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HomeMy WebLinkAboutZA2013-059 - Approved LA2013-007 - 4400 Von Karman AvenueRESOLUTION NO. ZA2013 -059 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2013 -007 FOR PARCELS LOCATED AT 4400 VON KARMAN AVENUE (PA2013 -141) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by The Koll Company, with respect to property located at 4400 Von Karman Avenue, and legally described as Parcel 1 of Parcel Map No. 82 -713 and Parcel 2 of Parcel Map No. 91 -155. 2. The applicant is requesting to adjust the property lines between Parcel 1 of Parcel Map No. 82 -713 and Parcel 2 of Parcel Map No. 91 -155 to be consistent with management responsibilities. Only the common property lines between the two parcels will be adjusted. The proposal does not increase or reduce the number of parcels. 3. The subject property is located within the Koll Center Planned Community District (PC- 15) and the General Plan Land Use Element category is MU -H2 (Mixed -Use Horizontal 2). 4. The subject property is not located within the coastal zone. 5. Public hearings were held on August 29 and October 10, 2013 in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meetings were given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at these meetings. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The project 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). 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 land use or density, including but not limited to minor lot line adjustments not resulting in the creation of any new parcel. Zoning Administrator Resolution No. ZA2013 -059 Paqe 2 of 5 SECTION 3. REQUIRED FINDINGS. 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 A -1. The proposal is consistent with the General Plan as no development is proposed with this application and the current conditions are consistent with permitted use in this area. A -2. The adjusted lot lines of the subject parcels will not result in a development pattern which is inconsistent with the surrounding neighborhood. A -3. 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. 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 B -1. The project site described in the proposal includes Parcel 1 of Parcel Map No. 82 -713, and Parcel 2 of Parcel Map No. 91 -155. Only the common property lines between these two parcels will be affected by the proposed Lot Line Adjustment. B -2. The proposal does not increase or reduce the number of parcels. 08 -29 -2013 Zoning Administrator Resolution No. ZA2013 -059 Pape 3 of 5 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 C -1. The proposed parcel configuration is consistent with the zoning requirements of Title 20 of the Newport Beach Municipal Code and the Koll Center Planned Community District (PC15). The resulting lots will meet minimum area requirements and there will be no change in allowed land uses, density, or intensity on the subject parcels. C -2. The existing development on the parcels complies with the Zoning Code and the Koll Center Planned Community District (PC15) development standards. Any additional development or redevelopment would be under separate application and approval. 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 D -1. Adequate access to all of the reconfigured parcels is provided by existing public streets and private easements. D -2. All easements that currently exist will continue to provide sufficient access, parking and circulation throughout the existing development. 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 E -1. The final configuration of the parcels involved will not result in the loss of direct vehicular access from any street for any parcel included in the lot line adjustment since there are no alleys located within or near the subject parcels. 08 -29 -2013 Zoning Administrator Resolution No. ZA2013 -059 Paqe 4 of 5 Findinq 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 F -1. The proposed configuration of the parcels does not create any nonconforming setbacks and street side setbacks will continue to apply to the realigned parcels per the Koll Center Planned Community District development regulations. 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 -007, 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 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 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 10TH DAY OFOCTOBER, 2013. 08 -29 -2013 Zoning Administrator Resolution No. ZA2013 -059 Paqe 5 of 5 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. 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. 3. 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 Koll Company Lot Line Adjustment including, but not limited to, Lot Line Adjustment No. LA2013 -007 (PA2013 -141). 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. 08 -29 -2013