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HomeMy WebLinkAboutZA2022-079 - APPROVING A LOT LINE ADJUSTMENT TO ADJUST THE BOUNDARY BETWEEN TWO (2)- CONTIGUOUS PARCELS LOCATED AT 1514 AND 1516 WEST BALBOA BOULEVARD (PA2022-0217)RESOLUTION NO. ZA2022-079 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LOT LINE ADJUSTMENT TO ADJUST THE BOUNDARY BETWEEN TWO (2)- CONTIGUOUS PARCELS LOCATED AT 1514 AND 1516 WEST BALBOA BOULEVARD (PA2022-0217) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by The City of Newport Beach and Orange County Sanitation District (Applicants), with respect to properties located at 1514 and 1516 West Balboa Boulevard, and legally described as Lot 8 and Lot 9, Block 115, of Tract No. 234, requesting approval of a lot line adjustment. 2. The Applicants propose to adjust the shared lot line between two (2) contiguous properties. Approximately 1,042 square feet of land will be taken from 1516 West Balboa Boulevard (owned by the City of Newport Beach) and added to the adjacent parcel at 1514 West Balboa Boulevard (owned by the Orange County Sanitation District). There will be no change in the number of parcels and no development is currently proposed. 3. Parcel 1 (1514 West Balboa Boulevard) is zoned Park Facilities (PF) and Parcel 2 (1516 West Balboa Boulevard) is zoned Marina Park (PC51) and both parcels are designated as Public Facilities (PF) by the Land Use Element of the General Plan. 4. The properties are located within the Coastal Zone. The properties are categorized as Public Facilities (PF) by the Coastal Land Use Plan and are located within the Public Facilities (PF) and Marina Park (PC51) Coastal Zoning Districts. The proposed project does not require a Coastal Development Permit, as the Lot Line Adjustment does not result in a change to the density or intensity of the properties and is not considered development under the definition of development provided in Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC). 5. A public hearing was held on December 15, 2022, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Written and oral evidence 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, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2022-079 Page 2 of 6 2. The Class 5 exemption applies to projects which are 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, side yard and setback variances not resulting in the creation of any new parcel. The Lot Line Adjustment will not result in a change in use or density and is consistent with the requirements of the Class 5 exemption. 3. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemption. 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 NBMC, 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 purpose and intent of Chapter 19.76 (Lot Line Adjustment) of the NBMC is to allow for lot line adjustments. A lot line adjustment is defined as a minor boundary adjustment involving four (4) or fewer adjacent lots or parcels where the land taken from one (1) parcel is added to an adjacent parcel with the original number of parcels remaining unchanged after the adjustment. The proposed project will modify the interior boundary between two (2) contiguous parcels to take a portion of land that is approximately 1,042 square feet from Parcel 1 and add it to Parcel 2. The adjusted boundary will allow for the enhancement of pump station operations for the Orange County Sanitation District. There will be no change to the overall number of lots and the project is consistent with the definition of a lot line adjustment and the overall purpose and intent of Chapter 19.76 (Lot Line Adjustment). 2. The project 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. There will be no impact on surrounding neighbors. Zoning Administrator Resolution No. ZA2022-079 Page 3 of 6 3. Public improvements and infrastructure currently exist within the neighborhood and the lot line adjustment will not result in the need for additional improvements and/or facilities. 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 interior property line between two (2) adjacent parcels. The number of parcels remains the same as there will be two (2) parcels before and after 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 properties are located within the Park Facilities (PF) and Marina Park (PC51) Zoning Districts. The applicable zoning designations do not include minimum lot width, depth, or area requirements. Therefore, the proposed lot line adjustment will not result in the creation of a lot that is nonconforming as to lot width, depth, or area. The proposed lot line adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. 2. The resulting parcels will comply with all applicable regulations of Title 20 (Planning and Zoning) of the NBMC and there will be no 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. Fact in Support of Finding: 1. The proposed lot line adjustment affects the interior property lines between two (2) adjacent parcels that both abut West Balboa Boulevard. Legal access to Parcel 1 is not affected by the adjustment and is available along West Balboa Boulevard. Legal access to Parcel 2 is not affected by the adjustment and is available along an improved twenty (20)-foot-wide alley at the rear of the property. Zoning Administrator Resolution No. ZA2022-079 Page 4 of 6 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 Parcel 1 is not affected by the adjustment and is available via a driveway on West Balboa Boulevard. Vehicular access to Parcel 2 is not affected by the adjustment and is available along an improved twenty (20) foot alley at the rear of the property. The final configuration of the subject properties will not result in the loss of the existing direct vehicular access. 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 consistent and compatible with the surrounding pattern of development and existing adjacent setbacks. Fact in Support of Finding: 1. The proposed lot line adjustment does not involve the reorientation of any lots. The final configuration of the proposed parcels does not involve the reduction of any street-side setbacks and does not result in a requirement for revised setbacks since the parcels are not proposed to be reoriented. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Lot Line Adjustment (PA2022-0217), subject to the conditions set forth in Exhibit “A”, which is attached hereto and incorporated by reference. 3. 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 Zoning Administrator Resolution No. ZA2022-079 Page 5 of 6 Community Development in accordance with the provisions of Title 19 (Subdivisions), of the NBMC. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF DECEMBER, 2022. Zoning Administrator Resolution No. ZA2022-079 Page 6 of 6 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. Prior to the Recordation of the Lot Line Adjustment, the Applicant shall submit the Lot Line Adjustment exhibits to the Public Works Department for final review and approval. All applicable fees shall be paid. 3. At the close of escrow, the Lot Line Adjustment shall be recorded. The lot line shall not be recorded prior to the close of escrow. The Applicant shall coordinate with the Public Works Department and the Escrow Holder (Fidelity National Title, Escrow number: 30080784) regarding the recordation of the Lot Line Adjustment. 4. This approval shall expire and become void unless exercised within twenty-four (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. 5. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 City of Newport Beach and Orange County Sanitation District including, but not limited to Lot Line Adjustment (PA2022-0217). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s 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 the City's costs, attorney’s fees, and damages which the 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.