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HomeMy WebLinkAboutPA2021-302_20220428_Resolution_ZA2022-031Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL April 28, 2022 Irvine Company Retail Properties Attn: Brandon Mucha bmucha@irvinecompany.com Subject: Lot Line Adjustment No. LA2021-001 (PA2021-302) 451, 453 and 455 Newport Center Drive Joey’s Restaurant Dear Mr. Mucha, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on April 28, 2022 and effective on May 9, 2022. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Following the expiration of the appeal period, an approved lot line adjustment or lot merger requires subsequent separate review by the Public Works Department prior to release for recordation with the County of Orange. The applicant is responsible for making this submittal after action on the Planning Permit Application and appeal periods have expired. All applicable fees shall be paid. For more information on what is required, please contact Public Works at 949-644- 3311. Sincerely, MS/msw RESOLUTION NO. ZA2022-031 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING LOT LINE ADJUSTMENT NO. LA2021-001 LOCATED AT 451, 453 AND 455 NEWPORT CENTER DRIVE (PA2021-302), THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Brandon Mucha of Irvine Company Retail Properties, with respect to property located at 451, 453 and 455 Newport Center Drive, and legally described as Parcel 1 of LLA 87-03 OR_87-640346 requesting approval of a lot line adjustment. 2.The applicant proposes a lot line adjustment Joey’s restaurant was recently approved by Minor Use Permit No. UP2021-046 (PA2021-263) to occupy an existing restaurant pad in Fashion Island. The approval included an outdoor dining patio that extends past the existing lot line into the landscaped common area owned by the Irvine Company. A lot line adjustment is required to accommodate the approved outdoor dining patio. The subject property is developed as a three (3)-restaurant pad and the proposed lot line adjustment will also true-up the lot lines around the entire building. 3.The subject property is designated Regional Commercial (CR) by the General Plan Land Use Element and is located within the PC56 (North Newport Center, Fashion Island Sub- Area) Zoning District. 4.The subject property is not located within the coastal zone. 5.A public hearing was held on April 28, 2022, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). 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.The proposed Lot Line Adjustment affects the shared property line between two (2) parcels under common ownership and is for the purpose of creating an accessory outdoor dining patio to match similar amenities provided by other restaurants in the area. There will be no change in land use, density, or intensity. Zoning Administrator Resolution No. ZA2022-031 Page 2 of 6 10-18-21 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 451, 453 and 455 Newport Center Drive is currently developed with a three (3)-restaurant pad building. The adjacent Irvine Company property (461 Newport Center Drive) serves as common landscape area between the restaurant pad and Newport Center Drive. The proposed Lot Line Adjustment will not change the existing General Plan Land Use or Zoning District of the two (2) parcels. 2.The proposed Lot Line Adjustment will not result in a development pattern that is inconsistent with the surrounding commercial area. The Fashion Island mall area is developed with many restaurants that include outdoor dining patios. The restaurant property will continue to accommodate the existing restaurants and the new Joey’s restaurant with the outdoor dining patio. It will also clean-up areas of the existing restaurant structures that extended past the lot lines. The uses are consistent with the applicable General Plan Land Use and Zoning designation. The lots have identical Zoning and General Plan designations of PC56 and CR. 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 PC56 Zoning District. Accessory structures such as the outdoor dining patio are permissible on the expanded parcel under the existing land use designations and zoning districts as approved by Minor Use Permit No. UP2021-046 (PA2021-263). 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 (1) lot and is added to an adjacent lot. The original number of lots will remain unchanged after the adjustment. Zoning Administrator Resolution No. ZA2022-031 Page 3 of 6 10-18-21 5.The Lot Line Adjustment is consistent with the General Plan, and does not negatively impact surrounding landowners, as the adjustment affects interior property lines between two (2) adjacent lots in common ownership. 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 under common ownership. 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 three (3)-pad restaurant property known as 451, 453 and 455 Newport Center Drive is located within the PC56 (North Newport Center, Planned Community. Fashion Island Sub-area) Zoning District, which is intended to permit restaurant uses. The adjacent Irvine Company common areas including the landscaping and parking around the existing three (3)-pad restaurant property is also located within the PC56 Zoning District, with identical zoning and General Plan designation of Regional Commercial (CR). 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 PC56 Zoning districts. 2.The proposed boundary adjustment will change the internal property lines between the subject properties, reallocating approximately 2,890.76 square feet of land from Parcel 1 LLA 2008-004 OR_2009000150477 to Parcel 1 of LLA 87-03. The purpose of the lot line adjustment is to accommodate the recently approved Joey’s outdoor dining patio approved by Minor Use Permit No. UP2021-046 (PA2021-263). Additionally, the lot line adjustment will true-up existing portions of the other two (2) restaurants on-site that extend past the existing lot lines. 3.The subject properties are located within the Fashion Island regional mall. The three (3)- pad restaurant parcel with surrounding landscaping and surface parking lot will continue Zoning Administrator Resolution No. ZA2022-031 Page 4 of 6 10-18-21 to maintain the existing uses and there are no minimum lot area requirements for properties within PC56 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, under common ownership. Legal access to the two (2) properties will be maintained along Newport Center Drive, 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 the restaurant is obtained from Newport Center Drive through a shopping center drive aisle to the south of the pad site and the final configuration will not change. There is no change to access or parking as a result of the lot line adjustment. 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 only required setback along Newport Center Drive of 10 feet will be maintained with the revised lot lines. Zoning Administrator Resolution No. ZA2022-031 Page 5 of 6 10-18-21 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. LA2021-001 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 Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 28th DAY OF APRIL, 2022. Zoning Administrator Resolution No. ZA2022-031 Page 6 of 6 10-18-21 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 Joey’s Restaurant including, but not limited to, Lot Line Adjustment LA2021-001 (PA2021-302). 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.