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HomeMy WebLinkAboutZA2025-046 - APPROVING LOT LINE ADJUSTMENT NO. LA2025-0036 TO ADJUST THE BOUNDARY BETWEEN TWO CONTIGUOUS PARCELS LOCATED AT 3150 AND 3200 BREAKERS DRIVE (PA2025-0036)RESOLUTION NO. ZA2025-046 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. LA2025-0036 TO ADJUST THE BOUNDARY BETWEEN TWO CONTIGUOUS PARCELS LOCATED AT 3150 AND 3200 BREAKERS DRIVE (PA2025-0036) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Apex Land Surveying, Inc (Applicant) on behalf of the property owners, with respect to properties located at 3150 and 3200 Breakers Drive, and legally described as Lot 10 and Lot 11, respectively, of Tract No. 1026, requesting approval of a Lot Line Adjustment. 2. The Applicant proposes to adjust the interior lot line between two contiguous properties that are developed with single-unit dwellings. Approximately 48 square feet of land will be taken from 3150 Breakers Drive (Parcel 1) and added to the adjacent parcel at 3200 Breakers Drive (Parcel 2). The adjusted lot line will allow for an in-ground spa originally constructed over the interior lot line to be located entirely within Parcel 2. There will be no net change in the number of parcels (Project). 3. The properties are categorized as Single Unit Residential Detached (RS-D) by the General Plan Land Use Element and are located within the Single-Unit Residential (R-1) Zoning District. 4. The properties are located within the Coastal Zone. The properties are categorized as Single Unit Residential Detached (RSD-A) - (0.0 – 5.9 DU/AC) by the Coastal Land Use Plan and are located within the R-1 (Single-Unit Residential) Coastal Zoning District. The Project does not require a Coastal Development Permit, as it does not result in a change to the density or intensity of the properties and is therefore not considered development under the definition of development provided in Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC). 5. The Project was previously approved under PA2015-105, and then subsequently under PA2022-083. Both of these approvals expired due to inactivity. 6. A public hearing was held on July 24, 2025, online via Zoom. A notice of time, place, and purpose of the hearing was given in accordance with the 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 Zoning Administrator Resolution No. ZA2025-046 Page 2 of 6 01-25-19 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 Class 5 exemption applies to projects which are 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, side yard and setback variances not resulting in the creation of any new parcel. The Project will adjust a lot line to accommodate an in-ground spa. The Project will not result in a change in use or density and is consistent with the requirements of the Class 5 exemption. SECTION 3. REQUIRED FINDINGS. In accordance with Section 19.76.020 (Procedures for Lot Line Adjustments) of the NBMC, 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 purpose and intent of Chapter 19.76 (Lot Line Adjustment) of the NBMC is to allow for lot line adjustments. A lot line adjustment is defined as a minor boundary adjustment involving four or fewer adjacent lots or parcels where the land taken from one parcel is added to an adjacent parcel with the original number of parcels remaining unchanged after the adjustment. The Project will modify the interior boundary between two contiguous parcels to take a portion of land that is 4 feet wide by 12 feet long from Parcel 1 and add it to Parcel 2. The adjusted boundary will allow for an on-grade spa originally built over the property line in 1980 to be located entirely within Parcel 2. There will be no change to the overall number of lots. The project is consistent with the definition of a lot line adjustment and the overall purpose and intent of Chapter 19.76 of the NBMC. 2. The Project does not negatively impact surrounding landowners as the adjustment affects a small portion of an interior property line between two contiguous parcels. 3. Public improvements and infrastructure currently exist within the neighborhood and the Project will not result in the need for additional improvements and/or facilities. Finding: B. The number of parcels resulting from the lot line adjustment remains the same as before the adjustment. Zoning Administrator Resolution No. ZA2025-046 Page 3 of 6 01-25-19 Fact in Support of Finding: 1. Fact 1 in support of Finding A is hereby incorporated by reference. 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 Project will adjust a 12-foot-long portion of the interior boundary line between the subject properties. The area of adjustment is located towards the middle of the lots, approximately 57 feet north of the front property line and 73 feet south of the rear property line. The lot depth and overall lot width of the resulting parcels are unaffected by the Project. 2. Setbacks applicable to properties within the R-1 Zoning District shall continue to apply to the adjusted parcels in the same way that they applied to the previous parcel configuration. 3. The subject properties are located within the Bluff (B) Overlay District. NBMC Sections 20.28.040 (Bluff (B) Overlay District) and 21.28.040 (Bluff (B) Overlay District) establish development areas for the purpose of regulating the placement and location of structures. The existing spa is in what both NBMC Section 20.28.040 and 21.28.040 define as Development Area A. Spas and hot tubs are considered accessory structures and accessory structures are allowed in Development A. 4. The resulting parcels will comply with all applicable regulations of Title 20 (Planning and Zoning) of the NBMC and there will be no change in allowed land uses density, or intensity on the properties. Finding: D. Neither the lots as adjusted nor adjoining parcels will be deprived of legal access as a result of the lot line adjustment. Fact in Support of Finding: 1. Legal access to the subject properties is taken from Breakers Drive and will not be affected by the Project. Zoning Administrator Resolution No. ZA2025-046 Page 4 of 6 01-25-19 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 both properties is currently provided from Breakers Drive. The final configuration of the subject properties will not result in the loss of the existing direct vehicular access. 2. There are no alleys located within or near the subject parcels. 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 project will not reorient the lots and no revised or reduced setbacks are required. 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. LA2025-0036, 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 NBMC. Zoning Administrator Resolution No. ZA2025-046 Page 5 of 6 01-25-19 PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF JULY, 2025. Zoning Administrator Resolution No. ZA2025-046 Page 6 of 6 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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 Lot Line Adjustment exhibits to the Public Works Department for final review and approval. All applicable fees shall be paid. 3. This approval shall expire and become void unless exercised within twenty-four (24) months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Section 20.54.060 (Time Limits and Extensions) of the NBMC . 4. To the fullest extent permitted by law, the 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 Breakers Drive including, but not limited to Lot Line Adjustment No. LA2025-0036 (PA2025-0036). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of the City's costs, attorney’s 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.