HomeMy WebLinkAboutZA2012-033 Lot Line AdjustmentRESOLUTION NO. ZA2012 -033
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT LINE
ADJUSTMENT NO. LA2012 -005 TO ADJUST THE
BOUNDARIES BETWEEN LOTS R (151 NEWPORT CENTER
DRIVE), R -1, R -3 AND A PORTION OF LOT 17 OF TRACT 6015
(143 NEWPORT CENTER DRIVE). (PA2012 -086)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Stantec Consulting Services, Inc., representing the Irvine
Company, with respect to properties located at 143 and 151 Newport Center Drive, Lots
R, R -1, and R -3 of Tract 6015, and a portion of a lot utilized as parking lot, and legally
described as Lot 17 of Tract 6015, respectively, requesting approval of a lot line
adjustment.
2. The area of the existing Lot 17 (Parcel 2 of LA004, Parking Lot Parcel) is 11.402 acres
and the proposed lot line adjustment would decrease the size to 5.433 acres
(Proposed Parcel 1 LA2012 -005).
3. 151 Newport Center Drive- The proposed lot line adjustment will alter the interior lot
lines between Lots R and 17 (Parcel 2 of LA2012 -004) of Tract 6015. The lot line
adjustment increases the area of the proposed parcel (currently designated as 151
Newport Center Drive) to 1.255 acres (Proposed Parcel 2 LA2012 -005).
4. 143 Newport Center Drive- The applicant proposes a lot line adjustment to establish a
building pad for the construction of a new commercial building. The proposed lot line
adjustment will move the interior lot lines to enlarge Lot R -3 of Tract 6015 which lies
adjacent and southerly of the Macy's Department Store and includes taking land from
Lot 17 and adding it to Lot R -3. The lot line adjustment increases the area of the
existing Lot R -3 (to be designated as 143 Newport Center Drive) to 0.989 acres
(Proposed Parcel 3).
5. The proposed lot line adjustment will alter the interior lot lines between Lots R -1 and 17
(Parcel 2 of LA2012 -004) of Tract 6015. As proposed, the parcel will be occupied by
site improvements, parking and drive aisles, no buildings are proposed on this parcel.
The lot line adjustment will take land from Lot 17 of Tract 6015 (Parcel 2 of pending LA
2012 -004) and add it to Lot R -1 of Tract 6015 resulting in a parcel area of
approximately 4.112 acres (Proposed Parcel 4)
6. Existing parking drive aisles for traffic circulation in the immediate adjacent area will
also be realigned in conjunction with the proposed lot line adjustment.
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7. The subject property is located within the CR (Regional Commercial) Zoning District and
the General Plan Land Use Element category is CR (Regional Commercial).
8. The subject properties are not located within the coastal zone.
9. A public hearing was held on August 29, 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.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Lot Line Adjustment has been determined to be categorically exempt under the
requirements of the California Environmental Quality Act under Class 5 (Minor
Alterations in Land Use Limitations). The project consists of minor alteration in land
use limitations in areas with an average slope of less than 20 percent which does not
result in any changes in land use or density. The Lot Line Adjustment will not result in
the creation of a new parcel.
SECTION 3. REQUIRED FINDINGS.
Lot Line Adjustment
In accordance with Section 19.76.020.1 of the Newport Beach Municipal Code, the following
findings and facts in support of the findings for a lot line adjustment 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 Title 19.
Facts in Support of Finding
1. The proposal is consistent with the General Plan since the lots are for regional
commercial retail and service uses and parking lots that support the commercial use, a
permitted use in this area.
2. The adjusted lot lines of the subject parcels will not result in a development pattern
which is inconsistent with the surrounding neighborhood.
3. Public improvements will be required of the Applicant per the Municipal Code and the
Subdivision Map Act.
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4. The proposed lot line adjustment is consistent with the purpose identified by Title 19.
The subdivision is consistent with the General Plan, does not affect open space areas
in the City, does not negatively impact surrounding land owners, lot purchasers, or
residents, provides for orderly controlled growth within the City, provides adequate
traffic circulation and utilities, will not negatively affect property values.
Findinci
B. The number of parcels resulting from the lot line adjustment remains the same as
before the lot line adjustment.
Facts in Support of Finding
1. The project site described in the proposal consists of legal building sites including Lot
Nos. R, R -1, R -3, and 17 of Tract 6015. The proposed lot line adjustment will move the
interior lot lines between four legal lots.
2. The land taken from Lot 17 of Tract 6015 will be added to the reconfigured contiguous
Lots R, R -1, R -3 of Tract 6015 and does not change or reduce the number of lots.
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 width, depth, and area than the
parcels that existing prior to the lot line adjustment.
Facts in Support of Finding
1. The proposed lot widths and lot sizes are consistent with the zoning requirements of
Title 20 of the Newport Beach Municipal Code and the North Newport Center Planned
Community District Regulations (PC56).
2. The parcels proposed to be created by the lot line adjustment comply with all
applicable zoning regulations and there will be no change in allowed land uses,
density, or intensity on the properties.
3. The existing and proposed development on the parcels will comply with the Zoning
Code development standards and the North Newport Center Planned Community
District Regulations (PC56).
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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. Adequate access to all of the reconfigured parcels is provided within the Fashion
Island Regional Shopping Center.
2. The design of the development will not conflict with any easements acquired by the
public at large for access through or use of property within the proposed development.
All easements that currently exist will be continued either by inclusion of the lot line
adjustment documents or by separate instrument.
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 final configuration of the parcels involved will not result in the loss of direct
vehicular access from any street for any parcels included in the lot line adjustment
since there are no alleys located within or near the subject parcels.
Finding
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 final configuration of the parcels does not result in a requirement for revised
setbacks since street side setbacks shall continue to apply to the realigned parcels per
the Zoning Code development regulations and the North Newport Center Planned
Community District Regulations in the same way that they did to the previous parcel
configuration; therefore the lot line adjustment does not result in the reduction of any
existing street side setbacks.
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NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line
Adjustment No. LA2012 -004 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 (10) 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 Subdivision Code, of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 29th DAY OF AUGUST, 2012.
M
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CONDITIONS OF APPROVAL
1. Lot Line Adjustment No. LA2012 -004 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
5. 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.
6. All applicable Public Works Department plan check fees shall be paid prior to review of
the lot line adjustment and grant deeds.
7. 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.
8. 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.
9. Sequential Recordation Required: Lot Line Adjustment No. LA2012 -004 shall be
recorded prior to this Lot Line Adjustment No. LA2012 -005.
10. No building permits may be issued until the appeal period has expired and Lot Line
Adjustment No. LA2012 -005 has been recorded, unless otherwise approved by the
Director of the Community Development Department.
11. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
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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 151 Newport Center LLA including, but not limited to,
Lot Line Adjustment No. LA2012 -005 (PA2012 -086). 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.