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HomeMy WebLinkAboutZA2016-011 - LOT LINE ADJUSTMENT BETWEEN TWO EXISTING LOTS - 4302 Ford Rd RESOLUTION NO. ZA2016-011 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2016-001 TO ADJUST THE BOUNDARIES OF PARCELS LOCATED AT 4302 FORD ROAD AND THE UNADDRESSED ADJACENT PROPERTY TO THE WEST (PA2016-011) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Pacific Bell Telephone Company, a California Corporation, with respect to property located at 4302 Ford Road and the unaddressed adjacent property to the west (Lot B), and legally described as parcel 2 and parcel 1, respectively, of a parcel map, in the City of Newport Beach, County of Orange, State of California, said map being filed in Book 65 Page 4 of Parcel Maps, records of said county, requesting approval of a lot line adjustment. 2. The applicant proposes to adjust the interior lot line between two (2) contiguous parcels located at 4302 Ford Road. Land taken from Lot B will be reallocated to 4302 Ford Road. There will be no change in the number of parcels. 3. The subject properties are located within the Public Facilities (PF) Zoning District and the General Plan Land Use Element category is Public Facilities (PF). 4. The subject properties are not located within the coastal zone. 5. A public hearing was held on March 24, 2016, 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. This project has been determined to be categorically exempt 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) under Class 5 (Minor Alterations in Land Use Limitations) of the Guidelines for CEQA. 2. This 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 an existing parking lot entirely on one parcel, 4302 Ford Road. Zoning Administrator Resolution No. ZA2016-011 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 the title. Facts in Support of Finding: 1. The proposed lot line adjustment will not change the existing use of either property. The General Plan Land Use Designation, Public Facilities (PF), will be maintained for both parcels. 2. The proposed lot line adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. There is no additional development currently proposed for either property, and both properties will maintain their current zoning of Public Facilities (PF) and General Plan Land Use Designation of Public Facilities (PF). 3. The proposed lot line adjustment is consistent with the purpose identified in Chapter 19.76 (Lot Line Adjustment) 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, as 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 adjustment. 03-03-2015 Zoning Administrator Resolution No. ZA2016-011 Page 3 of 5 Facts in Support of Finding: 1. The proposed lot line adjustment will adjust the property line between two contiguous parcels. The number of parcels 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. Both properties are located within the Public Facilities Zoning District, which is intended to provide for areas appropriate for public facilities, including community centers, cultural institutions, government facilities, libraries, public hospitals, public utilities, and public schools. The proposed lot line adjustment will not change the existing use of the parcels affected. 2. The proposed boundary adjustment will change the internal property line between the subject properties, reallocating 13,849 square feet of land from Lot B to 4302 Ford Road. The resulting boundaries will allow an existing parking lot to be located entirely on the parcel of 4302 Ford Road. 3. There are no minimum lot width or area requirements for properties within the Public Facilities Zoning District. The proposed lot line adjustment does not result in a change in allowed land use, density, or intensity on the properties. Finding: D. Neither the lots as adjusted nor adjoining parcels will be deprived legal access as a result of the lot line adjustment. Facts in Support of Finding: 1. The proposed lot line adjustment affects the interior property line between two (2) adjacent parcels. Legal access to the subject properties from Ford Road is not affected by the 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: 03-03-2015 Zoning Administrator Resolution No. ZA2016-011 Page 4 of 5 1. Vehicular access to the existing property at 4302 Ford Road is accessed from Ford Road and the final configuration will not change. There is no developed vehicular access to Lot B. 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 site 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 site setbacks for the reoriented lot. The Planning Commission and City Council in approving the zone change application shall determine that the street site 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 adjusted 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 PF zone are determined by use permit and shall continue to be determined as such. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2016-001, 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 following the date this Resolution was adopted unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 19 (Subdivisions) of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 24th DAY OF MARCH, 2016. BY: Patrick J. Alford, Zoning Administrator 03-03-2015 Zoning Administrator Resolution No. ZA2016-011 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. The 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 19 (Subdivisions) of the Newport Beach Municipal Code. 3. Prior to recordation of the lot line adiustment, 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 4302 Ford Road Lot Line Adjustment including, but not limited to, LA2016-001 (PA2016-011). 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