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HomeMy WebLinkAboutZA2020-022 - APPROVING LOT LINE ADJUSTMENT NO. LA2019-003 FOR A LOT LINE ADJUSTMENT GENERALLY LOCATED AT 408 CARLOTTARESOLUTION NO. ZA2020-022 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. LA2019-003 FOR A LOT LINE ADJUSTMENT GENERALLY LOCATED AT 408 CARLOTTA (PA2019-232) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Dennis Biggs (“Applicant”), with respect to property held in common by the Bluffs Homeowners’ Association (HOA) and private residential property located at 408 Carlotta, and legally described as Lots 14, 11, and 11G of Tract No. 5463, respectively, requesting approval of a lot line adjustment. 2.The Applicant proposes to add approximately 600 square feet of the Bluffs Homeowners Association (HOA) property (Lot 14) to a private residential property at 408 Carlotta (Lot 11). The subject area is located at the entrance to the dwelling and between the dwelling and the garage. There will be no change in the number of lots as a result of this application. 3.The subject property at 408 Carlotta is designated RS-A (Single-Unit Residential Attached) by the General Plan Land Use Element and is located within the R-1 (Single-Unit Residential) Zoning District. The adjacent HOA property is designated OS (Open Space) by the General Plan Land Use Element and is located within the OS (Open Space) Zoning District. 4.The subject property is not located within the coastal zone; therefore, a coastal development permit is not required. 5.A public hearing was held on March 12, 2020, in the Community Room 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, Division 6, 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 Zoning Administrator Resolution No. ZA2020-022 Page 2 of 6 01-25-19 parcel. The proposed lot line adjustment affects the shared property line between two (2) parcels and is for the purpose of creating a larger lot at 408 Carlotta to match the existing lot lines of similar parcels within the Eastbluff Community. There will be no change in land use, density, or intensity. 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 Newport Beach Municipal Code (NBMC) Section 19.76.020 (Procedures for Lot Line Adjustments), 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 property at 408 Carlotta is currently developed with a single-family residence. The adjacent HOA property serves as common area between the dwelling units and includes a greenbelt. The proposed Lot Line Adjustment will not change the existing General Plan Land Use or Zoning District of any of the two parcels. 2. The proposed Lot Line Adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. The Eastbluff Community is developed with attached homes in clusters of two (2) to four (4) units. The common HOA lot provides for building separation between these clusters. The 408 Carlotta property will continue to allow for single-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-1 (Single-Unit Residential) and Open Space (OS) Zoning Districts, respectively. Accessory structures are permissible on the expanded parcel under the existing land use designations and zoning districts. Zoning Administrator Resolution No. ZA2020-022 Page 3 of 6 01-25-19 4. The proposed Lot Line Adjustment is consistent with the purpose identified in NBMC Chapter 19.76 (Lot Line Adjustment). The Lot Line Adjustment constitutes a minor boundary adjustment involving two (2) adjacent lots where land taken from one lot and is added to an adjacent lot. The original number of lots will remain unchanged after the adjustment. The garage will remain on a separate lot (Lot 11G). 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 lots. The existing 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. The garage will remain on a separate lot (Lot 11G). 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 408 Carlotta property (Lot 11) and associated garage (Lot 11G) is located within the R-1 (Single Unit Residential) Zoning District, which is intended to permit attached single-unit dwellings. The HOA property (Lot 14) is located within the OS (Open Space) Zoning District, which is intended to maintain and protect op en space areas. The proposed lot line adjustment will not change the existing use of the parcels affected. Future development at both lots will continue to be required to comply with all applicable development standards specified by the R-1 (Single-Unit Residential) and Open Space (OS) Zoning districts, respectively. 2. The proposed boundary adjustment will change the internal property lines between the subject properties, reallocating approximately 600 square feet of land from Lot 14 to 408 Carlotta (Lot 11). The purpose of the lot line adjustment is to create a larger lot at 408 Carlotta to match the existing lot lines of similar parcels within the Eastbluff Community and to allow for wall and patio improvements at the entry. Zoning Administrator Resolution No. ZA2020-022 Page 4 of 6 01-25-19 3. The subject properties are located within the Eastbluff Community, which was developed as a Planned Residential Development (PRD) in 1965. The proposed 408 Carlotta parcel will continue to maintain the minimum site area requirement of the original PRD, with a proposed lot area of 1,938 square feet. There are no minimum lot area requirements for properties within the OS 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. Fact in Support of Finding: 1. The proposed Lot Line Adjustment affects the interior property lines between two (2) adjacent lots. Legal access to the two (2) properties will be maintained along Carlotta, 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 408 Carlotta is from Carlotta, and the final configuration will not change. Vehicular access to the HOA property, Lot 14, is from Carlotta, Vista Del Oro, and Vista Cajon 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. 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 Zoning District shall continue to apply to the adjusted parcels per the Planned Community Development. Zoning Administrator Resolution No. ZA2020-022 Page 5 of 6 01-25-19 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 Lot Line Adjustment No. LA2019-003, 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 Community Development in accordance with the provisions of NBMC Title 19 Subdivisions. PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF MARCH, 2020. Zoning Administrator Resolution No. ZA2020-022 Page 6 of 6 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 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. 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 Biggs Lot Line Adjustment including, but not limited to, Lot Line Adjustment LA2019-003 (PA2019-232). 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.