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HomeMy WebLinkAboutPA2022-0217_20221003_Discretionary Application Owner AffidavitCommunity Development Department Discretionary Application Owner's Affidavit 1. Check Permits Requested: D Approval-in-Concept -AIC # D Coastal Development Permit D Waiver for De Minimis Development D Coastal Residential Development D Condominium Conversion 0 Comprehensive Sign Program 0 Development Agreement D Development Plan D Lot Merger D Limited Term Permit - □ □ □ □ D Seasonal D < 90 day 0>90 days Modification Permit Off-Site Parking Agreement Planned Community Development Plan Planned Development Permit D Site Development Review -D Major D Minor Iii Lot Line Adjustment D Parcel Map 2. Project Address(es)/Assessor's Parcel No(s) jAPN 047-222-10 CITY OF NEWPOR1 St/1,(1-; 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment D Staff Approval D Tract Map D Traffic Study D Use Permit -□Minor □Conditional D Amendment to existing Use Permit D Variance 0 Amendment -□Code □PC □GP □LCP D Zoning Clearance -□ADU D Use D Other: 3. Project Description and Justification (Attach additional sheets if necessary): A lot lot line adjustment between a parcel owned by the City of Newport Beach and a parcel owned by the Orange County Sanitation District. See Attachment A, for detailed project description and justification. 4 P rt O , Aff"d "t* (I) (W ) The City of Newport Beach, a California municipal corporation and charter city . rope y wner s I av1 : e depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature(s): ~ ~ Title: I e;t, yi{~ loate: I ti/,-z./2,7.- MM1□01YEAR Signature(s): _______________ _ Title: '------------'Date:~----~ *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. Please note, the owner(s)' signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. \ \cnb.lcl\dala\Users\CDO\Sharedl.Admin\Planning_ 0ivision\Applicalions\Applicalion _ Guidelines\Planning Permit Owner's Aff a davit 2022.docx Rev: 07 /05/22 PA2022-0217 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 ) County of DRANbe ) On __ q_. _2_'2_·_'2._-Z. ___ before me, _J~E_N_N_lf_E_~ __ A~N~N-~fY\_U_L_V_t.._-1 ___ _ Date Here Insert Name and Title of the Officer personally appeared ____ (:;_RA __ t.E. ___ ~~--L_E_u_N_b ___________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfm"e- subscribed to the within instrument and acknowledged to me that late/she/~ executed the same in b.is,Lher/tl'tetr authorized capacity(i.es+,--cmd that by his,lher/tl-rei r signature~on the instrument the persorl4s), or the entity upon behalf of which the person(.s) acted, executed the instrument. > JENNIFER ANN MULVEY • ... -; Notary Public • C<llifornia : . • Oran1e County ~ • ~ Commission:/ 2375299 - My Comm, Expirl!S Oct 12, 2025 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------OPTIONAL --------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: __________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5907 PA2022-0217 ATTACHMENT A Lot Line Adjustment Project Description Orange County Sanitation District ("OC San") owns a 2,936 square foot parcel located at 1514 Balboa Boulevard West, Assessor Parcel Number ("APN") 047-222-09 (the "OC San Site"). In 2006, OC San built a pump station on the OC San Site, which pumps wastewater to higher ground. The pwnps and electrical equipment that comprise the pump station are situated above ground in a structure on the OC San Site that resembles a single-family home. The City of Newport Beach (the "City") owns a 5,872 square foot lot located at 1516 Balboa Boulevard West, APN 047-222-10 (the "City Site"). The City Site was formerly used as an electrical substation by Southern California Edison from at least 1929 to 2008. The City acquired the City Property from Southern California Edison in or around 2008. The City Property is currently developed vvith limited paving, lighting, and landscaping and is used as a portion of the parking lot for Marina Park. At the time that the City acquired the City Site from Southern California Edison, the City and OC San contemplated that the City would later sell 1,042 square feet of the City Site to OC San to enable OC San to enhance its pump station operations. The City and OC San have entered into an Agreement for Purchase and Sale of Real Property and Escrow Instructions dated August 2, 2022 (the "Purchase and Sale Agreement"), under which the City has agreed to sell, and OC San has agreed to buy the above-described 1,042 square foot portion of the City Parcel on the terms and conditions set forth therein. The proposed lot line adjustment is needed to revise the boundary line between the City Site and the OC San Site in accordance with Newport Beach Municipal Code Chapter 19.76. After the lot line adjustment is approved and the document is recorded, the size of the OC San Site would be 3,978 square feet and the size of the City Site would be 4,830 square feet. In the recitals to the Purchase and Sale Agreement, the City stated its finding that the sale of the 1,042 square feet of the City Property to OC San for use as part of OC San's pump station provides an essential or unique service to the community and promotes other goals of the City such as quality municipal utility services. The City further noted its finding that offering the 1,042 square feet of the City Property for sale at an open bid and potentially changing the user of that property or converting it to another use would not be of substantial benefit to the City. Lot Line Adjustment Justifications I. 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 this title. Approval of the lot line adjustment will not result in a physical change to either the OC San Site or the City Site and therefore will not be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood. The proposed lot line adjustment will not result in a change to the existing use of either site and LEGA L02/42 I 50230v4 PA2022-0217 as such will not be detrimental or injmious to property and improvements in the neighborhood or the general welfare of the City. Pursuant to Newport Beach Municipal Code Chapter 19.76, a lot line adjustment is a minor boundary adjustment involving four or fewer adjacent lots or parcels where the land taken from one parcel is added to an adjacent parcel with original number of parcels remaining unchanged after the adjustment. 2. The number of parcels resulting from the Lot Line Adjustment remains the same as before the Lot Line Adjustment. The proposed lot line adjustment is comprised of two legal parcels as shown on the assessor parcel map and will result in two legal parcels as described on Exhibit "A" Lot Line Adjustment. Both documents are included as part of the application package. 3. The Lot Line Adjustment is consistent with applicable zoning regulations except that nothing herein shall prohibit the approval of a Lot Line Adjustment so 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. The proposed lot line adjustment will not result m the creation of a lot that 1s nonconforming as to lot width, depth or area. 4. Neither the lots as adjusted nor adjoining parcels will be deprived of legal access as a result of the Lot Line Adjustment. Access to the OC San Site is via an improved 20-foot wide alley at the rear of the OC San Site and access to the City Site is via Balboa Boulevard West. None of the OC San Site, the City Site, nor the adjoining parcels will be deprived of legal access as a result of the proposed lot line adjustment. 5. 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. Direct vehicular access to the OC San Site is via an improved 20-foot wide alley adjacent to the rear of the OC San Site. Upon approval of the proposed lot line adjustment, the final configuration of the OC San Site will continue to have direct vehicular access from the improved 20-foot wide alley, and approval of the proposed the lot line adjustment will not result in the loss of direct vehicular access to the OC San Site. 6. That the final configuration of a reoriented lot does not result in any reduction of the street side 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 side setbacks for the reoriented lot. The Planning Commission and City Council, in approving the zone change application, shall determine that the street side setbacks are appropriate and are consistent and compatible with the surrounding pattern of development and existing adjacent setbacks. LEGAL02/<-12 I 50230v4 PA2022-0217 The proposed lot line adjustment does not involve any street side lot and approval of the proposed lot line adjustment will not result in the reduction of any street side setback. LEGAL02/42 l 50230v4 PA2022-0217 Community Development Department Discretionary Application Owner's Affidavit 1. Check Permits Requested: D Approval-in-Concept -AIC # D Coastal Development Permit D Waiver for De Minimis Development D Coastal Residential Development D Condominium Conversion D Comprehensive Sign Program D Development Agreement D Development Plan D Lot Merger D Limited Term Permit- D Seasonal D < 90 day 0>90 days D Modification Permit D Off-Site Parking Agreement D Planned Community Development Plan D Planned Development Permit D Site Development Review - D Major D Minor Iii Lot Line Adjustment D Parcel Map 2. Project Address(es)/Assessor's Parcel No(s) I APN 04 7-222-09 Cl 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment D Staff Approval D Tract Map D Traffic Study D Use Permit -□Minor □Conditional D Amendment to existing Use Permit D Variance □ Amendment -□Code □PC □GP □LCP D Zoning Clearance -□ADU D Use □ Other. 3. Project Description and Justification (Attach additional sheets if necessary): A lot lot line adjustment between a parcel owned by the City of Newport Beach and a parcel owned by the Orange County Sanitation District. See Attachment A, for detailed project description and justification. 4. Property Owner's Affidavit": (I) (Vve) I Orange County Sanitation District depose and say that (I am) {we are) the owner(s) of the property (ies) involved in this app[ication_ (I) 0/Ve) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in aD respects true and correct to the best of {my) {our) knowledge and berief. Signatura(s): ,£b .. wvFI'~ TIiie: I A'>" 1 b "-11 "-"' 1 "" sb..re-I 5 -1 '-\-a-J-v MM/DD/YEAR Signature(s): ______________ Title: I I Date: ,...I _____ _. *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. Please note, the owner(s)' signature for Parcellfract Map and Lot Line Adjustment Appfication must be notarized. PA2022-0217 ATTACHMENT A Lot Line Adjustment Project Description Orange County Sanitation District ("OC San") owns a 2,936 square foot parcel located at 1514 Balboa Boulevard West, Assessor Parcel Number ("APN") 047-222-09 (the "OC San Site"). In 2006, OC San built a pump station on the OC San Site, which pumps wastewater to higher ground. The pumps and electrical equipment that comprise the pump station are situated above ground in a structure on the OC San Site that resembles a single-family home. The City of Newport Beach (the "City") owns a 5,872 square foot lot located at 1516 Balboa Boulevard West, APN 047-222-10 (the "City Site"). The City Site was formerly used as an electrical substation by Southern California Edison from at least 1929 to 2008. The City acquired the City Property from Southern California Edison in or around 2008. The City Prope1iy is currently developed with limited paving, lighting, and landscaping and is used as a pmiion of the parking lot for Marina Park. At the time that the City acquired the City Site from Southern California Edison, the City and OC San contemplated that the City would later sell 1,042 square feet of the City Site to OC San to enable OC San to enhance its pump station operations. The City and OC San have entered into an Agreement for Purchase and Sale of Real Property and Escrow Instructions dated August 2, 2022 (the "Purchase and Sale Agreement"), under which the City has agreed to sell, and OC San has agreed to buy the above-described 1,042 square foot portion of the City Parcel on the terms and conditions set fmih therein. The proposed lot line adjustment is needed to revise the boundary line between the City Site and the OC San Site in accordance with Newport Beach Municipal Code Chapter 19.76. After the lot line adjustment is approved and the docmnent is recorded, the size of the OC San Site would be 3,978 square feet and the size of the City Site would be 4,830 square feet. In the recitals to the Purchase and Sale Agreement, the City stated its finding that the sale of the 1,042 square feet of the City Property to OC San for use as part of OC San's pump station provides an essential or unique service to the community and promotes other goals of the City such as quality municipal utility services. The City further noted its finding that offering the 1,042 square feet of the City Property for sale at an open bid and potentially changing the user of that property or converting it to another use would not be of substantial benefit to the City. Lot Line Adjustment Justifications 1. Approval of the Lot Line Adjustment will not, under the circmnstances of the paiiicular case, be detrimental to the health, safety, peace, comfmi, 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 this title. Approval of the lot line adjustment will not result in a physical change to either the OC San Site or the City Site and therefore will not be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood. The proposed lot line adjustment will not result in a change to the existing use of either site and LEGAL02/42 l 50230v4 PA2022-0217 as such will not be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Pursuant to Newport Beach Municipal Code Chapter 19.76, a lot line adjustment is a minor boundary adjustment involving four or fewer adjacent lots or parcels where the land taken from one parcel is added to an adjacent parcel with original number of parcels remaining unchanged after the adjustment. 2. The number of parcels resulting from the Lot Line Adjustment remains the same as before the Lot Line Adjustment. The proposed lot line adjustment is comprised of two legal parcels as shown on the assessor parcel map and will result in two legal parcels as described on Exhibit "A" Lot Line Adjustment. Both documents are included as part of the application package. 3. The Lot Line Adjustment is consistent with applicable zoning regulations except that nothing herein shall prohibit the approval of a Lot Line Adjustment so 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. The proposed lot line adjustment will not result m the creation of a lot that is nonconforming as to lot width, depth or area. 4. Neither the lots as adjusted nor adjoining parcels will be deprived of legal access as a result of the Lot Line Adjustment. Access to the OC San Site is via an improved 20-foot wide alley at the rear of the OC San Site and access to the City Site is via Balboa Boulevard West. None of the OC San Site, the City Site, nor the adjoining parcels will be deprived of legal access as a result of the proposed lot line adjustment. 5. 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. Direct vehicular access to the OC San Site is via an improved 20-foot wide alley adjacent to the rear of the OC San Site. Upon approval of the proposed lot line adjustment, the final configuration of the OC San Site will continue to have direct vehicular access from the improved 20-foot wide alley, and approval of the proposed the lot line adjustment will not result in the loss of direct vehicular access to the OC San Site. 6. That the final configuration of a reoriented lot does not result in any reduction of the street side 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 side setbacks for the reoriented lot. The Planning Commission and City Council, in approving the zone change application, shall determine that the street side setbacks are appropriate and are consistent and compatible with the surrounding pattern of development and existing adjacent setbacks. LEGAL02/42 l 50230v4 PA2022-0217 The proposed lot line adjustment does not involve any street side lot and approval of the proposed lot line adjustment will not result in the reduction of any street side setback. LEGAL02/42 I 50230v4 PA2022-0217 I:\Users\CDD\Shared\Admin\Planning_Division\Current_Templates\Office Use Only Form Updated 01/27/2020 2700-5000 Acct. Deposit Acct. No. ________________________ For Deposit Account: Fee Pd: _______________________________________ Receipt No: ____________________________ FOR OFFICE USE ONLY Date Filed: _______________________ APN No: __________________________ Council District No.: _________________ General Plan Designation: ____________ Zoning District: _____________________ Coastal Zone: Yes No Check #: __________ Visa MC Amex # ____________ CDM Residents Association and Chamber Community Association(s): _______________________ Development No: __________________________ _____________________________________________ Project No: ________________________________ _____________________________________________ Activity No: _______________________________ Related Permits: ___________________________ Remarks: ________________________________________________________________________________________