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HomeMy WebLinkAbout03_Bay House 2100, LLC Lot Line Adjustment_PA2019-229 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT a December 12, 2019 CgGIFOFN� Agenda Item No. 3 SUBJECT: Bay House 2100, LLC Lot Line Adjustment (PA2019-229) • Lot Line Adjustment No. LA2019-002 SITE LOCATION: 2021 East Bay Avenue and 2100 East Balboa Boulevard APPLICANT: Bay House 2100, LLC OWNER: Bay House 2100, LLC PLANNER: David S. Lee, Assistant Planner 949-644-3225, dlee@newportbeachca.gov LAND USE AND ZONING • General Plan: RS-D (Single-Unit Residential Detached) • Zoning District: R-1 (Single-Unit Residential) • Coastal Land Use Plan: RSD-B (Single Unit Residential Detached) — (6.0 - 9.9 DU/AC) • Coastal Zoning District: R-1 (Single-Unit Residential) PROJECT SUMMARY A lot line adjustment application to adjust the boundary between two contiguous parcels located on the Balboa Peninsula. Land will be taken from 2100 East Balboa Boulevard and reallocated to 2021 East Bay Avenue. The area of adjustment is approximately 1,535 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 under 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. LA2019-002 (Attachment No. ZA 1). 1 Bay House 2100, LLC Lot Line Adjustment (PA2019-229) Zoning Administrator, December 12, 2019 Page 2 DISCUSSION • The applicant proposes to adjust the boundary between two contiguous parcels located on the Balboa Peninsula. Both lots are zoned as Single-Unit Residential (R- 1) Zoning District and designated as Single-Unit Residential Detached (RS-D). • The property at 2021 East Bay Avenue is currently developed with an existing single- unit residence with a swimming pool, landscaping, and hardscape amenities. Until recently, the property at 2100 East Balboa Boulevard was developed with a single- unit residence, which was demolished in 2018 (Coastal Development Permit No. CD2018-018)to make way for a replacement residence to be constructed in the near future. • The proposed lot line adjustment will shift a 99-foot section of the common lot line approximately 15.50 feet easterly into the 2100 East Balboa lot. This would reallocate approximately 1,535 square feet of land from 2100 East Balboa Boulevard to 2021 East Bay Avenue. This adjustment would allow for the expansion of the existing swimming pool at 2021 East Bay Avenue. • Both lots will continue to meet the minimum lot width standard of 50 feet of the Zoning Code. 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. Per the definition of lot width, the existing lot width for 2021 East Bay Avenue is 59.98 feet, while the existing lot width for 2100 East Balboa Boulevard is 61.29 feet. Subsequent to the lot line adjustment, the proposed lot width for 2021 East Bay Avenue increases to 75.08 feet, while the lot width for 2100 East Balboa Boulevard remains 61.29 feet. • Both lots will continue to exceed the minimum site area requirements of the Zoning Code. Interior lots in the R-1 Zoning District are required to provide a minimum lot area of 5,000 square feet. In this case, the lot area for 2021 East Bay Avenue increases from 9,140 square feet to 10,675 square feet, while the lot area for 2100 East Balboa Boulevard decreases from 15,440 square feet to 13,905 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. 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.01/12/18 Bay House 2100, LLC Lot Line Adjustment (PA2019-229) Zoning Administrator, December 12, 2019 Page 3 creation of any new parcel. The proposed boundary adjustment affects the property line between two parcels and is for the purpose of accommodating an expansion of the existing swimming pool at 2021 East Bay Avenue. 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 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: aoe David S. Le , Assistant Planner JM/dl Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans TmpIC 01/12/18 3 Attachment No. ZA 1 Draft Resolution 4 RESOLUTION NO. ZA2019-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2019-002 TO ADJUST THE BOUNDARIES OF PARCELS LOCATED AT 2021 EAST BAY AVENUE AND 2100 EAST BALBOA BOULEVARD (PA2019-229) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Bay House 2100, LLC with respect to property located at 2021 East Bay Avenue and 2100 East Balboa Boulevard, and legally described as Lot 10 and the westerly half of Lot 11 of Tract 756 and Parcel 4 of Resubdivision No. 250 respectively, requesting approval of a lot line adjustment. 2. The applicant proposes to adjust the boundary between two (2) contiguous parcels located on the Balboa Peninsula. Land taken from 2100 East Balboa Boulevard will be reallocated to 2021 East Bay Avenue. There will be no change in the number of parcels. 3. The property at 2021 East Bay Avenue is currently developed with an existing single-unit residence with a swimming pool, landscaping, and hardscape amenities. Until recently, the property at 2100 East Balboa Boulevard was developed with a single-unit residence, which was demolished in 2018 (Coastal Development Permit No. CD2018-018)to make way for a replacement residence to be constructed in the near future. Both properties are designated by the General Plan as Single-Unit Residential Detached (RS-D), and located in the Single-Unit Residential (R-1) Zoning District. 4. The subject properties are located within the coastal zone. For both properties, the Coastal Land Use Plan category is Single Unit Residential Detached — (6.0—9.9 DU/AC) (RSD-B) and the Coastal Zoning District is Single-Unit Residential (R-1). A coastal development permit is not required because 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 existing single-unit residence will remain at 2021 East Bay Avenue and 2100 East Balboa Boulevard will retain the potential to construct a future single-unit residence. 5. A public hearing was held on December 12, 2019, 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. Zoning Administrator Resolution No. ZA2019-### Page 2 of 6 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 accommodating an expansion of the existing swimming pool at 2021 East Bay Avenue. 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 2021 East Bay Avenue and 2100 East Balboa Boulevard. 2. The proposed lot line adjustment will not result in a development pattern that is inconsistent with the surrounding neighborhood. Both 2021 East Bay Avenue and 2100 East Balboa Boulevard 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 (1) 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. 03-03-2015 Zoning Administrator Resolution No. ZA2019-### 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: 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 2021 East Bay Avenue and 2100 East Balboa Boulevard 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. 2. The proposed lot line adjustment will shift a 99-foot section of the common lot line approximately 15.50 feet easterly into the 2100 East Balboa lot. This would reallocate approximately 1,535 square feet of land from 2100 East Balboa Boulevard to 2021 East Bay Avenue. This adjustment would allow for the expansion of the existing swimming pool at 2021 East Bay Avenue. 3. Both lots will continue to meet the minimum lot width standard of 50 feet of the Zoning Code. 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. Per the definition of lot width, the existing lot width for 2021 East Bay Avenue is 59.98 feet, while the existing lot width for 2100 East Balboa Boulevard is 61.29 feet. Subsequent to the lot line adjustment, the proposed lot width for 2021 East Bay Avenue increases to 75.08 feet, while the lot width for 2100 East Balboa Boulevard remains 61.29 feet. 4. Both lots will continue to exceed the minimum site area requirements of the Zoning Code. Interior lots in the R-1 Zoning District are required to provide a minimum lot area of 5,000 square feet. In this case, the lot area for 2021 East Bay Avenue increases from 9,140 square feet to 10,675 square feet, while the lot area for 2100 East Balboa Boulevard decreases from 15,440 square feet to 13,905 square feet. 5. The proposed lot line adjustment will not result in a change in allowed land uses, density, or intensity on the properties. 03-03-2015 Zoning Administrator Resolution No. ZA2019-### Page 4of6 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 subject properties is not 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 East Balboa Boulevard and East Bay Avenue, 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 R-1 Zoning District shall continue to apply to the adjusted parcels per the Zoning Code. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 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. 03-03-2015 g Zoning Administrator Resolution No. ZA2019-### Page 5 of 6 2. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2019-002, 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 ten (10) days following the date this Resolution was adopted unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 19 (Subdivisions) of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 12th DAY OF DECEMBER, 2019. Jim Campbell, Zoning Administrator 03-03-2015 9 Zoning Administrator Resolution No. ZA2019-### Page 6 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The 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 19 (Subdivisions) of the Newport Beach Municipal Code. 3. Prior to recordation of the lot line adjustment, the applicant shall submit the exhibits to the Public Works Department for final review. 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 Bay House 2100, LLC Lot Line Adjustment including, but not limited to, Lot Line Adjustment No. LA2019-002 (PA2019-229). 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. 03-03-2015 10 Attachment No. ZA 2 Vicinity Map 11 VICINITY MAP Y SubjectP Property > (2021 E. Bay Ave.) --T. • Approximate area of oximate ait r _ !+ / z Y ` w Subject Property ` (2100 E. Balboa Blvd.) ri. - moa moe mr vms r n 2'i. X v.na amp 1 ilk. Lot Line Adjustment No. LA2019-002 PA2019-229 2021 East Bay Avenue and 2100 East Balboa Boulevard 12 Attachment No. ZA 3 Project Plans 13 Recording Requested by and Mail to: City of Newport Beach Public Works Dept I Attn: Subdivision 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 This Space for Recorder's Use Only Lot Line Adjustment/Lot Merger Address(es) or Property Involved: 2021 East Bay Avenue and 2100 East Balboa Boulevard, Newport Beach CA Owner(s) Affidavit I (06h hereby certify under penalty of perjury that 1) 1 am (we'Sre) the record owned of all parcels proposed for adjustment by this application, 2) 1 (We) have knowledge of and consent to the filing of this application, 3) the information submitted in connection with this application is true and correct; and 4) 1 (W10 consent to the recordation of these documents. RECORD OWNERS: Parcel 048-240-15 RICK J. CA RU USTEE OF THE RICK AND TINA CARUSO LIVING TRUST, NAME: 1992 Signature of parcel owner Signature of parcel owner Parcel 048-240-38 NAME: BAY HOUSE LLC, DELAWARE LIMITED LIABILITY COMPANY, RICK J. CARUSO, CEO Signature of parcel owner Signature of parcel owner Parcel NAME: Signature of parcel owner Signature of parcel owner Parcel NAME: Signature of parcel owner Signature of parcel owner NOTE: Each of these signatures must be notarized,using the appropriate Jurat attached and completed by a Notary Public. Approved for Recording CITY OF NEWPORT BEACH City Engineer: Date: FAUsers\CD D\Shared\Adm in\Planning-Division\Applicalions\LA&LM\Into.docs Uptt.g 8121113 CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT LLA RECORD OWNER'S ACKNOWLEDGEMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA 1 COUNTY OF ORANGE I S.S. Onnovemw i9, , Ro19 before me,r V�� ( � ��(� Z°Il, noftpubli( ' personally appeared E.1 (1/r L l21,S l7 who proved to me on the basis of satisfactory evidence to be the personKwhose name(s'ris/are subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in hislhe;4heir authorized capacity(ies), and that by his/I rmitheir signatures)on the instrument the person(.s'I, or the entity upon behalf of which the person(S)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. nD D This area for official notarial seal Signature l�C� � �� ' �" _ CUUDi.rOr.CA i1=111 Mabry P"le•GBlomia /i3 /a n 3 i �or.,,�+..23049 My Commission Expires: CmmnWbn r op i'a' /) �; Mr Comm.F»I•e Seo+7,lol l Notary Name: liI of IZIGA,C 11Ipbe I Notary Phone: q00-f3(0 U Notary Registration Number:A&L44usounty of Principal Place of Business: t-O l P/er 27 M t814G EXHIBIT'A' SHEET 1 OF 2 CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT LLA 2019-002 (Legal Description) Owners Existing Parcels Proposed Parcels AP Number Reference Number RICK J. CARUSO, TRUSTEE OF THE RICK AND TINA CARUSO LIVING TRUST, DATED FEBRUARY 12, 1992 048-240-15 PARCEL 1 BAY HOUSE 2100, LLC, A DELAWARE LIMITED LIABILITY COMPANY 048-240-38 PARCEL 2 PARCEL I: IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING ALL OF LOT 10 AND THE WESTERLY HALF OF LOT 11 OF TRACT No. 756 FILED IN BOOK 23, PAGES 7 AND 8 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE RECORDER OF SAID ORANGE COUNTY; TOGETHER WITH THAT PORTION OF PARCEL 4 OF PARCEL MAP FILED IN BOOK 13, PAGE 47 OF PARCEL MAPS, ALSO IN THE OFFICE OF THE RECORDER OF SAID ORANGE COUNTY AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER SAID PARCEL 4, THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 4, SOUTH 0°02'35"WEST, 29.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, SOUTH 89°57'25" EAST, 15.50 FEET; THENCE PARALLEL WITH SAID WESTERLY LINE, SOUTH 0-02-35"WEST, 99.00 FEET; THENCE NORTH 89057'25"WEST, 15.50 FEET TO THE SAID WESTERLY LINE; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 4, NORTH 0°02'35" EAST, 99.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 10,675 SQUARE FEET= 0.245 ACRES, MORE OR LESS. ALL AS SHOWN ON EXHIBIT'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. o�SS\pNAL LANp sGPG�L WM.ALAN o BROOKS * PREPARED BY ME OR U)VDER DIRECTION ON: SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, No. 6921 Q RESTRICTIONS,RESERVATIONS,RIGHTS, RIGHTS OF qTF O WAY,AND OTHER MATTERS OF RECORD, IF ANY F Wm Alan Brooks LS 6129 /JN 18140 1� ` EXHIBIT 'A' SHEET 2 OF 2 CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT LLA 2019-002 (Legal Description) Owners Existing Parcels Proposed Parcels AP Number Reference Number RICK J. CARUSO, TRUSTEE OF THE RICK AND TINA CARUSO LIVING TRUST, DATED FEBRUARY 12, 1992 048-240-15 PARCEL 1 BAY HOUSE 2100, LLC, A DELAWARE LIMITED 048-240-38 PARCEL 2 LIABILITY COMPANY PARCEL 2: IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING ALL OF PORTION PARCEL 4 OF PARCEL MAP FILED IN BOOK 13, PAGE 47 OF PARCEL MAPS, IN THE OFFICE OF THE RECORDER OF SAID ORANGE COUNTY; EXCEPTING THEREFROM ALL THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER SAID PARCEL 4, THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 4, SOUTH 0°02'35"WEST, 29.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, SOUTH 89°57'25" EAST, 15.50 FEET; THENCE PARALLEL WITH SAID WESTERLY LINE, SOUTH 0°02'35"WEST, 99.00 FEET; THENCE NORTH 89°57'25"WEST, 15.50 FEET TO THE SAID WESTERLY LINE; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 4, NORTH 0-02-35" EAST, 99.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 13,905 SQUARE FEET= 0.319 ACRES, MORE OR LESS. ALL AS SHOWN ON EXHIBIT'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. i LAND sG9�F WM. ALAN o * BROOKS * PREPARED BY ME QR U DER MY DIRECTION ON: / /8 2019 SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, NO. 8921 � RESTRICTIONS, RESERVATIONS,RIGHTS,RIGHTS OF 9�F FO�� WAY,AND OTHER MATTERS OF RECORD,IF ANY OF C A O A1.• •� Wrn Alan Brooks LS 6129 JN 18140 1� EXHIBIT 'B' SHEET 1 OF 1 CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT LLA 2019-002 (MAP) Owners Existing Parcels Proposed Parcels AP Number Reference Number RICK J. CARUSO, TRUSTEE OF THE RICK AND TINA CARUSO LIVING TRUST, DATED FEBRUARY 12, 1992 048-240-15 PARCEL 1 BAY HOUSE 2100, LLC, A DELAWARE LIMITED 048-240-38 PARCEL 2 LIABILITY COMPANY T — — P.O.C. 0mo C2 r- 4G3GQC�4 G9oo [T�6 Ji C1 _ SICALE1"=50' T.IP.O.B. L3 L 4 Parcel No. 1 0.245 acres ok m I ' p °> W I 0 p WlM e I PON IM I p @ Nlm O f1 I Z l a oP Z e��G� Z (b I Qa3a I o I N899 985� - L6 N G I I M EAST BAY AVENUE � I LO as I n 2 I � N I CURVE DELTA RADIUS LENGTH oa d I Ct - 4'24 17 955.40 73.45 Z I C2 3'36 38 955.40 60.21 I LINE TABLE II LINE BEARING DISTANCE Lt IN 11*0218 E RAD I L2 N 00'02 35 E 29.00 32.50' L3 N 89-57 25 W 15.50 N90'DO 00 L4 N 89'57 25 W 15.50 37.00' L5 N 00.02 35 E 21.54 L6 N 89'58 25 W 12.50 L7 N o6'3801 E RAD EAST BALBOA BOULEVARD L8 N 0YO1 23 E IRAD I — - - - - - - — pL LAND SG9�F WM. ALAN o LEGEND: * BROOKS * PREPARED BY ME QR UtyDER MY DIRECTION ON: A( $Z LO/f EXISTING LOT LINE TO REMAIN 1P No. 6921 q EXISTING LOT LINE TO BE REMOVED �P OF EASEMENT LINE Wm Alan Brooks L5�6129 EXHIBIT'C' SHEET 1 OF 2 CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT LLA 2019-002 (SITE PLAN) Owners Existing Parcels Proposed Parcels AP Number Reference Number RICK J. CARUSO, TRUSTEE OF THE RICK AND TINA CARUSO LIVING TRUST, DATED FEBRUARY 12, 1992 048-240-15 PARCEL 1 BAY HOUSE 2100, LLC, A DELAWARE LIMITED 048-240-38 PARCEL 2 LIABILITY COMPANY Parcel No. 1 I 0.245 acres I I g 1C I ° \o. c e I Qat �°J acc 5 I GIN R0/` -T p 6 I I EAST BA AVENUE sA 5 9 6 5 CQ I 10 6 6A I F- C? I w �� I cn b I I I � I 32.50' I EAST BALBOA BOULEVARD �SNONpL LAND SU9 LEGEND: o` WM. ALAN EXISTING LOT LINE TO REMAIN o a BROOKS '� PREPARED BYME R UNDER MY — — — EXISTING LOT LINE TO BE REMOVED * * DIRECTION ON: ffjU1,ZjPf9 EASEMENT LINE °ram No. 6921 SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, 9TF E 1/VVVVVV 1% ///------� y RESTRICTIONS, RESERVATIONS,RIGHTS,RIGHTS OF Of C A L /� y�-- i WAY,AND 0 THER MA TTERS OF RECORD, IF ANY. Wm Alan Brooks L§_ 129 , EXHIBIT 'C' SHEET 2 OF 2 CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT LLA 2019-002 (SITE PLAN) Owners Existing Parcels Proposed Parcels AP Number Reference Number RICK J. CARUSO, TRUSTEE OF THE RICK AND TINA CARUSO LIVING TRUST, DATED FEBRUARY 12, 1992 048-240-15 PARCEL 1 BAY HOUSE 2100, LLC, A DELAWARE LIMITED 048-240-38 PARCEL 2 LIABILITY COMPANY EASEMENT NOTES ALL EASEMENTS SHOWN ON THIS TOPOGRAPHIC SURVEY ARE PER A PRELIMINARY TITLE REPORTS PREPARED BY STEWART TITLE COMPANY, ORDER NO. 19000112201 & 19000112202, DATED OCTOBER 3, 2019. �5 — ITEM 5 - AN EASEMENT TO CONSTRUCT AND MAINTAIN A PRIVATE ROADWAY AND INCIDENTAL PURPOSES, RECORDED MARCH 25, 1926 IN BOOK 639 OF DEEDS, PAGE 192, IN FAVOR OF GEORGE D. HOFFMAN AND WIFE. (PLOTTED) ©— ITEM 6 - THE COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS AFFECTING THE EAST HALF OF LOT 11, ALL OF LOT 12 AND THE WEST HALF OF "M" STREET ADJOINING SAID LOT 12, AS CONTAINED IN DEEDS FOR LOTS 11 AND 12 AND 26, FROM ROBERT N. PRICK AND WIFE TO GEORGE D. HOFFMAN AND WIFE, RECORDED MARCH 25, 1926 IN BOOK 639, PAGE 192 OF DEEDS AND RECORDED MARCH 30. 1929 IN BOOK 258, PAGE 257 OF OFFICIAL RECORDS, AND AS MODIFIED AS TO LOT 11 AND OTHER LAND BY AGREEMENT BETWEEN ROBERT N. PRICK AND WIFE AND GEORGE D. HOFFMAN AND WIFE, RECORDED JULY 12. 1926 IN BOOK 659, PAGE 258 OF DEEDS. (PLOTTED) ITEM 9 - COVENANTS, CONDITIONS, AND RESTRICTIONS AS SET FORTH IN AN INSTRUMENT. RECORDED �. APRIL 16, 1993 AS INSTRUMENT NO. 93-250570, OF OFFICIAL RECORDS (PLOTTED) 10— ITEM 10 - THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "ENCROACHMENT AGREEMENT" RECORDED MAY 18, 1993 AS INSTRUMENT NO. 93-333756, OF OFFICIAL RECORDS. EXECUTED BY AND BETWEEN BAYFRONT AT BALBOA HOMEOWNERS ASSOCIATION AND THE CITY OF NEWPORT BEACH. (PLOTTED) 6A— ITEM 6A - THE COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS RECORDED IN BOOK 632, PAGE 139 OF DEEDS AND MODIFIED BY AN INSTRUMENT RECORDED IN BOOK 659, 139 OF DEEDS.. (PLOTTED) gA— ITEM 9A- AN EASEMENT FOR PUBLIC UTILITIES AND RIGHTS INCIDENTAL THERETO IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION AS SET FORTH IN DOCUMENT RECORDED AUGUST 6, 1986 , AS INSTRUMENT NO. 86-346423, O.R. (PLOTTED) ASS ANAL LAND JG WM.ALAN o * BROOKS * PREPARED Of ME Ot IT�Z j g MY DIRECTION ON.' 9 i No. 6921 SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, 9TF FO�� I 1 RESTRICTIONS,RESERVATIONS,RIGHTS,RIGHTS OF OF CAII\ AJM' WAY,AND OTHER MATTERS OFRECORD,IFANY. Wrn Alan Brooks LS 6129 JN 18140 20 Zoning Administrator-December 12,2019 Item No.3a Additional Materials Received Bay House 2100,LLC Lot Line Adjustment(PA2019-229) Lee, Amanda Subject: FW: Comment on 12/12/2019 ZA Item 3 -- Bay House 2100, LLC Lot Line Adjustment (PA2019-229) From:Jim Mosher<jimmosher@Vahoo.com> Sent: Wednesday, December 11, 2019 1:52 PM To: Campbell,Jim <JCampbell@newportbeachca.aov> Cc: Lee, David <dlee@newportbeachca.gov> Subject: Comment on 12/12/2019 ZA Item 3-- Bay House 2100, LLC Lot Line Adjustment (PA2019-229) Dear Zoning Administrator Campbell, Regarding Item 3 on the December 12, 2019, City of Newport Beach Zoning Administrator agenda, I believe the statement in Section 1.4 of the proposed Resolution of Approval is incorrect in saying that "A coastal development permit is not required because 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." As explained by our California Supreme Court in Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles, 55 CalAth 783 (2012), acts of subdivision, like lot line adjustments, are coastal development by definition, independent of whether they change density or intensity. See, for example, Item Th15a on the Coastal Commission's December 12 agenda. I believe the Supreme Court's opinion overrides any definition of"development" in the City's LCP that might suggest a different interpretation of the Coastal Act. I therefore believe a coastal development permit, and the findings for granting one, are, in this case, necessary in addition to, and separately from, the findings of NBMC Section 19.76.020. Yours sincerely, Jim Mosher t