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HomeMy WebLinkAboutZA2015-027 - LOT LINE ADJUSTMENT - 2616 Bay Shore Dr RESOLUTION NO. ZA2015-027 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2015-001 TO ADJUST THE BOUNDARIES OF PARCELS LOCATED AT 2616 AND 2636 BAY SHORE DRIVE (PA2015-017) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by the Jack and Shanaz Langson Trust, Property Owner, with respect to property located at 2616 and 2636 Bay Shore Drive, and legally described as Lot 4 in Tract 2095, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 58, Page 19 of Miscellaneous Maps, Records of Orange County, California excepting the southwesterly 22.3 feet and, Lot 5 in Tract 2095, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 58, Page 19 of Miscellaneous Maps Records of Orange County, California excepting the southwesterly 22.3 feet respectively, requesting approval of a lot line adjustment. 2. The applicant proposes to shift the interior lot line between contiguous parcels of land, to the east. The boundary adjustment will take land from 2636 Bay Shore Drive (Parcel 2), and add it to 2616 Bay Shore Drive (Parcel 1). The lot line adjustment will increase the area of Parcel 1 from 7,602 square feet to 9,804 square feet. It will reduce the area of Parcel 2 from 7,602 square feet to 5,400 square feet. The minor boundary adjustment will have no impact on access to or use of the affected properties. 3. The subject properties are 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 properties are located within the Coastal Zone. The Coastal Land Use Plan category is Single-Unit Residential Detached (RSD-B). 5. A public hearing was held on May 28, 2015, 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 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act). Zoning Administrator Resolution No. ZA2015-027 Page 2 of 5 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 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 affected, 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 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 (2) adjacent lots where the land taken from one (1) lot is added to an adjacent lot. The original number of lots will remain unchanged after the adjustment. 3. The subdivision 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 (2) 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. 4. Public improvements and infrastructure currently exist within the neighborhood and the lot line adjustment 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. Zoning Administrator Resolution No. ZA2015-027 Page 3 of 5 Facts in Support. of Finding: 1. The proposed lot line adjustment will shift the interior lot line between two (2) adjacent legal lots, taking land from Parcel 2 and adding to Parcel 1. 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 proposed parcels conform with the development pattern in the area which consists of lots with varying widths. The original subdivision of the subject parcels (Tract Map 2095 dated May 7, 1954) and those within the vicinity across Bay Shore Drive (Tract Map 1102 dated October 2, 1945) created lots ranging between 40 feet and 63 feet wide. The width of proposed Parcel 1 (2616 Bay Shore Drive) will be 81.70 feet and proposed Parcel 2 (2636 Bay Shore Drive) will be 45 feet wide. 2. The depth of the resultant parcels will remain the same as the parcels that existed prior to the lot line adjustment. 3. Setbacks applicable to properties in the R-1 Zoning District shall continue to apply to the adjusted parcels in the same way that they applied to the previous parcel configuration. 4. The proposed parcels will comply with all applicable regulations of the Zoning Code and there will be no change in allowed land uses, density, or intensity on the properties. 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. Legal access to the subject properties from Bay Shore Drive 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. Zoning Administrator Resolution No. ZA2015-027 Page 4 of 5 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 either parcel. Vehicular access to both parcels is taken from Bay Shore Drive and the final configuration will not change this. 2. 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 will not result in a requirement for revised setbacks since the lots are not proposed to be reoriented. 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. LA2015-001 (PA2015-017), 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 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 281h DAY OF MAY, 2015. re d Wisneski, Al P, Zoning Administrator Zoning Administrator Resolution No. ZA2015-027 Page 5of5 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. Prior to release for recordation of the lot line adjustment, the applicant shall obtain a building permit to demolish or alter the residential structure on proposed Parcel 2 (2616 Bay Shore Drive). If the building is altered, the structure is required to comply with all applicable Zoning Code Development standards including but not limited to setbacks, floor area limits and building height. In either case, the building permit is required to be finaled prior to recordation of the lot line adjustment. 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 Langson Lot Line Adjustment including, but not limited to, Lot Line Adjustment No. LA2015-001 (PA2015-017). 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. 4. This approval shall expire and become void unless exercised within twenty-four (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.