HomeMy WebLinkAbout02_Restoration Hardware Lot Line Adjustment_PA2023-0002CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 30, 2023
Agenda Item No. 2
SUBJECT: Restoration Hardware (PA2023-0002)
▪Lot Line Adjustment
SITE LOCATION: 1101 Newport Center Drive
APPLICANT: Irvine Company Retail Properties
OWNER: The Irvine Company LLC
PLANNER: Oscar Orozco, Assistant Planner
949-644-3219, oorozco@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: CR (Regional Commercial)
•Zoning District: PC56 (North Newport Center Planned Community, Fashion Island
Sub-area)
PROJECT SUMMARY
A request for a lot line adjustment to accommodate the new expanded building footprint
for Restoration Hardware in Fashion Island. The expanded footprint was approved by
Building Permit No. XC2022-1892, issued on February 6, 2023. The approval included
the larger building footprint 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 expanded commercial building.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project 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; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving the Lot Line Adjustment
(Attachment No. ZA 1).
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Restoration Hardware (PA2023-0002)
Zoning Administrator, March 30, 2023
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DISCUSSION
•The subject property is located within the Fashion Island Shopping Center and is
bounded by Newport Center Drive to the west. The area in the vicinity of the project
site is developed with commercial retail uses within Fashion Island.
•Restoration Hardware was approved under Building Permit No. XC2022-1892, issued
on February 6, 2023. The approval included an expanded building 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 expanded commercial
building. Prior to the final of building permits a lot line adjustment must be recorded to
adjust the property line to accommodate the new footprint.
•The nearest access to the commercial tenant is obtained from Newport Center Drive
through a shopping center drive aisle to the south of the site.
•The subject property is located within the PC56 (North Newport Center, Planned
Community Fashion Island Subarea) Zoning District and the adjacent Irvine Company
properties (203 and1109 Newport Center Dr.) are located within the same Zoning
District. The General Plan Land Use designations are also identical, CR (Regional
Commercial). The existing tenant space and adjacent common areas on these sites
are consistent with the Zoning District and General Plan Land Use designation.
•The number of parcels will remain unchanged as a result of the Lot Line Adjustment
and there will be no change in the density or intensity of development. Parcel 7 of LLA
86-399 located at 1101 Newport Center Drive will be expanded by approximately
13,194.92 square feet to accommodate the new expanded building. Parcel 2 of LLA
2009-001 located at 203 Newport Center Drive will be reduced by approximately
11,194.92 square feet. Parcel 3 of LLA 2009-001 located at 1109 Newport Center
Drive will be reduced by approximately 1,916.64 square feet.
•Future development at both lots will continue to be required to comply with all
applicable development standards specified by the PC56 Zoning District.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15305 of the State CEQA (California
Environmental Quality Act) Guidelines under Class 5 (Minor Alterations in Land Use
Limitations). 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 parcel.
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Restoration Hardware (PA2023-0002)
Zoning Administrator, March 30, 2023
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The proposed lot line adjustment affects the shared property line between three parcels
under common ownership and is for the purpose of accomodating the approved
expanded commercial building. There will be no change in land use, density, or intensity.
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.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 10 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
CC/oo
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Lot Line Adjustment No. PA2023-0002 including Exhibits
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2023-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A LOT
LINE ADJUSTMENT LOCATED AT 1101 NEWPORT CENTER
DRIVE (PA2023-0002)
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 Ostrom of Santec Consulting Services, with respect
to the property located at 1101 Newport Center Drive, and legally described as Parcel 7 of
Parcel Map No. 86-399 requesting approval of a lot line adjustment.
2.The applicant proposes a lot line adjustment to accommodate the new expanded building
footprint for Restoration Hardware in Fashion Island. The expanded footprint was
approved by Building Permit No. XC2022-1892, issued on February 6, 2023., The
approval included the larger building footprint 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 expanded commercial 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 March 30, 2023, 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 three (3)
parcels under common ownership and is for the purpose of accommodating the new
expanded building footprint for Restoration Hardware in Fashion Island. There will be
no change in land use, density, or intensity.
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Zoning Administrator Resolution No. ZA2023-###
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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 properties at 1101, 1109, and 203 Newport Center Drive are currently developed
with a commercial buildings and landscaping. The proposed Lot Line Adjustment will not
change the existing General Plan Land Use or Zoning District of the three (3) 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 commercial buildings similar to Restoration Hardware. The use is
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. Commercial uses are
permissible on the expanded parcel under the existing land use designations and zoning
districts.
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 three (3) adjacent lots where land is taken from two (2)
lots and is added to an adjacent lot. The original number of lots will remain unchanged
after the adjustment.
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 three (3) 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.
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Zoning Administrator Resolution No. ZA2023-###
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10-18-21
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 three (3)
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) properties known as 1101, 1109, and 203 Newport Center Drive are
located within the PC56 (North Newport Center, Planned Community Fashion Island
Sub-area) Zoning District, which is intended to permit commercial uses. The adjacent
Irvine Company common areas including the landscaping and parking around the
existing property are 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 13,194.92 square feet of land from Parcel
2 of LLA 2009-001 and Parcel 3 of LLA 2009-001 to Parcel 7 of LLA 86-399. The
purpose of the lot line adjustment is to accommodate the new building footprint for
Restoration Hardware approved by Building Permit No. XC2022-1892.
3.The subject properties are located within the Fashion Island regional mall. The three (3)
parcels with surrounding commercial buildings and landscaping will continue 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.
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Zoning Administrator Resolution No. ZA2023-###
Page 4 of 6
10-18-21
Fact in Support of Finding:
1.The proposed lot line adjustment affects the interior property lines between three (3)
adjacent lots, under common ownership. Legal access to the three (3) 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 commercial building is obtained from Newport Center Drive
through a shopping center drive aisle to the south of the 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.
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Zoning Administrator Resolution No. ZA2023-###
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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 a Lot Line
Adjustment (PA2023-0002) 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 30th DAY OF MARCH, 2023.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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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 Restoration Hardware including, but not limited to, Lot Line Adjustment
(PA2023-0002). 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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Lot Line Adjustment (PA2023-0002)
1101 Newport Center Drive
Subject Property
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Attachment No. ZA 3
Lot Line Adjustment No. PA2023-0002
including Exhibits
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F:\Users\CDD\Shared\Admin\Planning_Division\Applications\LA&LM\Info_LA_LM_Rev_040218.docx Updated 4/04/18
Recording
This Space for Recorder’s Use Only
Requested by and Mail to:
City of Newport Beach
Public Works Dept
Attn: Subdivision
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
Lot Line Adjustment/Lot Merger
Address(es) or Property Involved:
Owner(s) Affidavit
I (We) hereby certify under penalty of perjury that 1) I am (we are) the record owner(s) of all parcels
proposed for adjustment by this application, 2) I (We) have knowledge of and consent to the filing of
this application, 3) the information submitted in connection with this application is true and correct; and
4) I (We) consent to the recordation of these documents.
RECORD OWNERS:
Parcel
NAME:
Signature of parcel owner Signature of parcel owner
Parcel
NAME:
Signature of parcel owner Signature of parcel owner
Parcel
NAME:
Signature of parcel owner Signature of parcel owner
Parcel
NAME:
Signature of parcel owner Signature of parcel owner
NOTE: Each of these signatures must be notarized, using the appropriate Jurat attached and completed by a Notary Public.
Approved for Recording CITY OF NEWPORT BEACH
City Engineer: Date:
1101 Newport Center Drive
THE IRVINE COMPANY LLC, a Delaware limited liability company
Parcels 1, 2 and 3------------
See Attachment "A"See Attachment "A"
See Exhibits "A", "B" and "C" for legals and plats.
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38 TECHNOLOGY DRIVE
IRVINE, CA 92618949.923.6000 stantec.com
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IRVINE, CA 92618949.923.6000 stantec.com20
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IRVINE, CA 92618949.923.6000 stantec.com
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