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HomeMy WebLinkAboutZA2018-120 - LOT LINE ADJUSTMENT TO ADJUST THE BOUNDARIES OF TWO PARCELS - 27 BURNING TREE CIRCLE AND 1 BIG CANYON DRIVERESOLUTION NO. ZA2018-120 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2018-005 TO ADJUST THE BOUNDARIES OF PARCELS LOCATED AT 27 BURNING TREE CIRCLE AND 1 BIG CANYON DRIVE (PA2018-148) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Chris Erwin with respect to property located at 27 Burning Tree Circle and 1 Big Canyon Drive, and legally described as Lot 51 of Tract 7638 and Parcel 2 of Lot Line Adjustment No. LA2016-002 respectively, requesting approval of a lot line adjustment. 2. The applicant proposes to adjust the boundary between two (2) contiguous parcels located in the Big Canyon Planned Community (PC8). Land taken from 1 Big Canyon Drive will be reallocated to 27 Burning Tree Circle. 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 (PC8) Zoning District and the General Plan Land Use Element category is Parks and Recreation (PR). The property at 27 Burning Tree Circle is located within Low Density Residential Area 9 of the PC8 Zoning District and the General Plan Land Use Element category is Single-Unit Residential Detached (RS-D). 4. The subject properties are not located within the coastal zone. 5. A public hearing was held on October 25, 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 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 Zoning Administrator Resolution No. ZA2018-### Page 2 of 6 03-03-2015 property line between two (2) parcels and is for the purpose of accommodating existing residential accessory structures entirely on one parcel, 27 Burning Tree Circle. 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 the 27 Burning Tree Circle parcel. The Parks and Recreation designation will be maintained for the 1 Big Canyon Drive parcel. 2. The proposed lot line adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. The 27 Burning Tree Circle property will continue to allow for single-unit development consistent with the applicable General Plan Land Use and zoning designation. The proposed 1 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 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 neighbo rhood, as the adjustment affects interior property lines between two (2) adjacent parcels. Finding: B. The number of parcels resulting from the lot line adjustment remains the same as before the adjustment. Zoning Administrator Resolution No. ZA2018-### Page 3 of 6 03-03-2015 Facts 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 27 Burning Tree Circle property is located within Low Density Residential Area 9 of the Big Canyon Planned Community (PC8) Zoning District, which is intended to provide for detached single-unit dwellings. The 1 Big Canyon Drive is located in an area of the PC8 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 the subject parcels to the southwest, reallocating approximately 3,118 square feet of land from 1 Big Canyon Drive to 27 Burning Tree Circle. The resulting boundary will allow existing residential accessory structures to be located entirely on the parcel of 27 Burning Tree Circle. 3. The proposed 27 Burning Tree Circle parcel will continue to exceed the minimum site area requirement of the Big Canyon Planned Community development regulations. Lots in Area 9 are required to provide a minimum lot area of 8,000 square feet. In this case, the proposed 27 Burning Tree Circle parcel is compliant in size with an area of 27,509 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 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 lines between two (2) adjacent parcels. Legal access to the subject properties is not affected by the adjustment. Zoning Administrator Resolution No. ZA2018-### Page 4 of 6 03-03-2015 Finding: E. That the final configuration of the parcels involved will not result in the loss of dire ct 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 existing properties is from Big Canyon Drive, Jamboree Road, and Burning Tree Circle, 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 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 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 PC8 Zoning District shall continue to apply to the adjusted parcels per the Planned Community Development. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2018-005, 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. Zoning Administrator Resolution No. ZA2018-### Page 5 of 6 03-03-2015 PASSED, APPROVED, AND ADOPTED THIS 25th DAY OF OCTOBER, 2018. BY: _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-### Page 6 of 6 03-03-2015 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 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 27 Burning Tree Circle and 1 Big Canyon Road Lot Line Adjustment including, but not limited to, Lot Line Adjustment No. LA2018-005 (PA2018-148). 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.