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HomeMy WebLinkAboutZA2013-041 - Approved LA2013-006 for 116 Via KoronRESOLUTION NO. ZA2013 -041 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2013 -006 TO ADJUST THE BOUNDARIES OF PARCELS LOCATED AT 116 VIA KORON (PA2013 -119) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Fuscoe Engineering, with respect to property located at 116 Via Koron, and legally described as Lots 648, 649 and the Southwesterly' /2 of Lot 650 of Tract No. 907 in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 28, Page(s) 25 to 36, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of Orange County, California, requesting approval of a lot line adjustment. 2. The applicant proposes to adjust the underlying legal lot lines on a site that has been historically developed with a single structure. The applicant is requesting to remove the lot line between Lots 650 and 649 and to shift the lot line between Lots 649 and 648 north 7.5 feet to create two 37.5- foot -wide parcels for single - family residential development. The structure on the site crossing the property lines will be demolished prior to map recordation. There will be no change in the number of parcels. 3. The subject property is located within the Single -Unit Residential (R -1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single -Unit Residential Detached - (10.0 - 19.9 DU /AC) (RSD -C). 5. A public hearing was held on August 15, 2013 in the Corona del Mar Conference Room (Bay E -1 st 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 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. The project has been reviewed, and qualifies for a Class 5 (Minor Alterations in Land Use Limitations) categorical exemption 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). 2. The Class 5 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 Zoning Administrator Resolution No. ZA2013 -041 Paae 2 of 6 land use or density, including but not limited to minor lot line adjustments not resulting in the creation of any new parcel. The proposed lot line adjustment will not change the number of existing parcels, will not result in any change in use or density, and is consistent with all of the requirements of the Class 5 exemption. 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 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 this title. Facts in Support of Finding: 1. The proposed lot line adjustment will not change the single -unit residential use of the lots involved, and will maintain consistency with the General Plan Land Use Designation, Single -Unit Residential Detached (RS -D), which is intended for detached single - family residential dwelling units on a single lot. 2. The lot line adjustment will not result in a development pattern which is inconsistent with the surrounding neighborhood as the request is to reapportion two and a half legal lots into two separate parcels for future single -unit development which is consistent with the General Plan Land Use Plan and zoning designations. 3. The proposed lot line adjustment is consistent with the purpose identified in Chapter 19.76 (Lot Line Adjustments) of the Newport Beach Municipal Code. The lot line adjustment constitutes a minor boundary adjustment involving two full lots where the land taken from one lot is added to the abutting lot and the existing boundary line of the half lot is removed. The original number of lots will remain unchanged after the adjustment. 4. The subdivision is consistent with the General Plan, does not affect open space areas in the City, does not negatively impact surrounding land owners in as much as it affects an interior lot line between two adjacent lots, and will not in itself be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood. 04 -24 -2013 Zoning Administrator Resolution No. ZA2013 -041 Paae 3 of 6 5. 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 Finding: 1. The residence on the subject property was originally constructed across two legal lots and half of another legal lot, Lot 648, 649, and half of 650 of Tract No. 907. The proposed lot line adjustment will remove the interior lot line between Lots 649 and 650 and will adjust the interior lot line between Lots 648 and 649. No additional lots will result from the adjustment and the number 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 lot line adjustment will take 1,320 square feet of land from Lot 650 and add to Lot 649. Lot 648 will gain 660 square feet from Lot 649. The resulting net areas of the proposed Parcel 1 and 2, which are both 3,300 square feet, is consistent with the range of lot sizes in the vicinity within Tract No. 907. 2. The proposed parcels comply with all applicable zoning regulations, are not more nonconforming as to lot width, depth and area than the parcels that existed prior to the lot line adjustment, and there will be no change in allowed land uses, density, or intensity on the properties. 3. Typical lots within the surrounding area are 30 feet in width and 88 feet in depth with a resulting area of 2,640 square feet. Lots at the end of each block are wider varying between 35 and 40 feet in width. The proposed lot configuration is compatible with neighboring lots in the surrounding 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. 04 -24 -2013 Zoning Administrator Resolution No. ZA2013 -041 Paae 4 of 6 Facts in SUDDort of Findina: 1. Legal access to the subject properties from Via Lorca will not be 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 final configuration of the lots involved will not result in the loss of direct vehicular access from any street for any lots included in the lot line adjustment. Vehicular access to the existing residential property is taken from the Via Lorca and the final configuration will not change this. 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 the lots are not proposed to be reoriented. The setbacks shall continue to apply to the adjusted parcels per the Zoning Code development standards in the same way that they applied to the previous parcel configuration. Therefore, the lot line adjustment does not result in the reduction of any existing setbacks. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2013 -006 (PA2013 -119), 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 04 -24 -2013 Zoning Administrator Resolution No. ZA2013 -041 Paae 5 of 6 Development in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 15th DAY OF AUGUST, 2013. , Zoning Administrator 04 -24 -2013 Zoning Administrator Resolution No. ZA2013 -041 Paae 6 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL 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 release for recordation of the lot line adjustment, the applicant shall apply for a building permit to remove the existing single - family residence, and all work fulfilling this requirement shall be completed and finaled by the Building Division. 3. Prior to issuance of the building permit for the second, new single- family residence, Fair Share Fees consistent with the fee schedule in effect at the time of building permit issuance shall be paid for one dwelling unit. 4. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department for construction or demolition. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 5. 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 Via Koron Lot Line Adjustment including, but not limited to, Lot Line Adjustment No. LA2013 -006 (PA2013 -119). 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. 6. This 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 20 Planning and Zoning of the Newport Beach Municipal Code. 04 -24 -2013