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HomeMy WebLinkAboutZA2020-074 - APPROVING LOT LINE ADJUSTMENT NO. LA2020-003 TO ADJUST THE REAR PROPERTY LINE BETWEEN THREE (3) PARCELS LOCATED AT 4800 SURREY DRIVE, 716 AND 722 CAMEO HIGHLANDS (PA2020-080)RESOLUTION NO. ZA2020-074 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING LOT LINE ADJUSTMENT NO. LA2020-003 TO ADJUST THE REAR PROPERTY LINE BETWEEN THREE (3) PARCELS LOCATED AT 4800 SURREY DRIVE, 716 AND 722 CAMEO HIGHLANDS (PA2020-080) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by RDM Surveying, with respect to properties located at 4800 Surrey Drive, 716 and 722 Cameo Highlands Drive, and legally described as Lot 50 and the west half of lot 51, Lot 57, and Lot 58 of Tract No. 3519, as shown on map thereof recorded in book 128, pages 18 through 21 of miscellaneous maps in the office of the county recorder of Orange County, CA, requesting approval of a lot line adjustment. 2. The applicant proposes a lot line adjustment to realign the rear property line between three (3) residences located in Surrey Drive and Cameo Highlands Drive. 3. The subject properties are designated Single Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Single-Unit Residential (R-1- 6000) Zoning District. 4. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential (RSD-A) and it is located within the Single-Unit Residential (R-1-6000) Coastal Zone District. The subject properties are located in the Coastal Zone. However, the proposed lot line adjustment will not result in any change to land use density. 5. A public hearing was held online on November 12, 2020, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. 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 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 Zoning Administrator Resolution No. ZA2020-074 Page 2 of 6 or density, including minor lot line adjustments. The proposed lot line adjustment a ffects the rear property line between three residences located at 4800 Surrey Drive , 716 and 722 Cameo Highlands Drive. There will be no change in land use, density, or intensity . 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 detrimenta l 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 4800 Surrey Drive, 716 and 722 Cameo Highlands Drive. 2. The proposed lot line adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. The properties at 4800 Surrey Drive, 716 and 722 Cameo Highlands Drive will continue to allow for a maximum of one (1) single unit dwelling 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 t hree (3) adjacent lots rear property lines. 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 three (3) adjacent parcels. The proposed lol line adjustment results from the existing rear and side property line walls on 716 and 722 Cameo Highlands Drive that were constructed on 4800 Surrey Drive. Zoning Administrator Resolution No. ZA2020-074 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 rear property line between three (3) adjacent 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 three (3) properties are located within Single-Unit Residential (R-1-6,000) Zoning District, intended to provide for detached single -unit dwellings. 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 rear property line between the three (3) parcels towards the south, reallocating approximately 1,019 square feet of land from the property at 4800 Surrey Drive to 716 and 722 Cameo Highlands Drive. The proposed lot line adjustment results from existing development improvements on 716 and 722 Cameo Highlands Drive that were constructed on 4800 Surrey Drive. The proposed lol line adjustment results from the existing rear and side property line walls on 716 and 722 Cameo Highlands Drive that were constructed on 4800 Surrey Drive. 3. The existing area of 4800 Surrey Drive is approximately 13,806 square feet. The proposed lot line adjustment would decrease the area to approximately 12,787 square feet (net decrease of 1,019 square feet). The existing area of 716 Cameo Highlands Drive is approximately 7,678 square feet and the proposed lot line adjustment would increase the area to approximately 7,987 square feet (net increase of 309 square feet). The existing area of 722 Cameo Highlands Drive is approximately 7,752 square feet and the proposed lot line adjustment would increase the area to approximately 8,462 square feet (net increase of 710 square feet). 4. The proposed lot line adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. All three properties will continue to allow for a maximum of one single unit dwelling consistent with the applicable General Plan Land Use and zoning designation. Zoning Administrator Resolution No. ZA2020-074 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. Fact in Support of Finding: 1. The proposed lot line adjustment affects the interior property lines between t hree (3) adjacent parcels. Legal access to the subject properties is not affected by the adjustment and is available along Surrey Drive and Cameo Highlands Drive. 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 Cameo Highlands Drive. The final configuration will not change vehicular access to the properties. 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 r equired 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 pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, Zoning Administrator Resolution No. ZA2020-074 Page 5 of 6 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. LA2020-003. 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 Director of Community Development in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 12th DAY OF NOVEMBER, 2020. Zoning Administrator Resolution No. ZA2020-074 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 Cameo Highlands Lot Line Adjustment including, but not limited to, Lot Line Adjustment No. LA2020-003 (PA2020-080). 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.