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HomeMy WebLinkAboutZA2018-065 - LOT LINE ADJUSTMENT FOR A LOT LINE ADJUSTMENT BETWEEN PARCELS - 916 ALMOND PLACE AND 915 ALDER PLACERESOLUTION NO. ZA2018-065 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2018-003 FOR A LOT LINE ADJUSTMENT BETWEEN PARCELS LOCATED AT 916 ALMOND PLACE AND 915 ALDER PLACE (PA2018-047) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by James and Cynthia Florance, with respect to property located at 916 Almond Place and 915 Alder Place, legally described as Lot 12 and Lot 7 of Tract 4705 in the City of Newport Beach, County of Orange, State of California, requesting approval of a lot line adjustment. 2. The applicant proposes to adjust a portion of the rear property line between two contiguous single-family residential lots located at 916 Almond Place and 915 Alder Place and legally described as Lots 12 and 7 of Tract No. 4705. A portion of the rear property line of 916 Almond Place would be moved north 7.13 feet into the rear yard of 915 Alder Place. The property at 916 Almond Place would be increased by approximately 260 square feet and the property at 915 Alder Place would be reduced by approximately 260 square feet. There will be no change in the number of parcels.. 3. The subject sites are designated Single-Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Single-Unit Residential (R-1-6,000) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on May 24, 2018 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 hearing 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 hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 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 lot line adjustment affects the Zoning Administrator Resolution No. ZA2018-065 Page 2 of 6 04-24-18 property line between two (2) parcels and is for the purpose of creating a larger rear yard above the top of slope for 916 Almond Place. The average slope of the two affected parcels is less than 20 percent. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 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 of Single-Unit Residential Detached will be maintained for both lots. 2. The proposed lot line adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. The properties will continue to allow for single-unit development consistent with the applicable General Plan Land Use and Zoning designation. 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 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 Zoning Administrator Resolution No. ZA2018-065 Page 3 of 6 04-24-18 adjustment affects interior property lines between two (2) adjacent parcels. Access to the project site and surrounding properties would remain unchanged. Finding: B. The number of parcels resulting from the lot line adjustment remains the same as before the adjustment. Fact in Support of Finding: 1. The proposed lot line adjustment will adjust the property line between two (2) 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 R-1 6,000 Zoning District, which is intended to provide for detached single-family dwellings. The proposed lot line adjustment will not change the existing use of the two parcels. 2. The proposed lot line adjustment is to move a portion of the rear lot line to accommodate additional top of slope area for 916 Almond Place and allow slope stabilization improvements above their backyard and pool. This will enable the owner of 916 Almond Place to construct a wall and grading solution to prevent down slope failure into their pool. 3. Both parcels will continue to exceed the minimum 6,000 square feet site area requirement of the Zoning development regulations. The proposed parcel at 915 Alder Place will be reduced by approximately 260 square feet and will still meet th e minimum lot size requirement with a resulting area of 8,806.9 square feet . The proposed parcel at 916 Almond Place will maintain the minimum lot size requirement with a new lot area of 20,759 square feet. 4. The proposed parcels comply with all applicable lot size regulations of the R-1 6,000 Zoning District 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 legal access as a result of the lot line adjustment. Zoning Administrator Resolution No. ZA2018-065 Page 4 of 6 04-24-18 Fact in Support of Finding: 1. The proposed lot line adjustment affects the interior rear property lines between two (2) adjacent parcels. Legal access to the two properties will be maintained along Almond Place and Alder Place, thus access to the subject properties will not be 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. Fact in Support of Finding: 1. Vehicular access to the existing properties is from Almond Place and Alder Place, and the final configuration will not change. Finding: F. That the final configuration of a reoriented lot do es 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. Fact 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 R-1 6,000 Zoning District shall continue to apply to the adjusted parcels. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2018-003, 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 or call for review is filed with the Director of Community Development in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. Zoning Administrator Resolution No. ZA2018-065 Page 5 of 6 04-24-18 PASSED, APPROVED, AND ADOPTED THIS 24th DAY OF MAY, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-065 Page 6 of 6 04-24-18 EXHIBIT “A” CONDITIONS OF APPROVAL PLANNING 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 the recordation of the lot line adjustment, the applicant shall submit the exhibits to the Public Works Department for final review. 3. 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. 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 Florance Lot Line Adjustment including, but not limited to, Lot Line Adjustment No. LA2018-003 (PA2018-047). 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.