Loading...
HomeMy WebLinkAboutPA2023-0002_20230330_Resolution_ZA2023-019Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL March 31, 2023 Brandon Ostrom 38 Technology Drive Irvine, CA 92618 brandon.ostrom@stantec.com Subject: PA2023-0002 1101 Newport Center Drive Lot Line Adjustment for Restoration Hardware Dear Brandon, 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 March 30, 2023 and effective on April 11, 2023. 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. Following the expiration of the appeal period, an approved lot line adjustment requires subsequent separate review by the Public Works Department prior to release for recordation with the County of Orange. The applicant is responsible for making this submittal after action on the Planning Permit Application and appeal periods have expired. All applicable fees shall be paid. For more information on what is required, please contact Public Works at 949-644-3311. Sincerely, CC/oo cc: Chase Gilmore Irvine Company Retail Properties 110 Innovation, Irvine, CA 92617 cgilmore@irvinecompany.com RESOLUTION NO. ZA2023-019 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A LOT LINE ADJUSTMENT LOCATED AT 1101 NEWPORT CENTER DRIVE (PA2023-0002) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brandon Ostrom of Stantec Consulting Services, with respect to the property located at 1101 Newport Center Drive, and legally described as Parcel 7 of Parcel Map No. 86-399 requesting approval of a lot line adjustment. 2. The applicant proposes a lot line adjustment to accommodate the new expanded building footprint for Restoration Hardware in Fashion Island. The expanded footprint was approved by Building Permit No. XC2022-1892, issued on February 6, 2023., The approval included the larger building footprint that extends past the existing lot line into the landscaped common area owned by the Irvine Company. A lot line adjustment is required to accommodate the approved expanded commercial building. 3. The subject property is designated Regional Commercial (CR) by the General Plan Land Use Element and is located within the PC56 (North Newport Center, Fashion Island Sub- Area) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on March 30, 2023, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). 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 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) 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. 2. The proposed lot line adjustment affects the shared property line between three (3) parcels under common ownership and is for the purpose of accommodating the new expanded building footprint for Restoration Hardware in Fashion Island. There will be no change in land use, density, or intensity. 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, Zoning Administrator Resolution No. ZA2023-019 Page 2 of 6 10-18-21 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 Newport Beach Municipal Code (NBMC) Section 19.76.020 (Procedures for Lot Line Adjustments), 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 properties at 1101, 1109, and 203 Newport Center Drive are currently developed with a commercial buildings and landscaping. The proposed Lot Line Adjustment will not change the existing General Plan Land Use or Zoning District of the three (3) parcels. 2. The proposed lot line adjustment will not result in a development pattern that is inconsistent with the surrounding commercial area. The Fashion Island mall area is developed with many commercial buildings similar to Restoration Hardware. The use is consistent with the applicable General Plan Land Use and Zoning designation. The lots have identical Zoning and General Plan designations of PC56 and CR. The lots will maintain their current Zoning and General Plan designation and the uses will continue to be consistent with these designations. 3. Future development at both lots will continue to be required to comply with all applicable development standards specified by the PC56 Zoning District. Commercial uses are permissible on the expanded parcel under the existing land use designations and zoning districts. 4. The proposed Lot Line Adjustment is consistent with the purpose identified in NBMC Chapter 19.76 (Lot Line Adjustment). The Lot Line Adjustment constitutes a minor boundary adjustment involving three (3) adjacent lots where land is taken from two (2) lots and is added to an adjacent lot. The original number of lots will remain unchanged after the adjustment. 5. The Lot Line Adjustment is consistent with the General Plan, and does not negatively impact surrounding landowners, as the adjustment affects interior property lines between three (3) adjacent lots in common ownership. The existing land uses will remain Zoning Administrator Resolution No. ZA2023-019 Page 3 of 6 10-18-21 and have not proven to be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood. 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 three (3) contiguous parcels under common ownership. 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 known as 1101, 1109, and 203 Newport Center Drive are located within the PC56 (North Newport Center, Planned Community Fashion Island Sub-area) Zoning District, which is intended to permit commercial uses. The adjacent Irvine Company common areas including the landscaping and parking around the existing property are also located within the PC56 Zoning District, with identical zoning and General Plan designation of Regional Commercial (CR). The proposed lot line adjustment will not change the existing use of the parcels affected. Future development at both lots will continue to be required to comply with all applicable development standards specified by the PC56 Zoning districts. 2. The proposed boundary adjustment will change the internal property lines between the subject properties, reallocating approximately 13,194.92 square feet of land from Parcel 2 of LLA 2009-001 and Parcel 3 of LLA 2009-001 to Parcel 7 of LLA 86-399. The purpose of the lot line adjustment is to accommodate the new building footprint for Restoration Hardware approved by Building Permit No. XC2022-1892. 3. The subject properties are located within the Fashion Island regional mall. The three (3) parcels with surrounding commercial buildings and landscaping will continue to maintain the existing uses and there are no minimum lot area requirements for properties within PC56 Zoning District. Finding: Zoning Administrator Resolution No. ZA2023-019 Page 4 of 6 10-18-21 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 three (3) adjacent lots, under common ownership. Legal access to the three (3) properties will be maintained along Newport Center Drive, thus access to the subject properties will not be 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 commercial building is obtained from Newport Center Drive through a shopping center drive aisle to the south of the site and the final configuration will not change. There is no change to access or parking as a result of the lot line adjustment. 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 only required setback along Newport Center Drive of 10 feet will be maintained with the revised lot lines. Zoning Administrator Resolution No. ZA2023-019 Page 5 of 6 10-18-21 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, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The exceptions to this categorical exemption under Section 15300.2 are not applicable. 2. The Zoning Administrator of the City of Newport Beach hereby approves a Lot Line Adjustment (PA2023-0002) 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 Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 30th DAY OF MARCH, 2023. Zoning Administrator Resolution No. ZA2023-019 Page 6 of 6 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. Prior to the recordation of the Lot Line Adjustment, the Applicant shall submit the exhibits to the Public Works Department for final review. 3. Prior to final inspection of the building permit, the Lot Line Adjustment shall be recorded. 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 Restoration Hardware including, but not limited to, Lot Line Adjustment (PA2023-0002). 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.