No preview available
HomeMy WebLinkAboutZA2024-063 - APPROVING LOT LINE ADJUSTMENT TO ADJUST THE BOUNDARIES OF PARCELS LOCATED AT 700 AND 714 SAINT JAMES ROAD (PA2024-0148)RESOLUTION NO. ZA2024-063 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT TO ADJUST THE BOUNDARIES OF PARCELS LOCATED AT 700 AND 714 SAINT JAMES ROAD (PA2024-0148) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Amber Miedema, on behalf of Akis Vourakis and Adrian Callas (Owners), with respect to the property located at 700 Saint James Road and 714 Saint James Road (Properties), and legally described as Lot 40 and Lot 39 of Tract No. 1218 requesting approval of a lot line adjustment. 2. The Applicant proposes a lot line adjustment to adjust the shared interior property line between the two contiguous parcels. The lot line adjustment will result in approximately 1,900 square feet being reallocated from 700 Saint James Road to 714 Saint James Road. There will be no change in the number of parcels (Project). 3. The Properties are designated by the General Plan Land Use Element as Single Unit Residential Detached (RS-D) and located within the Single-Unit Residential (R-1) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 27, 2024, 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). 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) under 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%, which do not result in any changes in land use or density, including minor lot line adjustments. The proposed boundary adjustment affects the property line between two parcels, which will result in a larger lot area for 714 Saint James Road. Zoning Administrator Resolution No. ZA2024-063 Page 2 of 6 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. By 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 the title Facts in Support of Finding: 1. The Properties are currently developed as single-unit residences. The proposed lot line adjustment will not change the existing use of either property, nor will it affect the General Plan Land Use and Zoning District categories for each parcel. 2. The proposed lot line adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. Both 700 Saint James Road and 714 Saint James Road will continue to allow for single-unit residences consistent with the applicable General Plan Land Use and zoning designation. 3. The Project is consistent with the purpose identified in NBMC Chapter 19.76 (Lot Line Adjustments). The lot line adjustment constitutes a minor boundary adjustment involving two adjacent lots where land is taken from one lot and is reallocated to an adjacent lot. The original number of lots will remain unchanged after the adjustment. 4. The Project is consistent with the General Plan, does not negatively impact surrounding landowners, 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 interior property lines between two adjacent parcels. Zoning Administrator Resolution No. ZA2024-063 Page 3 of 6 Finding: B. The number of parcels resulting from the lot line adjustment remains the same as before the adjustment. Fact in Support of Finding: The Project will adjust the interior property line between the two contiguous parcels. 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. Both 700 Saint James Road and 714 Saint James Road are located within the R- 1 Zoning District, which is intended to provide for detached single-unit dwellings. The proposed lot line adjustment will not change the existing use of the parcels affected. Future development on both lots will continue to be required to comply with all applicable development standards specified in Title 20, Chapter 20.18 (Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD). 2. The proposed boundary adjustment will change the interior property line between the Properties, reallocating approximately 1,900 square feet of land from 700 Saint James Road to 714 Saint James Road. As a result of the adjustment, 714 Saint James Road will have an increased floor area limit due to the increase in lot size. 3. The Properties will continue to meet the minimum lot width standard of the Zoning Code, which requires 60 feet for corner lots (700 Saint James Road) and 50 feet for interior lots (714 Saint James Road). Lot width is defined in the Zoning Code as the horizontal distance between the side lot lines, measured at right angles to the line that defines the lot depth at a point midway between the front and rear lines. The existing lot width of 700 Saint James Road is approximately 106 feet, while 714 Saint James Road’s lot width is approximately 115 feet. As a result of the lot line adjustment, the proposed lot width of 700 Saint James Road will be approximately 89 feet, while 714 Saint James Road’s proposed lot width will be approximately 133 feet, which is compliant with the zoning development standards. 4. Both lots will continue to exceed the minimum site area requirements of the Zoning Code. Corner lots in the R-1 Zoning District are required to provide a minimum lot area of 6,000 square feet, while interior lots are required to provide a minimum lot Zoning Administrator Resolution No. ZA2024-063 Page 4 of 6 area of 5,000 square feet. In this case, the lot area for 700 Saint James Road decreases from 9,137 square feet to 7,266, while the lot area for 714 Saint Road increases from 8,742 square feet to 10,614 square feet. 5. The proposed lot line adjustment will not result in a change in allowed land uses, density, or intensity on the properties. 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: The Project affects the interior property lines between two adjacent parcels. Legal access to the Properties is not affected by the adjustment, as both Properties will continue to provide access through Saint James Road. 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: Vehicular access to the existing properties is from Saint James Road. 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. 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 parcels in the R-1 Zoning District shall continue to apply to the adjusted parcels per the Zoning Code. Zoning Administrator Resolution No. ZA2024-063 Page 5 of 6 2. There is no proposed zone change as a part of the Project. 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. The exceptions to this categorical exemption under Section 15300.2 are not applicable. 2. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment (PA2024-0148), subject to the conditions outlined 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 the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF NOVEMBER 2024. Zoning Administrator Resolution No. ZA2024-063 Page 6 of 6 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. Prior to final inspection of the building permit, the Lot Line Adjustment shall be recorded. 4. 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 Callas Lot Line Adjustment, but not limited to, Lot Line Adjustment No. PA2024-0148. 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.