Loading...
HomeMy WebLinkAboutZA2018-098 - LOT LINE ADJUSTMENT - 1604 AND 1610 SOUTH BAY FRONTRESOLUTION NO. ZA2018-098 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2018-001 FOR A LOT LINE ADJUSTMENT LOCATED AT 1604 AND 1610 SOUTH BAY FRONT (PA2018-026) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ritner Group, Inc., with respect to property located at 1604 and 1610 South Bay Front, and legally described as Lots 3 and 4 and the Westerly 20 feet of Lot 5 in Block 2 of Section 5, Balboa Island in the City of Newport Beach (Certificate of Compliance 2013-016), and Lot 6 and the Easterly 10 feet of Lot 5 in Block 2 of Section 5, Balboa Island in the City of Newport Beach (Certificate of Compliance 2013-137), respectively, requesting approval of a lot line adjustment. 2. The applicant requests a lot line adjustment application to adjust the interior boundary by 10 feet between two contiguous parcels. Land taken from 1604 South Bay Front will be added to 1610 South Bay Front. There will be no change in the number of parcels. 3. The subject properties are located within the Balboa Island (R-BI) Zoning District and the General Plan Land Use Element category is Two-Unit Residential (RT). 4. The subject properties are located within the Coastal Zone. The Coastal Land Use Plan category is Two-Unit residential (RT-E). 5. A public hearing was held on August 23, 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 but not limited to minor lot line adjustments not resulting in the creation of any new parcel. The proposed lot line adjustment affects the shared property line between two parcels. There will be no change in land use, density, or intensity. Zoning Administrator Resolution No. ZA2018-098 Page 2 of 6 12-21-17 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 properties at 1604 and 1610 South Bay Front are currently vacant and were previously developed with residential uses. The proposed lot line adjustment will not change the existing General Plan land use and zoning district of either of the two parcels. 2. The proposed lot line adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. Little Balboa Island is primarily developed with single and two-unit developments. Both properties will continue to allow for single-unit and two-unit development consistent with the applicable General Plan Land Use and Zoning designation. The lots will maintain their current Zoning and General Plan designation and the uses will continue to be consistent with these designations. 3. Future development at both lots will continue to be required to comply with all applicable development standards specified by the R-BI (Balboa Island) Zoning Districts. 4. 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 and added to an adjacent lot. The original number of lots will remain unchanged after the adjustment. Zoning Administrator Resolution No. ZA2018-098 Page 3 of 6 12-21-17 5. The lot line adjustment is consistent with the General Plan, and does not negatively impact surrounding land owners, as the adjustment affects interior property lines between two (2) adjacent parcels. The permitted land uses will remain and have not proven to be detrimental to the health, safety, peace, comfort , and general welfare of persons residing or working in the neighborhood. 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. The lot line adjustment will take approximately 850 square feet of land from the 1604 South Bay Front parcel and add to the 1610 South Bay Front parcel. The resulting net areas of the proposed parcels are 5,950 square feet and 4,250 square feet, respectively, which complies with minimum lot area requirements in the R -BI Zoning District. 2. The proposed parcels will not become more nonconforming as to lot width, depth, and area than the parcels that currently exist prior to the lot line adjustment. Minimum lot width for corner lots in the R-BI Zoning District is 60 feet. The existing corner lot at 1610 South Bay Front is 40 feet in width, and is proposed to increase to 50 feet in width, which is less nonconforming than the current condition. The existing lot at 1604 South Bay Front is 80 feet in width, and is proposed to decrease to 70 feet in width, which conforms with the minimum width requirement of 50 feet for interior lots in the R -BI Zoning District. 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. ZA2018-098 Page 4 of 6 12-21-17 Fact in Support of Finding: 1. The proposed lot line adjustment affects the interior property lines between two (2) adjacent parcels. Legal access to the subject properties from South Bay Front and the alley at the rear is 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. Fact in Support of Finding: 1. The final configuration of the parcels involved will not result in the loss of direct vehicular access from the alley at the rear of each parcel. Finding: F. That the final configuration of a reoriented lot does not result in any reduction of t he 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 Coun cil 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 parcels does not result in a requirement for revised setbacks since the lots are not proposed to be reoriented. The setbacks shall continue to apply to the adjusted parcels per the Zoning Code in the same way they applied to the previous parcel configuration. 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. LA2018-001, 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 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. ZA2018-098 Page 5 of 6 12-21-17 PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF AUGUST, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-098 Page 6 of 6 12-21-17 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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 Ritner Group Lot Line Adjustment including, but not limited to, Lot Line Adjustment No. LA2018-001 (PA2018-026). 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.