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HomeMy WebLinkAboutZA2015-011 - LOT LINE ADJUSTMENT BOUNDARIES OF PARCELS -10 Big Canyon RESOLUTION NO. ZA2015-011 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2014-003 TO ADJUST THE BOUNDARIES OF PARCELS LOCATED AT 10 BIG CANYON DRIVE AND 11 RUE BIARRITZ (PA2014-222) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Big Canyon Country Club, with respect to property located at 10 Big Canyon Drive and 11 Rue Biarritz, and legally described as Parcel 1 of Parcel Map No. 2008-111 and Lot 21 of Tract No. 780, respectively, requesting approval of a lot line adjustment. 2. The applicant proposes to adjust the boundary between two contiguous parcels located in Big Canyon. Land taken from 10 Big Canyon Drive will be added to 11 Rue Biarritz. There will be no change in the number of parcels, and will not result in a change to the allowed density. 3. The property at 10 Big Canyon Drive is located within Low Density Residential Area 9A of the Big Canyon Planned Community(PC 8)Zoning District and the General Plan Land Use Element category is Single-Unit Residential Detached (RS-D). The property at 11 Rue Biarritz is located within Low Medium Density Residential Area 7 of the PC 8 Zoning District and the General Plan Land Use Element category is Single-Unit Residential Attached (RS-A). 4. The subject properties are not located within the coastal zone. 5. A public hearing was held on March 12, 2015, in the Corona del Mar Conference Room (Bay E-1 st 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 QUALITYACT DETERMINATION. 1. The project has been reviewed, and qualifies for a Class 5 (Minor Alterations in Land Use Limitations) categorical exemption pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act). 2. The Class 1 exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion Zoning Administrator Resolution No. ZA2015-011 Page 2 of 6 of use. The proposed boundary adjustment affects the interior lot line between two properties and is for the purpose of accommodating existing deck improvements entirely on 11 Rue Biarritz. There will be no change to the existing dwelling, deck improvements, or topography. 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 this title. Facts in Support of Finding: 1. The proposed boundary adjustment will not change the single-unit residential use of each property. The General Plan Land Use Designations, Single-Unit Residential Detached (RS-D), which is intended for detached single-family residential dwelling units, and Single-Unit Residential Attached (RS-A), which is intended for attached single-unit residential dwelling units, will be maintained for each respective parcel. 2. The proposed boundary adjustment will not result in a development pattern which is inconsistent with the surrounding neighborhood. Each of the resulting parcels will continue to allow for single-unit development, which is consistent with the existing General Plan Land Use and zoning designations. 3. The proposed boundary adjustment is consistent with the purpose identified in Chapter 19.76 (Lot Line Adjustments) of the Newport Beach Municipal Code. The lot line adjustment constitutes a minor boundary adjustment involving two 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 affect open space areas in the City, 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, because the adjustment affects an interior lot fine between two adjacent lots. 07-22-2014 Zoning Administrator Resolution No. ZA2015-011 Page 3 of 6 Finding: B. The number of parcels resulting from the lot line adjustment remains the same as before the lot line adjustment. Facts in Support of Finding: 1. The proposed boundary adjustment will shift the interior lot line between two adjacent lots to the west. No additional lots will result from the adjustment and the number 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. Parcel 1 of Parcel Map No. 2008-111 (10 Big Canyon Drive) and Lot 21 of Tract No. 7801 (11 Rue Biarritz) are located within Low Density Residential Site 9A and Low Medium Density Residential Site 7, respectively, which are intended primarily to provide for single-unit dwellings. The proposed lot line adjustment will not change the intended use of the lots affected. 2. The proposed boundary adjustment will reallocate 562 square feet of land from Parcel 1 of Parcel Map No. 2008-111 (10 Big Canyon Drive) to Lot 21 of Tract No. 7801 (11 Rue Biarritz). The resulting net area would be 81,405 square feet for the proposed Parcel 1 and 7,933 square feet for the proposed Parcel 2. 3. Properties in Site 9A (10 Big Canyon Drive) of the PC 8 Zoning District are required to provide a minimum lot area of 8,000 square feet for each dwelling unit. Cluster or attached units in Site 7 (11 Rue Biarritz) of the PC 8 Zoning District are required to provide a minimum lot area of 2,400 square feet for each dwelling unit with an average area of 4,000 square feet provided for all developed areas. In this case, the proposed Parcel 1 (10 Big Canyon Drive) is compliant in size with an area of 81,405 square feet and the proposed Parcel 2 (11 Rue Biarritz) is compliant in size with an area of 7,933 square feet. 4. The proposed parcels comply with all applicable regulations of the Big Canyon Planned Community Development Plan, are not more nonconforming as to lot width, depth and area than the parcel that existed prior to the lot line adjustment, and will not result in a change in allowed land uses, density, or intensity on the properties. 07-22-2014 Zoning Administrator Resolution No. ZA2015-011 Page 4 of 6 Finding: D. Neither the lots as adjusted nor adjoining parcels will be deprived of legal access as a result of the lot line adjustment. Facts in Support of Finding: 1. The proposed boundary adjustment affects the interior lot line between two adjacent lots. Legal access to the subject properties from Big Canyon Drive and Rue Biarritz are 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. Facts in Support of Finding: 1. Vehicular access to the existing properties is taken from Big Canyon Drive and Rue Biarritz 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 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 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 lots in the PC 8 Zoning District shall continue to apply to the adjusted lots per the Planned Community Development Plan. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2014-003, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 07-22-2014 Zoning Administrator Resolution No. ZA2015-011 _ Page 5 of 6 2. This action shall become final and effective 10 days after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF MARCH, 2015. By: A re d Wisneski, AI R, Zoning Administrator 07-22-2014 Zoning Administrator Resolution No. ZA2015-011 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. 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. 3. 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 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 Big Canyon Lot Line Adjustment including, but not limited to, Lot Line Adjustment No. LA2014-003 (PA2014-222). 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 the City's costs, attorneys' 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. 07-22-2014