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HomeMy WebLinkAbout20191212_Resolution_ZA2019-080Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL December 12, 2019 Bay House 2100, LLC. 2021 East Bay Avenue Newport Beach, CA 92661 Subject: Lot Line Adjustment No. LA2019-002 (PA2019-229) 2021 East Bay Ave nue and 2100 East Balboa Boulevard Dear Bay House 2100, LLC, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on December 12, 2019 and effective on December 23, 2019. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, David Lee, Assistant Planner GR/dl cc: CAA Planning, Inc. Attn: Shawna Schaffner 30900 Rancho Viejo Road, Suite 285 San Juan Capistrano, CA 92675 sschaffner@caaplanning.com RESOLUTION NO. ZA2019-080 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2019-002 TO ADJUST THE BOUNDARIES OF PARCELS LOCATED AT 2021 EAST BAY AVENUE AND 2100 EAST BALBOA BOULEVARD (PA2019-229) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Bay House 2100, LLC with respect to property located at 2021 East Bay Avenue and 2100 East Balboa Boulevard, and legally described as Lot 10 and the westerly half of Lot 11 of Tract 756 and Parcel 4 of Resubdivision No. 250 respectively, requesting approval of a lot line adjustment. 2. The applicant proposes to adjust the boundary between two (2) contiguous parcels located on the Balboa Peninsula. Land taken from 2100 East Balboa Boulevard will be reallocated to 2021 East Bay Avenue. There will be no change in the number of parcels. 3. The property at 2021 East Bay Avenue is currently developed with an existing single-unit residence with landscaping and hardscape amenities. Until recently, the property at 2100 East Balboa Boulevard was developed with a single-unit residence, which was demolished in 2018 (Coastal Development Permit No. CD2018-018) to make way for a replacement residence to be constructed in the near future. Both properties are designated by the General Plan as Single-Unit Residential Detached (RS-D), and located in the Single-Unit Residential (R-1) Zoning District. 4. The subject properties are located within the coastal zone. For both properties, the Coastal Land Use Plan category is Single Unit Residential Detached – (6.0 – 9.9 DU/AC) (RSD-B) and the Coastal Zoning District is Single-Unit Residential (R-1). The subject Lot Line Adjustment (LLA) does not require a Coastal Development Permit (CDP) as it is not defined as a development pursuant to the Local Coastal Program or Coastal Act. The LLA does not create new lots and the same number of lots will result with approval of the application. No physical development is directly or indirectly affected or authorized by the subject LLA. The lots included in the adjusted area do not support or provide public access or public views. The lots included in the adjusted area also do not support or contain any sensitive coastal resources. The project does not constitute a change in the intensity or density of the use of the property. The existing single-unit residence will remain at 2021 East Bay Avenue and 2100 East Balboa Boulevard will retain the potential to construct a future single-unit residence. Any future development on the subject lots would be required to comply with Title 21 (Local Coastal Implementation Plan) and obtain a CDP if required. 5. A public hearing was held on December 12, 2019, 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 Zoning Administrator Resolution No. ZA2019-080 Page 2 of 6 03-03-2015 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 property line between two (2) parcels and is for the purpose of accommodating the construction of a new swimming pool at 2021 East Bay Avenue. 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 wel fare 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 either property. The General Plan Land Use Designation of Single-Unit Residential Detached will be maintained for 2021 East Bay Avenue and 2100 East Balboa Boulevard. 2. The proposed lot line adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. Both 2021 East Bay Avenue and 2100 East Balboa Boulevard will continue to allow for single-unit development 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 (1) lot is added to an adjacent lot. The original number of lots will remain unchanged after the adjustment. Zoning Administrator Resolution No. ZA2019-080 Page 3 of 6 03-03-2015 4. The proposed lot line adjustment is consistent with the General Plan, 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. 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. Both 2021 East Bay Avenue and 2100 East Balboa Boulevard are located within the R- 1 Zoning District, which is 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 a 99-foot section of the common lot line approximately 15.50 feet easterly into the 2100 East Balboa lot. This would reallocate approximately 1,535 square feet of land from 2100 East Balboa Boulevard to 2021 East Bay Avenue. This adjustment would allow for the construction of a new swimming pool at 2021 East Bay Avenue. 3. Both lots will continue to meet the minimum lot width standard of 50 feet of the Zoning Code. Lot width is defined in the Zoning Code as the horizontal distance between the side lot lines, measured at right angles to the line that defines the lot depth at a point midway between the front and rear lines. Per the definition of lot width, the existing lot width for 2021 East Bay Avenue is 59.98 feet, while the existing lot width for 2100 East Balboa Boulevard is 61.29 feet. Subsequent to the lot line adjustment, the proposed lot width for 2021 East Bay Avenue increases to 75.08 feet, while the lot width for 2100 East Balboa Boulevard remains 61.29 feet. 4. Both lots will continue to exceed the minimum site area requirement s of the Zoning Code. Interior lots in the R-1 Zoning District are required to provide a minimum lot area of 5,000 square feet. In this case, the lot area for 2021 East Bay Avenue increases from 9,140 square feet to 10,675 square feet, while the lot area for 2100 East Balboa Boulevard decreases from 15,440 square feet to 13,905 square feet. Zoning Administrator Resolution No. ZA2019-080 Page 4 of 6 03-03-2015 5. The proposed lot line adjustment 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 dep rived 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 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 East Balboa Boulevard and East Bay Avenue, 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 Zoning District shall continue to apply to the adjusted parcels per the Zoning Code. Zoning Administrator Resolution No. ZA2019-080 Page 5 of 6 03-03-2015 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 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. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2019-002, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 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 12th DAY OF DECEMBER, 2019. _____________________________________ Gregg B. Ramirez, Zoning Administrator Zoning Administrator Resolution No. ZA2019-080 Page 6 of 6 03-03-2015 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 Bay House 2100, LLC Lot Line Adjustment including, but not limited to, Lot Line Adjustment No. LA2019-002 (PA2019-229). 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.