel I as shown on Exhibit “B” attached to Lot Line Adjustment No. 98-05 recorded September 22, 1998 as Instrument No. 19980634516 of Official Records of Orange County, California; and that portion of Block 95, Irvine’s Subdivision, lying southerly of and contiguous to Parcels 2, 3, and 4 of Parcel Map No. 89-137, excepting therefrom any portion lying within Tract No. 3519. 2. The applicant proposes to adjust the boundary between two (2) contiguous parcels. Land taken from the unaddressed, undeveloped strip of land will be reallocated to 4700 Surrey Drive. There will be no change in the number of parcels. 3. The unaddressed strip of land along Surrey Drive is zoned Open Space and the General Plan Land Use Element category is Open Space (OS). The contiguous property at 4700 Surrey Drive is zoned Single-Unit Residential (R-1-6,000) and the General Plan Land Use Element category is Single-Unit Residential Detached (RS-D). 4. The subject properties are located in the coastal zone; however, approval of the Lot Line Adjustment will not result in an increase in density or intensity of use and therefore a coastal development permit is not required. 5. A public hearing was held on February 13, 2020, 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. Zoning Administrator Resolution No. ZA2020-012 Page 2 of 6 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 two (2) contiguous parcels and is intended to accommodate future construction of a driveway to a new garage at the lower level of the existing residence at 4700 Surrey 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, or allowable intensity or density, of either property. The General Plan Land Use Designation of Single-Unit Residential Detached will be maintained for the 4700 Surrey Drive parcel. The Open Space designation will be maintained for the unaddressed, undeveloped strip of land along Surrey Drive. 2. The proposed lot line adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. The 4700 Surrey Drive 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 use of the contiguous undeveloped strip of OS land will continue to be consistent with the applicable General Plan Land Use 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. Zoning Administrator Resolution No. ZA2020-012 Page 3 of 6 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 4700 Surrey Drive property is located within Single-Unit Residential (R-1-6,000) Zoning District, intended to provide for detached single-unit dwellings. The unaddressed, undeveloped strip of land along Surrey Drive is zoned OS (Open Space), intended to provide areas to maintain and protect the community’s natural open spaces, and to maintain open space areas within developed areas. The proposed lot line adjustment will not change the existing use of the parcels affected. 2. The proposed lot line adjustment will shift the existing property line between two (2) parcels towards the southwest, reallocating approximately 336 square feet of land to the property at 4700 Surrey Drive. The resulting boundary will allow construction of a driveway from Surrey Drive to a new garage at the lower level of the existing single- family residence 3. The proposed 4700 Surrey Drive parcel will continue to exceed the minimum site area requirement of the R-1-6,000 Zoning District. Lots of this designation are required to provide a minimum lot area of 6,000 square feet. In this case, the proposed 4700 Surrey Drive parcel is compliant in size with an area of 1.008 acres (43,897 square feet). 4. The proposed lot line adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. The property at 4700 Surrey Drive will continue to allow for a maximum of one single-unit dwelling consistent with the applicable General Plan Land Use and zoning designation. Finding: D. Neither the lots as adjusted nor adjoining parcels will be deprived legal access as a result of the lot line adjustment. Zoning Administrator Resolution No. ZA2020-012 Page 4 of 6 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 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. Fact in Support of Finding: 1. Vehicular access to the existing properties is from Surrey Drive 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. 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-1-6,000 Zoning District shall continue to apply to the adjusted parcel. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this Project is categorically 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, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2020-001, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2020-012 Page 5 of 6 3. 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 13th DAY OF FEBRUARY, 2020. BY: Zoning Administrator Resolution No. ZA2020-012 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 BR Trust Lot Line Adjustment including, but not limited to, Lot Line Adjustment No. LA2020-001 (PA2020-001). 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.