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HomeMy WebLinkAboutZA2026-002 - APPROVING A LOT LINE ADJUSTMENT TO ADJUST THE BOUNDARY BETWEEN TWO CONTIGUOUS PARCELS LOCATED AT 4343 AND 4341 MACARTHUR BOULEVARD (PA2025-0182)RESOLUTION NO. ZA2026-002 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LOT LINE ADJUSTMENT TO ADJUST THE BOUNDARY BETWEEN TWO CONTIGUOUS PARCELS LOCATED AT 4343 AND 4341 MACARTHUR BOULEVARD (PA2025-0182) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Sanderson J. Ray Development (Applicant) on behalf of Sanderson J. Ray Macarthur, LLC (Owner), with respect to the properties located at 4343 and 4341 MacArthur Boulevard, and legally described as Parcel 1 and 2, respectively, of Parcel Map No. 95-172, as per map filed in Book 292, Pages 18 and 19 of Parcel Maps, records of Orange County, California (Properties). 2. The Applicant proposes to adjust the interior lot line between two contiguous parcels owned in common and developed with commercial buildings and surface parking lots. Approximately 1,690 square feet of land will be transferred from the southern portion of 4343 MacArthur Boulevard (Parcel 1) and added to 4341 MacArthur Boulevard (Parcel 2) and approximately 350 square feet will be transferred from the northwestern portion of Parcel 2 and added to Parcel 1, resulting in a net increase of approximately 1,340 square feet to Parcel 2. The adjusted lot line will allow for parking spaces originally constructed partially over the property line to be located entirely within Parcel 2. There will be no change in the number of parcels (Project). 3. The Properties are categorized as Mixed-Use Horizontal (MU-H2) by the General Plan Land Use Element and are located within the General Commercial Site 5 subarea of the Newport Place Planned Community (PC 11) Zoning District. The properties are also located within the Airport Area Environs Area (HO-1) subarea of the Housing Opportunity (HO) Overlay Zoning District. 4. The Properties are not located within the Coastal Zone. 5. A public hearing was held on January 15, 2026, 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. Zoning Administrator Resolution No. ZA2026-002 Page 2 of 6 01-25-19 2. The Class 5 exemption applies to projects that propose minor alterations in land use limitations on properties with an average slope of less than 20% and that do not result in any change to land use or density. Examples include minor lot line adjustments, and side yard and setback variances not resulting in the creation of any new parcels. The Project proposes a minor lot line adjustment to accommodate existing parking spaces originally constructed over the property line. The Project will not result in a change in use or density. Therefore, the Class 5 exemption is applicable. 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. In accordance with Section 19.76.020(I) (Procedures for Lot Line Adjustments – Required Findings) 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 transferred from one parcel is added to an adjacent parcel with the original number of parcels remaining unchanged after the adjustment. The Project will adjust the interior lot line between two contiguous parcels to transfer a portion of land from Parcel 1 that is between 3 and 12 feet wide and approximately 300 feet in length and add it to Parcel 2 and transfer portion of land from Parcel 2 approximately 6 feet in width and 60 feet in length and add it to Parcel 1. The adjusted boundary will allow for parking spaces originally constructed partially over the property line to be located entirely within Parcel 2. There will be no change to the overall number of lots or the number of onsite parking spaces. 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. Zoning Administrator Resolution No. ZA2026-002 Page 3 of 6 01-25-19 2. The Project does not negatively impact surrounding landowners as the adjustment affects a relatively small portion of an interior property line between two contiguous parcels. 3. Public improvements and infrastructure currently exist within the vicinity 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. 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. Fact in Support of Finding: 1. PC 11 requires a minimum lot size of 30,000 square feet and does not establish minimum standards for lot width or depth. Parcel 1 will be reduced to approximately 64,102 square feet in lot area, and Parcel 2 will be increased to approximately 42,442 square feet. Both parcels will continue to meet the minimum lot size requirement. 2. Section 20.70 (Definitions), of the NBMC defines a “site” as a lot or adjoining lots under single ownership or single control, considered as a unit for the purposes of development or other use. The Properties are both owned by the Owner and therefore the entire shopping center is considered one site. The overall number of parking spaces within the shopping center will remain unchanged. 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 Properties is taken from Corinthian Way via a shared driveway and will not be affected by the Project. Legal access to the adjacent property located at 4545 MacArthur Boulevard is taken from Birch Street and a separate driveway along Corinthian Way which will also not be affected by the Project. Zoning Administrator Resolution No. ZA2026-002 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 Corinthian Way via a shared driveway. The final configuration of the Properties will not result in the loss of the existing direct vehicular access. 2. There are no alleys on or near the Properties. 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 parcels. The setbacks currently applicable to the parcels shall continue to apply to the adjusted parcels and will not result in any nonconformities. 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 the Lot Line Adjustment filed as PA2025-0182, 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. ZA2026-002 Page 5 of 6 01-25-19 PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF JANUARY 2026. Zoning Administrator Resolution No. ZA2026-002 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 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 MacArthur, LLC including, but not limited to Lot Line Adjustment filed as PA2025-0182. 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.