HomeMy WebLinkAbout05_Florance Residence Lot Line Adjustment_PA2018-047CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 24, 2018
CgGIFOFN�� Agenda Item No. 5
SUBJECT: Florance Lot Line Adjustment (PA2018-047)
• Lot Line Adjustment No. LA2018-003
SITE LOCATION: 916 Almond Place and 915 Alder Place
APPLICANT: James J. and Cynthia C. Florance
OWNER: James J. and Cynthia C. Florance
PLANNER: Melinda Whelan, Assistant Planner
949- 644-3221, mwehlan(o)newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• General Plan: RS -D (Single -Unit Residential Detached)
• Zoning District : R-1-6,000 (Single -Unit Residential)
PROJECT SUMMARY
A request to adjust a portion of the rear property line between two contiguous single-
family residential lots located at 916 Almond Place and 915 Alder Place and legally
described as Lots 12 and 7 of Tract No. 4705. A portion of the rear property line of 916
Almond Place would be moved north 7.13 feet into the rear yard of 915 Alder Place. The
property at 916 Almond Place would be increased by approximately 260 square feet and
the property at 915 Alder Place would be reduced by approximately 260 square feet.
There will 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 15305, Class 5 (Minor Alterations in Land Use Limitations) 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. LA2018-003 (Attachment No. ZA 1).
1
Florance Lot Line Adjustment
Zoning Administrator, May 24, 2018
Page 2
DISCUSSION
The applicant requests to adjust lot lines between two contiguous lots. The lots are
in the R-1 6,000 Single -Unit Zoning District and have a General Plan land use
designation of Single -Unit Residential Detached (RS -D).
The purpose of the lot line adjustment is to move a portion of the rear lot line to
accommodate additional top of slope area for 916 Almond Place and allow slope
stabilization improvements above their backyard and pool. This will enable the
owner of 916 Almond Place to construct a wall and grading solution to prevent
down slope failure into their pool.
Both properties are currently developed with single-family dwellings.
• The proposed lot line adjustment will shift the existing rear property line of 916
Almond Place approximately 7.13 feet north into the rear yard 915 Alder Place.
This will increase the lot area of 916 Almond Place by approximately 260 square
feet and decrease 915 Alder Place by approximately 260 square feet.
• The resulting areas of each property will maintain the minimum 6,000 square feet
site area requirement of R-1-6,000. 916 Almond Place will be approximately
20,759 square feet and 915 Alder Place will be approximately 8,806.9 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. The
boundary adjustment will have no impact on access to either property.
• Existing and future development of both lots will continue to be required to comply
with all applicable development standards specified by the R-1-6,000 Zoning
District.
ENVIRONMENTAL REVIEW
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, Chapter 3, because it has no potential
to have a significant effect on the environment. The proposed lot line adjustment affects the
property line between two (2) parcels and is for the purpose of creating a larger rear yard
above the top of slope for 916 Almond Place. The average slope of the two affected parcels
is less than 20 percent.
TmpIC. 01/17/18
Florance Lot Line Adjustment
Zoning Administrator, May 24, 2018
Page 3
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
following the date of action. For additional
Planning Division at (949) 644-3200.
Prepared by:
Melinda Whelan
Assistant Planner
JMlmsw
of Community Development within 10 days
information on filing an appeal, contact the
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 LLA Exhibits
Tmpm 01/17218
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT LINE
ADJUSTMENT NO. LA2018-003 FOR A LOT LINE ADJUSTMENT
BETWEEN PARCELS LOCATED AT 916 ALMOND PLACE AND
915 ALDER PLACE (PA2018-047)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by James and Cynthia Florance, with respect to property located
at 916 Almond Place and 915 Alder Place, legally described as Lot 12 and Lot 7 of Tract
4705 in the City of Newport Beach, County of Orange, State of California, requesting
approval of a lot line adjustment.
2. The applicant proposes to adjust a portion of the rear property line between two
contiguous single-family residential lots located at 916 Almond Place and 915 Alder
Place and legally described as Lots 12 and 7 of Tract No. 4705. A portion of the rear
property line of 916 Almond Place would be moved north 7.13 feet into the rear yard of
915 Alder Place. The property at 916 Almond Place would be increased by
approximately 260 square feet and the property at 915 Alder Place would be reduced
by approximately 260 square feet. There will be no change in the number of parcels..
3. The subject sites are designated Single -Unit Residential Detached (RS -D) by the General
Plan Land Use Element and is located within the Single -Unit Residential (R-1-6,000)
Zoning District.
4. The subject property is not located within the coastal zone.
5. A public hearing was held on May 24, 2018 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 hearing 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 hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
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, 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 percent, which do not result in any changes in land use or
density, including minor lot line adjustments. The proposed lot line adjustment affects the
5
Zoning Administrator Resolution No. ZA2018-###
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property line between two (2) parcels and is for the purpose of creating a larger rear yard
above the top of slope for 916 Almond Place. The average slope of the two affected
parcels is less than 20 percent.
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 (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 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
04-24-18
Zoning Administrator Resolution No. ZA2018-###
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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.
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:
Both properties are located within the R-1 6,000 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 lot line adjustment is to move a portion of the rear lot line to accommodate
additional top of slope area for 916 Almond Place and allow slope stabilization
improvements above their backyard and pool. This will enable the owner of 916 Almond
Place to construct a wall and grading solution to prevent down slope failure into their
pool.
3. Both parcels will continue to exceed the minimum 6,000 square feet site area
requirement of the Zoning development regulations. The proposed parcel at 915 Alder
Place will be reduced by approximately 260 square feet and will still meet the minimum
lot size requirement with a resulting area of 8,806.9 square feet. The proposed parcel
at 916 Almond Place will maintain the minimum lot size requirement with a new lot area
of 20,759 square feet.
4. The proposed parcels comply with all applicable lot size regulations of the R-1 6,000
Zoning District 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.
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Zoning Administrator Resolution No. ZA2018-###
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Fact in Support of Finding:
The proposed lot line adjustment affects the interior rear property lines between two (2)
adjacent parcels. Legal access to the two properties will be maintained along Almond
Place and Alder Place, 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 existing properties is from Almond Place and Alder Place, 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:
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 6,000 Zoning District shall continue to apply to
the adjusted parcels.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Lot Line
Adjustment No. LA2018-003, 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.
04-24-18
8
Zoning Administrator Resolution No. ZA2018-###
Paqe 5 of 6
PASSED, APPROVED, AND ADOPTED THIS 24th DAY OF MAY, 2018.
Patrick J. Alford, Zoning Administrator
04-24-18
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Zoning Administrator Resolution No. ZA2018-###
Paqe 6 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
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. 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.
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 the Florance Lot Line Adjustment including, but not limited to, Lot Line
Adjustment No. LA2018-003 (PA2018-047). 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.
04-24-18
10
Attachment No. ZA 2
Vicinity Map
11
Lot Line Adjustment No. LA2018-003
PA2018-047
916 Almond Place and 915 Alder Place
12
Attachment No. ZA 3
Lot Line Adjustment Exhibits
13
EXHIBIT "A"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2018 - 003
(LEGAL DESCRIPTION)
EXISTING PARCEL
PROPOSED PARCELS
OWNER
AP NUMBER
REFERENCE NUMBERS
Kristin O. and James D. Panehal
440-034-03
PARCEL 1
James J. and Cynthia C. Florance
440-024-03
PARCEL 2
PARCEL1
LOT 7 OF TRACT NO. 4705 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA AS PER MAP RECORDED IN BOOK 186, PAGES 31 THROUGH 35, INCLUSIVE, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING
THEREFROM THE FOLLOWING DESCRIBED LAND;
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 12 OF SAID TRACT NO. 4705; THENCE ALONG
THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 12 NORTH 3044'12" EAST 7.13
FEET; THENCE SOUTH 83002'50" EAST 14.35 FEET; THENCE SOUTH 83054"04" EAST 24.45 FEET; THENCE
SOUTH 81009'40" EAST 22.23 FEET; THENCE SOUTH 7058'57" EAST 1.67 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF SAID LOT 7, SAID POINT BEING NORTH 65-25,37" WEST 9.48 FEET FROM THE
MOST SOUTHERLY CORNER OF SAID LOT 7; THENCE ALONG THE SOUTHWESTERLY AND SOUTHERLY
LINE OF SAID LOT 7 THE FOLLOWING TWO (2) COURSES NORTH 65°25'37" WEST 1.76 FEET AND
NORTH 88°30'00" WEST 59.66 FEET TO THE POINT OF BEGINNING.
PARCEL ONE CONTAINS 8,600.2 SQUARE FEET MORE OR LESS.
PARCEL 2
LOT 12 OF TRACT NO. 4705 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA AS PER MAP RECORDED IN BOOK 186, PAGES 31 THROUGH 35, INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY TOGETHER,
WITH THAT PORTION OF LOT 7 OF SAID TRACT NO. 4705 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 12 OF SAID TRACT NO. 4705; THENCE ALONG
THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 12 NORTH 3°44'12" EAST 7.13
FEET; THENCE SOUTH 83°02'50" EAST 14.35 FEET; THENCE SOUTH 83°54"04" EAST 24.45 FEET; THENCE
SOUTH 81009'40" EAST 22.23 FEET; THENCE SOUTH 7°58'57" EAST 1.67 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF SAID LOT 7, SAID POINT BEING NORTH 65-25,37" WEST 9.48 FEET FROM THE
MOST SOUTHERLY CORNER OF SAID LOT 7; THENCE ALONG THE SOUTHWESTERLY AND SOUTHERLY
LINE OF SAID LOT 7 THE FOLLOWING TWO (2) COURSES NORTH 65°25'37" WEST 1.76 FEET AND
NORTH 88°30'00" WEST 59.66 FEET TO THE POINT OF BEGINNING.
PARCEL TWO CONTAINS 20,759.0 SQUARE FEET MORE OR LESS. P` LANQ
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No. 6902
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LICENSE EXPIRES 6-30902
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14
EXHIBIT "B" (DETAIL "A")
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA
2018 - 003
(MAP)
EXISTING PARCEL
PROPOSED PARCELS
OWNER
AP NUMBER
REFERENCE NUMBERS
Kristin O. and James D. Panehal
440-034-03
PARCEL 1
James J. and Cynthia C. Florance
440-024-03
PARCEL 2
LEGEND:
LINE/CURVE TABLE
L1
S03'44'1 2"W 7.13'
INDICATES
NEW LOT LINE
L2
S83'02'50"E 14.35'
L3
S83°54'04"E 24.45'
— —INDICATES
LOT LINE TO BE REMOVED
L4
S81'09'40"E 22.23'
L5
S07'58'57"E 1.67'
INDICATES
LOT LINE TO REMAIN
L6
N65'25'37"W 1.76'
L7
N65°25'37"W 9.48'
L8
N88'30'00"W 59.66'
pt LANDS
L9
N88'30' " 24.09'
v'S COui T G9G
C10
A=50°57'00" R=50.00' L=44.46'
PREPARED UNDER THE SUPERVISION OF: �(
o < F
C11
4=55'00'14" R=50.00' L=48.00'
C12
A=110'50'11" R=50.00' L=96.72'
No. 6902
* EXP.6-30-19
MARK S. PETRIE L.S. 6902 DATE `f�q� ��\P
FOF
EXPIRES 6-30-19 CAUF�
DETAIL "All
a
rn o
L2
z
L5
L3
L4
L7
P.O.B.
83.75' CO/Vss2s
N88°30'00"W
Ips
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Q
.90
CD
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,ri w
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d' SCALE: 1"=20'
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15
EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA
2018 - 003
(MAP)
EXISTING PARCEL
PROPOSED PARCELS
OWNER
AP NUMBER
REFERENCE NUMBERS
Kristin O. and James D. Panehal
440-034-03
PARCEL 1
James J. and Cynthia C. Florance
440-024-03
PARCEL 2
LINE/CURVE TABLE
�—
L1 S03'44'1 2"W 7.13'
ALDER PLACE o
L2 S83°02'50"E 14.35'
bo ��
G
L3 S83°54'04"E 24.45'
L4 S81'09'40"E 22.23'
SCALE: 1"=50'C7C
L5 S07°58'57"E 1.67'
N84°31'20"E
L6 N65°25'37"W 1.76'
5.00
L7 N65°25'37"W 9.48'
LEGEND: Cl,
L8 N88'30'00"W 59.66'
L9 N88°30' " 24.09'
INDICATES 3 o
010 p=50°57'00" R=50.00' L=44.46'
NEW LOT LINE o 3
—INDICATES 6
011 4=55°00'14" R=50.00' L=48.00'
i)` i `e
LOT LINE TO BE REMOVED pgRCEL 1CO
C12 A=110°50'11" R=50.00' L=96.72'
INDICATES o 8806.9 SQ. FT.�
z
LOT LINE TO REMAINIBIT
SEE EXHB
7r;AC7 ,,--___ _ z
(DETAIL "A")
L2 1\1 C), L5
L3 L4
_ \ ` L7
— 1
4705_
L9 �g \
N
P.O.B. / 6S2s.
PREPARED UNDER THE SUPERVISION OF: 3j•IV
— _ 83.75' / p/6 7
S2S3j 9566,
N88'330'00"W _�° ,''
7g•
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W
'06.90,
MARK S. PETRIE L.S. 6902 DATE ^
EXPIRES 6-30-19 11/J,1�jJ o
PL LAND 11 M 1 J3v
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PARCEL
20759.0 SQ. FT.
No. 6902
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EXHIBIT "C"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA
2018 - 003
(SITE PLAN)
EXISTING PARCEL
PROPOSED PARCELS
OWNER
AP NUMBER
REFERENCE NUMBERS
Kristin O. and James D. Panehal
440-034-03
PARCEL 1
James J. and Cynthia C. Florance
440-024-03
PARCEL 2
03
LINE/CURVE TABLE
�%—
L1 S03°44'12"W 7.13'
ALDER PLACE o
L2 S83°02'50"E 14.35'
G
L3 S83°54'04"E 24.45'
L4 S81'09'40"E 22.23'
SCALE: 1"=50' C70
L5 707°58'57"E 1.67'
NB4°31'20"E
L6 N65°25'37"W 1.76'
5.00
L7 N65°25'37"W 9.48'
LEGEND: 4.92' C71
L8 N88'30'00"W 59.66'
®
L9 N88°30' " 24.09'
INDICATES 3 0 6.83'
C10 p=50°57'00" R=50.00' L=44.46'
NEW LOT LINE b co _
—INDICATES ° r 3
C11 4=55°00'14" R=50.00' L=48.00'
LOT LINE TO BE REMOVED I o ap
PARCEL �.�Q
C12 p=110°50'11" R=50.00' L=96.72'
INDICATES a a 8806.9 Q. FT.
LOT LINE TO REMAIN Z a
2 STORY HOUSE rn
0
SEE EXHIBIT
7F;ACC -''� i'rnTl0_ z
(DETAIL "A")
L2 1 0, L5
L3-
L4470
L7
--Lg—
or
L9 JillN
-P-.O.B. ss2s.
_
PREPARED UNDER THE SUPERVISION OF: — _ g3j5' % ,Nss° 70 3>>w
N88o30 00"W1 2S3j v, .7-1, 9566.
a
LO Of
MARK S. PETRIE L.S. 6902 DATE ^ cO/vC
70690' i
EXPIRES 6-30-19 N� ��ckft
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No. 6902 5.32' — 20759.0 SQ. FT.
EXP. -30-19
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