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HomeMy WebLinkAbout01_Moiso Lot Line Adjustmnet_PA2017-010 �evEW�'Qr @t^y COMMUNITY DEVELOPMENT DEPARTMENT U 2 PLANNING DIVISION 100 Civic Center Drive,P.O. Box 1768,Newport Beach, CA 92658-8915 CgG�pOtcta�P 949-644-3200 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT April 13, 2017 Agenda Item No. 1 SUBJECT: Moiso Lot Line Adjustment (PA2017-010) SITE LOCATION: 25 and 27 Inverness Lane Lot Line Adjustment No. LA2017-001 APPLICANT: Anthony Moiso OWNER: Anthony Moiso PLANNER: Liz Westmoreland, Assistant Planner (949) 644-3234, Iwestmoreland@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: PC8— Big Canyon (Low Density Residential —Area 9) • General Plan: RS-D Single-unit Residential Detached PROJECT SUMMARY Application for a lot line adjustment on Lots 72 and 73 of Tract No. 7638 in the Big Canyon Planned Community. The western lot line of Lot 73 would be moved to the west 13 feet. The property at 25 Inverness Lane would be reduced to 8,354 square feet and the property at 27 Inverness Lane would be increased to approximately 12,178 square feet. There would be no change in the number of parcels. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315, Class 15 (Minor Land Divisions) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Lot Line Adjustment No. LA2017-001 (Attachment No. ZA 1). 1 Moiso Lot Line Adjustment Zoning Administrator, April 13, 2017 Page 2 DISCUSSION • The applicant requests to adjust lot lines between two contiguous lots in the Big Canyon Planned Community (PC8) Zoning District. The two parcels are located within Area 9 — Low Density Residential of the Planned Community and has a General Plan land use designation of Single-Unit Residential Detached (RS-D). • The purpose of the lot line adjustment is to create a larger lot at 27 Inverness Lane for construction purposes. • The property at 27 Inverness Lane is currently developed with a single-family residence. The property at 25 Inverness Lane is also developed with a single- family residence; however, the structure would be demolished prior to recordation of the lot line adjustment. • The proposed lot line adjustment will shift the existing side property line of 27 Inverness Lane approximately 13 feet to the west. This will reallocate approximately 1,358 square feet from 25 Inverness Lane to 27 Inverness Lane. • The property at 25 Inverness Lane currently consists of 0.223 acres (9,712 square feet). The proposed lot line adjustment would reduce the area to 0.192 acres (8,354 square feet). The existing area of 27 Inverness Lane is 0.248 acres (10,820 square feet). The proposed lot line adjustment would increase the area to 0.280 acres (12,178 square feet). The boundary adjustment will have no impact on access to either property. • The proposed lots will continue to meet the minimum site area requirement of the Big Canyon Planned Community development regulations. Lots in Area 9 are required to provide a minimum lot area of 8,000 square feet. • 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. • Future development at both lots will continue to be required to comply with all applicable development standards specified by the Big Canyon Planned Community. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15305 of the State CEQA (California Environmental Quality Act) Guidelines - 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 Tmp1r.01/17217 Moiso Lot Line Adjustment Zoning Administrator, April 13, 2017 Page 3 creation of any new parcel. The proposed lot line adjustment affects the shared property line between two parcels and is for the purpose of creating a larger side yard and lot at 27 Inverness Lane. There will be no change in land use, density, or intensity. 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 or call for review 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: klxa� Liz Westhoreland, Assistant Planner GBR/law Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans Tmp1[:01/17/17 3 Attachment No. ZA 1 Draft Resolution 4 RESOLUTION NO. ZA2017-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2017-001 TO ADJUST THE BOUNDARY OF PARCELS LOCATED AT 25 AND 27 INVERNESS LANE (PA2017-010) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Anthony Moiso with respect to property located at 25 and 27 Inverness and legally described as Lot 72 and Lot 73 of Tract No. 7638 requesting approval of a lot line adjustment. 2. The applicant proposes to adjust the boundary between two (2) contiguous parcels located in the Big Canyon Planned Community (PC8). The adjoining lot line would be moved to the west 13 feet. The property at 25 Inverness Lane would be reduced to 8,354 square feet and the property would be reallocated to 27 Inverness Lane, which would be increased to approximately 12,178 square feet. There would be no change in the number of parcels. 3. The subject properties are located within the Low Density Residential Area 9 of the Big Canyon Planned Community (PC8) Zoning District and the General Plan Land Use Element category is Single-Unit Residential Detached (RS-D). 4. The subject properties are not located within the coastal zone. 5. A public hearing was held on April 13, 2017 in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15305, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 5 (Minor Alterations in Land Use Limitations) of the Guidelines for CEQA. 2. 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 minor lot line adjustments. The proposed boundary adjustment affects the property line between two (2) parcels and is for the purpose of creating a larger side yard and overall lot for 27 Inverness Lane. 5 Zoning Administrator Resolution No. ZA2017-### Page 2 of 5 SECTION 3. REQUIRED FINDINGS. In accordance with 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: Findinq: 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 proposed lot line adjustment will not change the existing use of either property. The General Plan Land Use Designation of Single-Unit Residential Detached will be maintained for both lots. 2. The proposed lot line adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. The properties will continue to allow for single-unit development consistent with the applicable General Plan Land Use and zoning designation. 3. The proposed lot line adjustment is consistent with the purpose identified in Chapter 19.76 (Lot Line Adjustment) of the Newport Beach Municipal Code. The lot line adjustment constitutes a minor boundary adjustment involving two (2) adjacent lots where land taken from one lot is added to an adjacent lot. The original number of lots will remain unchanged after the adjustment. 4. The subdivision is consistent with the General Plan, does not negatively impact surrounding land owners, 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 (2) adjacent parcels. Access to the project site and surrounding properties would remain unchanged. Finding: B. The number of parcels resulting from the lot line adjustment remains the same as before the adjustment. 01-03-17 Zoning Administrator Resolution No. ZA2017-### Page 3 of 5 Fact in Support of Finding: 1 . The proposed lot line adjustment will adjust the property line between two (2) 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 properties are located within Low Density Residential Area 9 of the Big Canyon Planned Community (PC8) Zoning District, which is intended to provide for detached single-family dwellings. The proposed lot line adjustment will not change the existing use of the two parcels. 2. The proposed boundary adjustment will shift the property line between the subject parcels to the west, reallocating approximately 1,358 square feet of land from 25 Inverness Lane to 27 Inverness Lane. The resulting boundary will allow for a larger lot for 27 Inverness Lane. 3. Both parcels will continue to exceed the minimum site area requirement of the Big Canyon Planned Community development regulations. Lots in Area 9 are required to provide a minimum lot area of 8,000 square feet. The proposed parcel at 25 Inverness meets the minimum lot size requirement with an area of 8,345 square feet. 4. The proposed parcels comply with all applicable lot size regulations of the Big Canyon Planned Community Development Plan and 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: 1. The proposed lot line adjustment affects the interior property lines between two (2) adjacent parcels. Legal access to the two properties will be maintained along Inverness Lane, thus access to the subject properties will not be affected by the adjustment. 01-03-17 Zoning Administrator Resolution No. ZA2017-### Page 4 of 5 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 existing properties is from Inverness Lane, and 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. 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 required setbacks applicable to parcels in the PC8 Zoning District shall continue to apply to the adjusted parcels per the Planned Community Development. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2017-001 subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. 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 13TH DAY OF APRIL 2017. Patrick J. Alford, Zoning Administrator 01-03-17 g Zoning Administrator Resolution No. ZA2017-### Page 5 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL 1. Prior to the recordation of the lot line adjustment, the structure on Parcel 1 (25 Inverness Lane) shall be demolished or altered to comply with all applicable development standards. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Prior to the recordation of the lot line adjustment, the applicant shall submit the exhibits to the Public Works Department for final review. 4. 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 Title 20 Planning and Zoning of the Newport Beach Municipal Code. 5. 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 the Moiso Lot Line Adjustment including, but not limited to, Lot Line Adjustment No. LA2017-001 (PA2017-010). 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. 01-03-17 9 Attachment No. ZA 2 Vicinity Map 10 VICINITY MAP �-4 - �.. 1 1 ` y.1. A Project Site Iilk' iN�10. 2 2b � 1 •. h" Lot Line Adjustment No. LA2017-001 PA2017-010 25 and 27 Inverness Lane it Attachment No. ZA 3 Project Plans 12 PA2017-010 EXHIBIT 'A1 SHEET 1 OF 2 CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. 2017-____ (Legal Description) Owners Existing Parcels Proposed Parcels AP Number Reference Number Anthony R. Moiso and Melinda R,Moiso,co-trustees of the Moiso Living 442-211-06 PARCEL 1 Trust,dated June 22, 1984. Anthony R. Moiso and Melinda R,Moiso,Trustees of the Moiso Living 442-211-05 PARCEL 2 Trust,dated June 22, 1984. PARCEL 1: In the City of Newport Beach, County of Orange, State of California, being all of Lot 72 of Tract No. 7638 as per map filed in Book 306, Pages 1 though 9 inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said Orange County, EXCEPTING THEREFROM the Northeasterly 13.00 feet of said Lot 72. Containing 0.192 Acres (8,354 square feet), more or less. All as shown on Exhibit'B' attached hereto and by this reference made a part hereof. t-AND SLRLF VIKTOR P. p * MEUM * PREPARED BY ME OR UNDER MY DIRECTION ON: /-17-2617 a' No. 8682 9TH OF CA`\� VIKTOR P. MEUM LS 8682 13 JN 16104 PA2017-010 EXHIBIT 'A' SHEET 2 OF 2 CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. 2017-____ (Legal Description) Owners Existing Parcels Proposed Parcels AP Number Reference Number Anthony R.Moiso and Melinda R, Moiso,co-trustees of the Moiso Living 442-211-06 PARCEL 1 Trust,dated June 22, 1984. Anthony R.Moiso and Melinda R,Moiso,Trustees of the Moiso Living 442-211-05 PARCEL 2 Trust,dated June 22, 1984- PARCEL2: In the City of Newport Beach, County of Orange, State of California, being the Northeasterly 13.00 feet of Lot 72 and all of Lot 73 of Tract No. 7638 as per map filed in Book 306, Pages 1 though 9 inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said Orange County, Containing 0.280 Acres (12,178 square feet), more or less. All as shown on Exhibit'B' attached hereto and by this reference made a part hereof. LAND SG�LF VIKTOR P. p * MEUM * PREPARED BY ME OR UNDER MY DIRECTIONON: /-17-2017 m� No. 8682 9TF OF CALF VIKTOR P. MEUM LS 8682 14 IN 16104 PA2017-010 EXHIBIT 'B' SHEET 1 OF i CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. 2017----- (map) Owners Existing Parcels Proposed Parcels AP Number Reference Number Anthony R. Moiso and Melinda R,Moiso,co-trustees of the Moiso Living 442-211-06 PARCEL 1 Trust,dated June 22, 1984. Anthony R.Moiso and Melinda R,Moiso,Trustees of the Moiso Living 442-211-05 PARCEL 2 Trust,dated June 22, 1984. SCALE: 0 1"=40' INVERNESS LANE (PRIVATE STREET) N m =11 ' 33' 47" _ Y L=242_78 R=1200. 00' TRACT o C1 z C4 V D 13.00' C5 II---- \C6 C3 2 2 ro 2 Z O N She of o No. 7638 R� o � PARCEL 1 �� ° M.M. 306/1-9 8,354 SQ. FT. o PARCEL 2 vo o 12,178 SO. FT. cc c rn rn 13.00' 82.48' 13.02 S 72°1926 W 95.50 S 67'26.03" W 153.79' CURVE DELTA ANGLE RADIUS LENGTH C1 3-27'12- 1226.00 73.89 C2 j0-52'51"----9-2-.00' 49.58 y�0 LAND S_ C3 69-08'35- 48.00 57.92 C4 2'08 35 92.00 4.51 V11 P. o C5 8'10'18"- 92.00 13.12 MEUM C6 19'54'00' 92.00 31.95 a No. 8682 ATF OF Cpo-'' ? LEGEND: PREPARED EL ME_OR-UNDER_M_Y EXISTING LOT LINE TO REMAIN DIRECTION ON: 1 -17-2017 — — — — EXISTING LOT LINE TO BE REMOVED ,�J/G PROPOSED PARCEL LINE V// VIKTOR P. MEUM LS'8682 15 JN 16104 PA2017-010 EXHIBIT 'C' SHEET 1 OF i CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. 2017-____ (Site Plan) Owners Existing Parcels Proposed Parcels AP Number Reference Number Anthony R.Moiso and Melinda R,Moiso,co-trustees of the Moiso Living 442-211-06 PARCEL 1 Trust,dated June 22, 1984. Anthony R. Moiso and Melinda R,Moiso,Trustees of the Moiso Living 442-211-05 PARCEL 2 Trust,dated June 22, 1984. SCALE: 0 1 "=40' INVERNESS LANE N m TRACT j _e _ - - - _— \\ \ D4 IJI- — Z! j— —I N j Ltill 1 No. 76381 A �fl o I I � lol ml I AR �\ 8,3 44 SO FT ISI �I PARCEL -1-- - �- \ M.M. 306/1-9 J I I o I 12,178 SO. Fr.. \ (HOUSE TO BE DEMOLISHED) L - - -r - - - - - I L -I �j\\ - - - - - - - - - - - - - - - - - - - - -- - - 82.48' 1302' + — — ❑ S 72'19 26 W 0 95. 0 S 6726"03" W 153.79' LAND SG�G LEGEND: F VIKTOR P. o EXISTING LOT LINE TO REMAIN '1 MEUM A — — — — EXISTING LOT LINE TO BE REMOVED PROPOSED PARCEL LINE N No. 8682 ------- EASEMENT LINE 9TF OF CM- 2'& M-2'&6'WIDE EASEMENT IN FAVOR OF SOUTHERN FAJ CALIFORNIA DISON COMPANY RECORDED IN BOOK 10593, PAGE155 O.R. PREPARED BY ME OR UNDER MY 2.5'WIDE EASEMENT IN FAVOR OF PACIFIC TELEPHONE DIRECTION ON: 1-17-2017 8❑ AND TELEGRAPH COMPANY RECORDED IN BOOK 10616, /G PAGE 201 O.R. l/�/// 10'WIDE EASEMENT FOR STORM DRAIN AND INGRESS AND © BOOK 10 12, PAEGRESS SET ORTH GE 521O.R.RE DOCUMENT RECORDED AS VIKTOR P. MEUM LS 8682 10 JN 16104