HomeMy WebLinkAbout20200312_ZA_Staff ReportCITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 12, 2020
Agenda Item No. 2
SUBJECT: Biggs Lot Line Adjustment (PA2019-232)
Lot Line Adjustment No. LA2019-003
SITE LOCATION: 408 Carlotta
APPLICANT: Dennis Biggs
OWNER: The Biggs Family Trust
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221 or mwhelan@newportbeachca.gov
LAND USE AND ZONING
x General Plan Land Use Plan Category: RS-A (Single-Unit Residential Attached),
OS (Open Space)
x Zoning District : R-1 (Single-Unit Residential), OS (Open Space)
PROJECT SUMMARY
A lot line adjustment to add approximately 600 square feet of homeowners' association
property (Lot 14) to a private residential property at 408 Carlotta (Lot 11). The subject
area is located at the entrance to the dwelling unit and and between the dwelling unit and
the garage (Lot 11G). There will be no change in the number of lots.
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. LA2019-003 (Attachment No. ZA 1).
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DISCUSSION
x The applicant requests to adjust lot lines between two contiguous lots in the
Eastbluff Community. The Eastbluff Community is developed with attached homes
in clusters of two to four units. The common homeowners’ association lot provides
for building separation and greenbelts between these clusters.
x The property at 408 Carlotta is currently developed with a single-family residence
on Lot 11 and a detached garage on Lot 11G. The adjacent Bluffs Homeowners
Association (HOA) property serves as common area between the dwelling units
and includes a greenbelt. Portions of the HOA property extend from the back of
curb towards the subject property; including the driveway, grass area in front of the
dwelling and the area between the dwelling (Lot 11) and the garage (Lot 11G)
x The property at 408 Carlotta is located within the R-1 (Single-Unit Residential)
Zoning District and the adjacent HOA property (Lot 14) is located within the OS
(Open Space) Zoning District. The General Plan Land Use designation of 408
Carlotta is Single-Unit Residential Attached (RS-A) and the Land Use designation
for Lot 14 is Open Space (OS). The existing single-family residence and adjacent
common areas on these sites are consistent with the Zoning District and General
Plan Land Use designation.
x The purpose of the Lot Line Adjustment is to create a larger lot at 408 Carlotta,
similar to other lot line adjustments that have been recorded throughout the
Eastbluff Community and to allow for wall and patio improvements at the entry.
Due to its location between the dwelling and the garage, the area in question
already functions as a private courtyard and entry area for the subject property.
x The proposed Lot Line Adjustment will shift the existing front property line of 408
Carlotta approximately 16 feet forward to include the grass area and concrete area
between the garage and the dwelling; and the grass area in front of the entrance
to the dwelling. This will reallocate approximately 600 square feet from the HOA
property to 408 Carlotta. The garage will remain on a separate lot (Lot 11G).
x The property at 408 Carlotta currently consists of 0.03 acres (1,338 square feet).
The proposed lot line adjustment would increase the area to 0.044 acres (1,938
square feet).
x The subject properties are located within the Eastbluff Community, which was
developed as a Planned Residential Development (PRD) in the early 1960s. Within
PRD sites, the maximum building coverage throughout the development shall not
exceed 40 percent of the land area being developed, exclusive of land area being
set aside for the rights-of-way of public or private streets.
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x According to Lot Line Adjustment No. LA 83-12, the total building coverage of the
subject tracts within the Eastbluff Community is approximately 36 percent of the
entire site, including the lot line adjustments. The proposed Lot Line Adjustment at
408 Carlotta will continue to maintain the minimum site area requirement of the
original Planned Residential Development, with a proposed lot area of 1,938
square feet. There are no minimum lot area requirements for properties within the
Open Space Zoning District.
x The existing HOA property (Lot 14) is 1.65 acres (71,955 square feet). The
proposed Lot Line Adjustment would reduce the area to 1.63 acres (71,355 square
feet). The boundary adjustment will have no impact on access to either property.
x 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.
Lot 11 will be expanded and Lot 14 will be reduced. The garage will remain on a
separate lot (Lot 11G).
x Future development at both lots will continue to be required to comply with all
applicable development standards specified by the R-1 (Single-Unit Residential)
and Open Space (OS) Zoning districts, respectively. Accessory structures are
permissible on the expanded parcel under the existing land use designations and
zoning districts.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15305 of the State CEQA (California
Environmental Quality Act) Guidelines under 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
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 lot at 408 Carlotta to match the existing lot lines
of similar parcels within the Eastbluff Community. There will be no change in land use,
density, or intensity.
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.
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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:
BMZ/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Lot Line Adjustment Exhibits
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LOT
LINE ADJUSTMENT NO. LA2019-003 FOR A LOT LINE
ADJUSTMENT GENERALLY LOCATED AT 408 CARLOTTA
(PA2019-232)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Dennis Biggs (“Applicant”), with respect to property held in
common by the Bluffs Homeowners’ Association (HOA) and private residential property
located at 408 Carlotta, and legally described as Lots 14, 11, and 11G of Tract No. 5463,
respectively, requesting approval of a lot line adjustment.
2. The Applicant proposes to add approximately 600 square feet of the Bluffs Homeowners
Association (HOA) property (Lot 14) to a private residential property at 408 Carlotta (Lot
11). The subject area is located at the entrance to the dwelling and between the dwelling
and the garage. There will be no change in the number of lots as a result of this application.
3. The subject property at 408 Carlotta is designated RS-A (Single-Unit Residential Attached)
by the General Plan Land Use Element and is located within the R-1 (Single-Unit
Residential) Zoning District. The adjacent HOA property is designated OS (Open Space)
by the General Plan Land Use Element and is located within the OS (Open Space) Zoning
District.
4. The subject property is not located within the coastal zone; therefore, a coastal
development permit is not required.
5. A public hearing was held on March 12, 2020, 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.
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.
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 but not limited to minor lot line adjustments not resulting in the creation of any new
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parcel. The proposed lot line adjustment affects the shared property line between two (2)
parcels and is for the purpose of creating a larger lot at 408 Carlotta to match the existing
lot lines of similar parcels within the Eastbluff Community. There will be no change in land
use, density, or intensity.
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 Newport Beach Municipal Code (NBMC) Section 19.76.020 (Procedures
for Lot Line Adjustments), 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 property at 408 Carlotta is currently developed with a single-family residence. The
adjacent HOA property serves as common area between the dwelling units and includes
a greenbelt. The proposed Lot Line Adjustment will not change the existing General Plan
Land Use or Zoning District of any of the two parcels.
2. The proposed Lot Line Adjustment will not result in a development pattern that is
inconsistent with the surrounding neighborhood. The Eastbluff Community is developed
with attached homes in clusters of two (2) to four (4) units. The common HOA lot
provides for building separation between these clusters. The 408 Carlotta property will
continue to allow for single-unit development consistent with the applicable General Plan
Land Use and Zoning designation. The lots will maintain their current Zoning and
General Plan designation and the uses will continue to be consistent with these
designations.
3. Future development at both lots will continue to be required to comply with all applicable
development standards specified by the R-1 (Single-Unit Residential) and Open Space
(OS) Zoning Districts, respectively. Accessory structures are permissible on the
expanded parcel under the existing land use designations and zoning districts.
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4. The proposed Lot Line Adjustment is consistent with the purpose identified in NBMC
Chapter 19.76 (Lot Line Adjustment). The Lot Line Adjustment constitutes a minor
boundary adjustment involving two (2) adjacent lots where land taken from one lot and
is added to an adjacent lot. The original number of lots will remain unchanged after the
adjustment. The garage will remain on a separate lot (Lot 11G).
5. The Lot Line Adjustment is consistent with the General Plan, and does not negatively
impact surrounding land owners, as the adjustment affects interior property lines
between two (2) adjacent lots. The existing land uses will remain and have not proven
to be detrimental to the health, safety, peace, comfort, and general welfare of persons
residing or working in the neighborhood.
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. The
garage will remain on a separate lot (Lot 11G).
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 408 Carlotta property (Lot 11) and associated garage (Lot 11G) is located within
the R-1 (Single Unit Residential) Zoning District, which is intended to permit attached
single-unit dwellings. The HOA property (Lot 14) is located within the OS (Open Space)
Zoning District, which is intended to maintain and protect open space areas. The
proposed lot line adjustment will not change the existing use of the parcels affected.
Future development at both lots will continue to be required to comply with all applicable
development standards specified by the R-1 (Single-Unit Residential) and Open Space
(OS) Zoning districts, respectively.
2. The proposed boundary adjustment will change the internal property lines between the
subject properties, reallocating approximately 600 square feet of land from Lot 14 to 408
Carlotta (Lot 11). The purpose of the lot line adjustment is to create a larger lot at 408
Carlotta to match the existing lot lines of similar parcels within the Eastbluff Community
and to allow for wall and patio improvements at the entry.
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3. The subject properties are located within the Eastbluff Community, which was
developed as a Planned Residential Development (PRD) in 1965. The proposed 408
Carlotta parcel will continue to maintain the minimum site area requirement of the
original PRD, with a proposed lot area of 1,938 square feet. There are no minimum lot
area requirements for properties within the OS Zoning District.
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 lots. Legal access to the two (2) properties will be maintained along Carlotta,
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 408 Carlotta is from Carlotta, and the final configuration will not
change. Vehicular access to the HOA property, Lot 14, is from Carlotta, Vista Del Oro,
and Vista Cajon 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 Planned Community Development.
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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. LA2019-003, 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 NBMC Title 19
Subdivisions.
PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF MARCH, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
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 exhibits
to the Public Works Department for final review.
3. 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 ind irectly) to City’s
approval of Biggs Lot Line Adjustment including, but not limited to, Lot Line Adjustment
LA2019-003 (PA2019-232). 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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Lot Line Adjustment No. LA2019-003
PA2019-232
408 Carlotta
Subject Property
(Lot 11)
Portion of HOA
property (Lot 14) to be
added to Subject
Property
Detached Garage
(Lot 11G)
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Attachment No. ZA 3
Lot Line Adjustment Exhibits
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