HomeMy WebLinkAbout04 - 2908 Ocean LLC Lot Line Adjustment - PA2015-127 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT
y PLANNING DIVISION
u $ 100 Civic Center Drive, P.O.Box 1768,Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
c`�LfFOR�,P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 27, 2015
Agenda Item No. 4
SUBJECT: 2908 Ocean LLC Lot Line Adjustment - (PA2015-127)
2908 and 2914 Ocean Boulevard
• Lot Line Adjustment No. LA2015-004
APPLICANT: Nicholson Companies — Nanci Glass
OWNER: 2908 Ocean LLC
PLANNER: Jason Van Patten, Assistant Planner
(949) 644-3234, jvanpatten@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: R-1 (Single-Unit Residential)
• General Plan: RS-D (Single-Unit Residential Detached
PROJECT SUMMARY
A lot line adjustment application to adjust the interior boundary between contiguous
parcels fronting Ocean Boulevard. Land will be taken from 2908 Ocean Boulevard and
reallocated to 2914 Ocean Boulevard. There will be no change in the number of parcels.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Lot Line Adjustment
No. LA2015-004 (Attachment No. ZA 1).
DISCUSSION
The applicant proposes to adjust the interior boundary between contiguous
parcels in the Single-Unit Residential (R-1) Zoning District. The purpose of the
request is to provide two through lots that are consistent in design with abutting
properties, each of which are intended for single-unit dwellings.
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2908 Ocean Boulevard LLC Lot Line Adjustment
Zoning Administrator, August 27, 2015
Page 2
• The General Plan designates the subject properties as Single-Unit Residential
Detached (RS-D), intended for detached single-unit residential dwelling units on
a single legal lot.
• 2908 Ocean Boulevard consists of a portion Lots 4, 5, and 6, Block 35,
Resubdivision of Corona del Mar and was developed as a single-building site
with a single-unit dwelling commonly referred to as the Halliday House. 2914
Ocean Boulevard similarly consists of a portion of the same three lots and was
developed as a single-building site with two detached structures. Certificate of
Compliance No. 2015-100 was previously recorded certifying that both parcels
are compliant with the State Subdivision Map Act.
• The proposed boundary adjustment will reallocate 1,305.06 square feet from
2908 Ocean Boulevard to 2914 Ocean Boulevard. The existing area of 2908
Ocean Boulevard is 0.23 acres (10,049.64 square feet). The proposed lot line
adjustment will reduce the area to 0.201 acres (8,744.58 square feet). The
existing area of 2914 Ocean Boulevard is 0.16 acres (7,032.22 square feet). The
proposed lot line adjustment would increase the area to 0.191 acres (8,337.28
square feet).
• The boundary adjustment will provide vehicular access to 2908 Ocean Boulevard
from Ocean Lane. The existing curb cut on Ocean Boulevard is required to be
closed to provide additional on street parking, consistent with policies in the
General Plan. There will be no impact on access to or use of 2914 Ocean
Boulevard which currently takes vehicular access from Ocean Lane.
• The proposed parcels are not more nonconforming in width than the parcels that
existed prior to the lot line adjustment and are consistent with the original depths.
The original lots in Block 35 of the resubdivision of Corona del Mar measured 30
feet wide and extended the depth of the block. The proposed parcels measure
45.53 and 47.83 feet wide. The proposed parcels also comply with the 5,000-
square-foot minimum site area requirement for interior lots in single-unit
residential zoning districts.
• The number of parcels will remain unchanged as a result of the boundary
adjustment and there will be no change in density.
• As conditioned, the existing structures are required to be demolished or relocated
to comply with applicable setback requirements prior to recordation of the lot line
adjustment.
• The applicant is required to provide a resource assessment and/or analysis from
an architectural historian or historic architect to determine the historical significance
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2908 Ocean Boulevard LLC Lot Line Adjustment
Zoning Administrator, August 27, 2015
Page 3
of the Halliday House. The Halliday House is listed on the City's inventory which
identifies potentially significant resources. The assessment is required prior to the
issuance of a building permit for demolition or alteration.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15305, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 5 (Minor Alterations in Land Use
Limitations). 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 minor lot line adjustments. The proposed
boundary adjustment affects the interior lot line between two properties and there will be
no change in land use or density.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights-of-
way and waterways), including the applicant, and posted on the subject property at least
10 days before the scheduled hearing, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 10 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared bny:
OW—
Ja n Van Patten, Assistant Planner
JM/jvp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Lot Line Adjustment Exhibits
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2015-0##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT LINE
ADJUSTMENT NO. LA2015-004 TO ADJUST THE BOUNDARIES
OF PARCELS LOCATED AT 2908 AND 2914 OCEAN
BOULEVARD (PA2015-127)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Nanci Glass, on behalf of Nicholson Companies, with respect
to property located at 2908 and 2914 Ocean Boulevard, and legally described as portions
of Lots 4, 5, and 6 in Block 35, Resubdivision of Corona del Mar (Certificate of
Compliance No. 2015-100), requesting approval of a lot line adjustment.
2. The applicant proposes to adjust the interior boundary between two (2) contiguous
parcels located along Ocean Boulevard. Land will be taken from 2908 Ocean
Boulevard and reallocated to 2914 Ocean Boulevard. 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 (RSD-B).
5. A public hearing was held on August 27, 2015, 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 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
land use or density, including minor lot line adjustments. The proposed boundary
adjustment affects the interior lot line between two (2) properties and there will be no
change in land use or density.
Zoning Administrator Resolution No. ZA2015-0##
Page 2 of 6
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 boundary adjustment will not change the single-unit residential use of
each property. The General Plan Land Use Designation, Single-Unit Residential
Detached (RS-D), which is intended for detached single-family residential dwelling
units will be maintained for each parcel.
2. The proposed boundary adjustment will not result in a development pattern which is
inconsistent with the surrounding neighborhood. Each of the resulting parcels will
continue to allow for single-unit development, which is consistent with the existing
General Plan Land Use and zoning designations.
3. The proposed boundary 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 land taken from one (1) lot is added to an adjacent lot. The original number of
lot 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, and will not in itself
be detrimental to the health, safety, peace, comfort, and general welfare of persons
residing or working in the neighborhood, because the adjustment affects an interior lot
line between two (2) adjacent lots.
Finding:
B. The number of parcels resulting from the lot line adjustment remains the same as
before the lot line adjustment.
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Zoning Administrator Resolution No. ZA2015-0##
Page 3 of 6
Facts in Support of Finding:
1. The proposed boundary adjustment will shift the interior boundary between two (2)
adjacent lots. 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 boundary adjustment will reallocate 1,305.06 square feet from 2908
Ocean Boulevard to 2914 Ocean Boulevard. The existing area of 2908 Ocean
Boulevard is 0.23 acres (10,049.64 square feet). The proposed lot line adjustment will
reduce the area to 0.201 acres (8,744.58 square feet). The existing area of 2914
Ocean Boulevard is 0.16 acres (7,032.22 square feet). The proposed lot line
adjustment would increase the area to 0.191 acres (8,337.28 square feet).
2. Lots in Block 35 of the original resubdivision of Corona del Mar were 30 feet wide and
extended the depth of the block. The proposed parcels measure 45.53 and 47.83 feet
wide and are consistent with the original depths.
3. The proposed parcels comply with the 5,000-square-foot minimum site area
requirement for interior lots in single-unit residential zoning districts and comply with all
applicable zoning regulations. The proposed parcels are not more nonconforming in lot
width than the parcels that existed prior to the lot line adjustment and those in the
vicinity, 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. The proposed boundary adjustment affects the interior lot line between two (2)
adjacent lots. Legal access to the subject properties will be from Ocean Boulevard and
Ocean Lane.
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Zoning Administrator Resolution No. ZA2015-0##
Page 4of6
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. Vehicular access to the parcels proposed will be taken from Ocean lane at the rear.
The existing curb cut along Ocean Boulevard is required to be closed prior to
recordation of the lot line adjustment in order to provide additional on-street parking
along Ocean Boulevard, consistent with policies in the General Plan.
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 proposed parcels does not result in a requirement for
revised setbacks since the parcels are not proposed to be reoriented. The required
setbacks applicable to lots in the R-1 Zoning District shall continue to apply to the
adjusted lots per the Zoning Code.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line
Adjustment No. LA2015-004, 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 Subdivisions, of the
Newport Beach Municipal Code.
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Zoning Administrator Resolution No. ZA2015-0##
Page 5 of 6
PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF AUGUST, 2015.
By:
Brenda Wisneski, AICP, Zoning Administrator
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Zoning Administrator Resolution No. ZA2015-0##
Page 6 of 6
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 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.
3. Prior to recordation of the lot line adjustment, curb cut access along Ocean Boulevard
shall be closed.
4. Prior to recordation of the lot line adjustment, all existing structures are required to be
demolished or relocated to comply with applicable setback requirements.
5. Prior to recordation of the lot line adjustment, the applicant shall submit the exhibits to the
Public Works Department for final review.
6. Prior to building permit issuance for any demolition or alteration on site, an architectural
historian or historic architect meeting the Secretary of the Interior's Professional
Qualification Standards shall prepare a resource assessment and/or analysis in
accordance with U.S. Secretary of Interior guidelines (which includes drawings,
photographs, and written data) to determine whether the existing structures are of
historical significance.
7. 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 2908 Ocean LLC Lot Line Adjustment including, but
not limited to, LA2015-004 (PA2015-127). 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.
03-03-2015
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Attachment No. ZA 2
Vicinity Map
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disclaim any and all responsibility from or relating to
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_F1 Imagery: 2009-2013 photos provided by Eagle
Feet Imaging www.eagieaerial.com
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Attachment No. ZA 3
Lot Line Adjustment Exhibits
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PA2015-127 Attachment No. ZA 3 - Lot Line Adjustment Exhibits
EXHIBIT "A"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2015 - 004
LEGAL DESCRIPTION
OWNER EXISTING PARCEL PROPOSED PARCELS
AP NUMBER REFERENCE NUMBERS
2908 Ocean, LLC 052-062-15 Parcel 1
2908 Ocean, LLC 052-062-14 Parcel 2
PARCEL 1:
THAT PORTION OF LOTS 5 AND 6 IN BLOCK 35,RESUBDIVISION OF CORONA DEL MAR,
IN THE CITY OF NEWPORT BEACH.COUNTY OF ORANGE,STATE OF CALIFORNIA.AS
SHOWN ON A MAP RECORDED IN BOOK 4,PAGE 67 OF MISCELLANEOUS MAPS,IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 4 12.00 FEET
NORTHWESTERLY OF THE MOST EASTERLY CORNER THEREOF; THENCE NORTH-
WESTERLY ALONG SAID NORTHEASTERLY LINE OF SAID LOTS 4 AND 5,38.99 FEET
P �AOFEYFOO35° 'O 2TO
THE
ON SOUTHWESTERLY UNE OF SAIDSUTHVESST LY LINE
BEING A CURVE CONCAVE NORTHEASTERLY AND HAVNG A RADIUS OF 192.00 FEET,
A RADIAL LINE TO SAID POINT BEARS SOUTH 27039'24"WEST- THENCE NORTHERLY
ALONG THE SOUTHWESTERLY LINE OF SAID LOTS 5 AND 6 T t 05dil A CENTRAL
ANGLE OF 13035'07"AN ARC LENGTH OF 45.53 FEET TO A POINT BEING THE MOST
WESTERLY CORNER OF SAID LOT 6; THENCE NORTH 400 35'2 1"EAST ALONG THE
NORTHERLY LINE OF SAID LOT 6,209.12 FEET TO A POINT BEING THE MOST NORTHERLY
OF LOTS OF
FAND 6 SO1JI7l THENCE
�01 EAASTSOUTHEASTERLY
38��TO THE TRUE POITHE NORTHEASTERLY
T O BERG LINNYINLG E
PARCEL 2:
THAT PORTION OF LOTS 4 AND 5 IN BLOCK 35,RESUBDIVISION OF CORONA DEL MAR,
IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS
SHOWN ON A MAP RECORDED IN BOOK 4,PAGE 67 OF MISCELLANEOUS MAPS,IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 4 12.00 FEET
NORTHWESTERLY OF THE MOST EASTERLY CORNER THEREOF- THENCE
SOUTH 36056'20"WEST 188.28 FEET TO A POINT BEING THE MOST SOUTHERLY
CORNER OF SAID LOT 4,SAID CORNER BEING ON A CURVE CONCAVE NORTHEASTERLY
AND HAVING A RADIUS OF 192.00 FEET,A RADIAL LINE TO SAID POINT BEARS
SAIDTLOTS 4 AND 5 STf tOTUGHCA NORTHERLY
OF 1401623" ARRC LENGTH 47.8LINE
3 FEETF
TO A POINT ON THE SOUTHWESTERLY LINE TOFF SAID LOT 5 A RADIAL LINE TO SAID POINT
TIE NORTHEASTERLY 27STERLY LIFE dF SAID LOTO5RTHENCE SOU HEASTE.RLY�G A�ON
NORTHEASTERLY LINE OF SAID LOTS 4 Ab 5 SOUTH 49°25'01"EAST 38.99 FEET TO
THE POINT OF BEGINNING.
THIS DESCRIPTION HAS BEEN PREPARED BY ME
OR UNDER MY DIRECTION.
No. 24668 M�
PETE J.DUCA R.C.E.24668
MY REGISTRATION EXPIRES 12-31-15
F:\Uu %CDD'SNnEWEmm1Plannln"MaionUpOliuuon,LLA6:MVmo do
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19
PA2015-127 Attachment No. ZA 3 - Lot Line Adjustment Exhibits
EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2015 . 004
(MAP)
OWNER EXISTING PARCEL PROPOSED PARCELS
AP NUMBER REFERENCE NUMBERS
2908 Ocean, LLC 052-062-15 Parcel 1
2908 Ocean, LLC 052-062-14 Parcel 2
LEGEND
PROPOSED NEW LOT LINE `'"�
PER LOT LINE ADIUSTMENr v
EXISTING LOT LINE BEING Q`vv
ADXUSTED
EXISTING LOT LINE —
ORIGINAL LOT LINE PER �I• /
RE-SUB.OF CORONA DEL MAR
CURVE DATA:
Curve Delta An Iq Radius Arc
1 10'37'49' 192.00 35.62
2 14'16'23" 192.00 47.83
3 13'3p'07" 192.00 45.53 �•., 0
4 8.59 40" 192.00 30.14 ,,,•,
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CIV1�
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THIS MAP HAS BEEN PREPARED BY ME
" 80(JLEt C1 O UNDER MY DIRECTION.
A, ,
e Y,6 i)tA-
�.�� 1 � l4{, -1 /
� Z t� l l
PETE J.DUCA1 R.C.E.24668
MY REGISTRATION EXPIRES 12.31-15
F ww %CDDISn•reeNemin PiennrqLDi~nAPPI ubongLLL"LMMrft W>
Updated 821 113
PA2015-127 Attachment No. ZA 3 - Lot Line Adjustment Exhibits
EXHIBIT "C"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 201.5 . 004
(SITE PLAN)
OWNER EXISTING PARCEL PROPOSED PARCELS
AP NUMBER REFERENCE NUMBERS
2908 Ocean, LLC 052-062-15 Parcel 1
2908 Ocean, LLC 052-062-14 Parcel 2
PROPOSED NEW
LZrPER LOT LINE ADJUSTMENT
EMSTININGT LINE BEINGADJUSTED
EXISTING LOT LINE
ORIGINAL LOT INE PER v'
. CORONA DEL MAR
CURVEDATA: �r
CURVE DATA:
Curve Delta Angle Radius Arc
1 10'37'48" 192.00 35.62 >,. 'i• • s ( Q
2 14'16'23" 192.0047.83 '%• ' \_
3 13'35'07" 192.00 45.53 *4
e 8'59'40" 192.00 30.14441,
F•, .�,' vV
O6. ,
7
S t �
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4D /• / /
001e 10 b
As
_ - }y 1 Q�
O ��
Ce
/ THIS MAP HASE
n aou CS OR UNDER MY D ECTIO 0
' PETE J.DUICA R.C.E.24668
MY REGISTRATION EXPIRES I2-31-15
F\U"M%ODDtSha eo miMGbnmro Di as n\Appitr tsonsLL &Lmmntn 000x
Updated&21;13
�2
Item No.4a:Additional Materials Received Staff
Zoning Administrator-August 27,2015
2905 Ocean LLC Lot Line Adjustment(PA2015-127)
Zoning Administrator Resolution No. ZA2015-0##
Page 6 of 6
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 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.
3. Prior to recordation of the lot line adjustment, curb cut access along Ocean Boulevard
shall be closed.
4. Prior to recordation of the lot line adjustment, all existing structures are required to be
demolished or relocated to comply with applicable setback requirements.
5. Prior to recordation of the lot line adjustment, the applicant shall submit the exhibits to the
Public Works Department for final review.
6. Prior to building permit issuance for any demolition or alteration on site, as arc-hitestI I al
h'ste;;aa el: hiSte:, .,.h'teG+ etiR , the—Secreta.. of the IRterier's—P s„
�.�ssie,,a.
photographs Rd FitteR data) to determine ahnthnr thn existing con int ires are of
histe;;Gal GigRifiGaRGG. photographs documenting the inventoried historic structure shall
be provided in compliance with Coastal Land Use Plan Policy 4.5.2-1.
7. 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 2908 Ocean LLC Lot Line Adjustment including, but
not limited to, LA2015-004 (PA2015-127). 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.
03-03-2015