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HomeMy WebLinkAboutZA2015-051 - LOT LINE ADJUSTMENT BOUNDARY BEING ADJUSTED - 29 Rue Grand Vallee RESOLUTION NO. ZA2015-051 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2015-002 TO ADJUST THE BOUNDARIES OF PARCELS LOCATED AT 1 BIG CANYON DRIVE AND 29 RUE GRAND VALLEE (PA2015-090) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Big Canyon Country Club, with respect to property located at One Big Canyon Drive and 29 Rue Grand Vallee, and legally described as a portion of Block 55, 56, 92 and 93 of Irvine's Subdivision and Lot 26 of Tract No. 7384, respectively, requesting approval of a lot line adjustment. 2. The applicant proposes to adjust the boundary between two (2) contiguous parcels located in Big Canyon. Land taken from 1 Big Canyon Drive will be reallocated to 29 Rue Grand Vallee. There will be no change in the number of parcels. 3. The property at 1 Big Canyon Drive is the golf course area of the Big Canyon Planned Community (PC 8) Zoning District and the General Plan Land Use Element category is Parks and Recreation (PR). The property at 29 Rue Grand Vallee is located within Low Medium Density Residential Area 13 of the PC 8 Zoning District and the General Plan Land Use Element category is Single-Unit Residential Attached (RS-A). 4. The subject properties are not located within the coastal zone. 5. A public hearing was held 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 property line between two (2) parcels and is for the purpose of accommodating existing pool and wall improvements entirely on 29 Rue Grand Vallee. There will be no change in land use, density, or intensity, and the existing pool, wall, and topography will remain unchanged. Zoning Administrator Resolution No. ZA2015-051 Page 2 of 5 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 existing use of either property affected. The General Plan Land Use Designation Single-Unit Residential Attached (RS-A), which is intended for attached single-unit residential dwelling units, will be maintained for the Rue Grand Valle parcel. The Parks and Recreation designation which applies to active public or private recreational uses including golf courses will be maintained for the Big Canyon Drive parcel. 2. The proposed boundary adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. The Rue Grand Vallee parcel will continue to allow for single-unit development consistent with applicable General Plan Land Use and zoning designation. The proposed Big Canyon Drive parcel will remain a golf course and development will continue to be consistent with limits specified by the General Plan and zoning designation. 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 lot is added to an adjacent lot. 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, 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 property line between two (2) adjacent parcels. 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 proposed boundary adjustment will shift the property line between two (2) adjacent parcels to the south. The number of parcels remain the same as before the lot line adjustment. 03-03-2015 Zoning Administrator Resolution No. ZA2015-051 Page 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 lot width, depth and area than the parcels that existed prior to the lot line adjustment. Facts in Support of Finding: 1. The Rue Grand Vallee property is located within Low Medium Density Residential Area 13 of the Big Canyon Planned Community (PC 8) Zoning District, which is intended to provide for attached single-unit dwellings. The golf course is located in an area of the PC 8 Zoning District which is intended for a golf course. The proposed lot line adjustment will not change the existing use of the parcels affected. 2. The proposed boundary adjustment will shift the property line between parcels to the south, reallocating 427 square feet of land from 1 Big Canyon Drive to 29 Rue Grand Vallee. The resulting boundaries will allow existing pool and wall improvements to be located entirely on the Rue Grand Vallee property. 3. The proposed Rue Grand Vallee parcel will continue to exceed the minimum site area requirement of the Big Canyon Planned Community development regulations. Cluster or attached units in Area 13 are required to provide a minimum lot area of 2,400 square feet for each dwelling unit with an average area of 4,000 square feet provided for all developed areas excluding the golf course area. In this case, the proposed Rue Grand Vallee parcel is compliant in size with an area of 6,349 square feet. 4. The proposed parcels comply with all applicable lot size regulations of the Big Canyon Planned Community Development Plan and will not result in a 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 property line between two (2) adjacent parcels. Legal access to the subject properties from Big Canyon Drive, Jamboree Road, and Rue Grand Vallee are not 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. 03-03-2015 Zoning Administrator Resolution No. ZA2015-051 Page 4 of 5 Facts in Support of Finding: 1 . Vehicular access to the existing properties is taken from Big Canyon Drive, Jamboree Road, and Rue Grand Vallee, and the final configuration will not change. 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 parcels in the PC 8 Zoning District shall continue to apply to the adjusted parcels per the Planned Community Development Plan. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2015-002, 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 27TH DAY OF AUGUST, 2015. By: A re d Wisneski, AI 'P, Zoning Administrator 03-03-2015 Zoning Administrator Resolution No. ZA2015-051 Page 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. Prior to recordation of the lot line adjustment, the applicant shall submit the exhibits to the Public Works Department for final review. 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 the Big Canyon Lot Line Adjustment including, but not limited to, LA2015-002 (PA2015-090). 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