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HomeMy WebLinkAboutZA2022-011 - APPROVING LOT LINE ADJUSTMENT NO. LA2019-001 FOR TWO PRIVATELY HELD PARCELS OWNED IN COMMON LOCATED AT 1650 FORD ROAD AND THE ABUTTING PARCEL TO THE WEST IDENTIFIED AS APN 458-361-10 (PA2019-089)RESOLUTION NO. ZA2022-011 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. LA2019-001 FOR TWO PRIVATELY HELD PARCELS OWNED IN COMMON LOCATED AT 1650 FORD ROAD AND THE ABUTTING PARCEL TO THE WEST IDENTIFIED AS APN 458-361-10 (PA2019-089) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by the Pacific Bell Telephone Company (Applicant/Owner/Owner), with respect to properties located at 1650 Ford Road and the abutting parcel to the west (APNs 458-361-02 and 458-361-10), legally described as Parcels 1 and 2 of a Parcel Map, in the City of Newport Beach, County of Orange, State of California, as per Map filed in Book 65, Page 4 of Parcel Maps Records of said County, requesting approval of a lot line adjustment. 2. The Applicant/Owner/Owner proposes to realign the property line between two privately held parcels that are owned in common. The adjustment will shift the property line westward around the existing parking lot improvements, reallocating approximately 9,831 square feet of land to the property at 1650 Ford Road (APN 458-361-02) from the property identified as APN 458-361-10. 3. The subject property is categorized Public Facilities (PF) by the General Plan Land Use Element and is located within the Public Facilities (PF) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on February 24, 2022, online via Zoom. 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 or density, including minor lot line adjustments. The proposed Lot Line Adjustment (hereafter “Adjustment”) affects an interior shared property line between two parcels that Zoning Administrator Resolution No. ZA2022-011 Page 2 of 6 10-18-21 are owned in common. There will be no change in land use, density, or intensity. While there are sloping portions of the westerly parcel, the average slope of the entire project area is less than 20 percent. 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 (NBMC), 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 Adjustment will not change the existing uses, allowable uses, or allowable intensity or density of either property. The General Plan Land Use Category of Public Facilities (PF) will remain for both properties and the Adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. 2. The Adjustment is consistent with the purpose identified in Chapter 19.76 (Lot Line Adjustment) of the NBMC. The lot line adjustment constitutes a minor boundary adjustment involving a shared interior property line between two (2) adjoining parcels under common ownership. The original number of lots will remain unchanged after the adjustment. 3. The Adjustment does not negatively impact surrounding landowners 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) adjoining parcels. The Adjustment realigns a shared interior property around existing improvements such that existing development no longer crosses a lot line. Zoning Administrator Resolution No. ZA2022-011 Page 3 of 6 10-18-21 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 Adjustment will realign the shared interior property line between two (2) adjoining parcels. The number of parcels will not change because of this project and will remain at two (2). 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 two (2) properties are located within Public Facilities (PF) Zoning District, intended to provide for areas appropriate for public facilities, including community centers, cultural institutions, government facilities, libraries, public hospitals, public utilities, and public schools. The Adjustment will not change the existing or allowed uses of the parcels affected. 2. The Adjustment will shift the existing interior shared property line between the two (2) parcels towards the west. The existing area of the property identified by APN 458-361- 10 is approximately 56,049 square feet. The Adjustment would decrease the area to approximately 46,218 square feet (net decrease of 9,831 square feet). The existing area of 1650 Ford Road is approximately 66,135 square feet and the Adjustment would increase the area to approximately 75,966 square feet (net increase of 9,831 square feet). 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 Adjustment affects the interior shared property line between two (2) adjoining parcels. Legal access to the subject properties is not affected by the Adjustment and remains from a driveway approach on Ford Road. Zoning Administrator Resolution No. ZA2022-011 Page 4 of 6 10-18-21 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. There is no alley serving these properties. Vehicular access is instead provided by Ford Road and the final configuration will maintain the same means of access. 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 PF Zoning District shall continue to apply to the adjusted parcels. 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 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 and the exceptions to this Categorical Exemption do not apply. 2. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2019-001 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 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 NBMC. Zoning Administrator Resolution No. ZA2022-011 Page 5 of 6 10-18-21 PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF FEBRUARY, 2022. Zoning Administrator Resolution No. ZA2022-011 Page 6 of 6 10-18-21 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 NBMC. 3. Prior to recordation of the lot line adjustment, the Applicant/Owner shall submit the exhibits to the Public Works Department for final review. 4. To the fullest extent permitted by law, Applicant/Owner 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 Pacific Bell Telephone Company including, but not limited to, Lot Line Adjustment No. LA2019-001 (PA2019-089). 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/Owner, City, and/or the parties initiating or bringing such proceeding. The Applicant/Owner 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/Owner shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.