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HomeMy WebLinkAboutZA2012-020 Lot Line AdjustmentRESOLUTION NO. ZA2012 -020 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2011 -002 TO INCORPORATE 1,009 - SQUARE -FOOT PORTION OF AN ABANDONED CARNATION AVENUE RIGHT -OF -WAY INTO THE ADJACENT R -2 PROPERTY LOCATED AT 412 AND 412 '/z CARNATION AVENUE (PA2011 -194). THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Kurt Christiansen, with respect to property located at 412 and 412 '/z Carnation Avenue, and legally described as Parcel 2 Block 331 LLA2009 -006 requesting approval of a lot line adjustment. 2. The applicant proposes a lot line adjustment for the purpose of incorporating an approximate 1,009- square -foot portion of abandoned Carnation Avenue right -of -way into the adjacent Two -Unit Residential (R -2) property. The lot line adjustment is required by the City Council approved Agreement for Purchase and Sale of Real Property of said portion of vacated right -of -way. 3. The subject property is located within the Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element category is Two -Unit Residential (R -2). 4. The subject property is located within the coastal zone in the Categorical Exclusion Zone. The Coastal Land Use Plan category is Two Unit Residential (RT -D) 5. A public hearing was held on May 23, 2012 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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. The public hearing was continued to the June 13, 2012, Zoning Administrator meeting at the request of the applicant. 6. A public hearing was held on June 13, 2012 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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 under the requirements of the California Environmental Quality Act under Section 15305, of the California Zoning Administrator Resolution No. ZA2012 -020 Pape 2 of 6 Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). 2. This project qualifies for a Class 5 exemption because it consists of minor alterations in land use limitations (lot line adjustments) in areas with an average slope of less than 20 %, which do not result in any changes in land use or density. SECTION 3. REQUIRED FINDINGS. Lot Line Adjustment 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. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of this 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 for the following reasons. Facts in Support of Finding: 1. The two -unit residential use of the property is not changing and is consistent with the two -unit residential (R -2) zone. 2. With the additional area added to the lot, the lot remains consistent with the development pattern of the neighborhood. 3. Public improvements and infrastructure currently exist within the neighborhood; and the lot line adjustment, in and of itself, will not result in the need for additional improvements and /or facilities. Finding: B. The number of parcels resulting from the lot line adjustment remains the same as before the lot line adjustment. Facts in Support of Findinq: 1. A portion of the vacated right -of -way is being added to the adjacent 412 and 412 '/2 Carnation Avenue parcel. Therefore, no additional parcels will result from the lot line adjustment. Tmplt: 0 411 712 01 2 Zoning Administrator Resolution No. ZA2012 -020 Pape 3 of 6 Finding: C. The parcel resulting from the lot line adjustment complies with all applicable zoning regulations and there will be no change in the land use, density, or intensity on the property. Facts in Support of Finding: 1. The lot line adjustment is adding 1,009 square feet of vacated right -of -way and is not creating a new lot. The resulting lot size of approximately 5,791 square feet is consistent with the size of lots in the vicinity. 2. The lot line adjustment is consistent with applicable zoning regulations and the resultant parcel is not more nonconforming as to lot width, depth and area than the parcel that existed prior to the lot line adjustment. 3. The existing and allowed density of two -units does not change with the lot line adjustment. 4. There is no change in intensity as the added area can't be used to increase buildable area. Finding: D. Neither the lots as adjusted nor adjoining parcels will be deprived of legal access as a result of the lot line adjustment. Facts in Support of Finding: 1. The portion of the vacated right -of -way is adjacent to Carnation Avenue. Access to the subject parcel and to any adjacent parcels is from the alley which is not affected by the lot line 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. Facts in Support of Finding: 1. The portion of the vacated right -of -way is adjacent Carnation Avenue and therefore, the final configuration of the parcel will not result in the loss of direct vehicular access from the alley. Finding: Tmplt: 0 411 712 01 2 Zoning Administrator Resolution No. ZA2012 -020 Pape 4 of 6 F. That the final configuration of a reoriented lot does not result in any reduction of the street side 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 side setbacks for the reoriented lot. The Planning Commission and City Council in approving the zone change application shall determine that the street side 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 lot is not being reoriented and the final configuration of the parcels does not result in a requirement for revised setbacks. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment LA2011 -002, 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 days after the adoption of this Resolution 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 13th DAY OF JUNE, 2012. Wisneski, AIPP, Zoning Administrator Tmplt: 0 411 712 01 2 Zoning Administrator Resolution No. ZA2012 -020 Pape 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL PUBLIC WORKS 1. Property corners shall be monumented by a licensed Land Surveyor or registered Civil Engineer authorized to perform surveying by the State Board of Civil Engineers and Land Surveyors (Pre -1982 with numbers prior to 33,966). Surveyor or Civil Engineer to submit a "Corner Record" or `Record of Survey" to the County Surveyor. 2. The westerly property line shall be located 5 feet back from the existing Carnation Avenue right -of -way line to accommodate the existing 5 -foot wide sidewalk located on the Carnation Avenue frontage. 3. The existing private improvements permitted through the encroachment agreement are allowed to remain. 4. No habitable structures or garages shall be allowed to be constructed on the vacated right -of -way area and this area shall be regulated as a front yard pursuant to the Zoning Code. 5. The square footage of the vacated right -of -way (approximately 1,009 square feet) cannot be used to increase the buildable area allowed on the subject parcel. 6. The City makes no guarantees or warrantee related to the stability of the slope on the subject parcel. 7. All Public Works Department plan check fees shall be paid prior to review of the lot line adjustment and grant deeds. 8. Prior to recordation of the lot line adjustment, grant deeds indicating the changes in titles of ownership should be submitted to the Public Works Department for review and approval. 9. The lot line adjustment and grant deeds reviewed and approved by the Public Works Department should be filed concurrently with the County Recorder and County Assessor's Offices. 10. Applicant shall comply with all the requirements identified in the Purchase and Sale of Real Property Agreement. Tmplt: 0 411 712 01 2 Zoning Administrator Resolution No. ZA2012 -020 Pape 6 of 6 PLANNING 11. The 15 -foot front yard setback shall be measured from the front lot line as legally described by Lot Line Adjustment No. LA2009 -006, not the front lot line resulting from this approval. 12. 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 Carnation Lot Line Adjustment including, but not limited to, Lot Line Adjustment No. LA2011- 002 (PA2011 -194). 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 Tmplt: 0 411 712 01 2