HomeMy WebLinkAbout04_Callas Lot Line Adjustment_PA2024-0148CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 27, 2024
Agenda Item No. 4
SUBJECT: Callas Lot Line Adjustment (PA2024-0148)
Lot Line Adjustment
SITE LOCATION: 700 and 714 Saint James Road
APPLICANT: Amber Miedema
OWNERS: Akis Vourakis and Adrian Callas
PLANNER: Laura Rodriguez, Planning Technician
949-644-3216, lrodriguez@newportbeachca.gov
LAND USE AND ZONING
General Plan: Single Unit Residential Detached (RS-D)
Zoning District: Single-Unit Residential (R-1)
PROJECT SUMMARY
A lot line adjustment application to adjust the shared interior property line between two
contiguous parcels. The lot line adjustment will result in approximately 1,900 square feet
being reallocated from 700 Saint James Road to 714 Saint James Road. 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. PA2024-0148 (Attachment No. ZA 1).
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DISCUSSION
The applicant proposes to adjust the boundary between two contiguous parcels
located on Saint James Road. Both properties are in the Single-Unit Residential (R-
1) Zoning District and designated as Single-Unit Residential Detached (RS-D) by the
General Plan Land Use Element.
The proposed lot line adjustment will change the interior property lines between
the subject properties and shift the common lot line approximately 35 feet westerly
into 700 Saint James Road (proposed as Parcel 1). This would reallocate
approximately 1,900 square feet of land from 700 Saint James Road to 714 Saint
James Road (proposed as Parcel 2) (see Figure 1, below).
Figure 1: Existing interior property line (red) and proposed adjusted property line (green)
The properties will continue to meet the minimum lot width standard of the Zoning
Code, which requires 60 feet for corner lots (700 Saint James Road) and 50 feet
for interior lots (714 Saint James Road). 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. The existing lot width of 700 Saint James Road is approximately 106 feet,
while 714 Saint James Road’s lot width is approximately 115 feet. As a result of
the lot line adjustment, the proposed lot width of 700 Saint James Road will be
approximately 89 feet, while 714 Saint James Road’s proposed lot width will be
approximately 133 feet, which is compliant with the zoning development standards.
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Both lots will maintain compliance with the Zoning Code’s minimum site area
requirements. Corner lots in the R-1 Zoning District are required to provide a
minimum lot area of 6,000 square feet, while interior lots are required to provide a
minimum lot area of 5,000 square feet. In this case, the lot area for 700 Saint
James Road decreases from 9,137 square feet to 7,266, while the lot area for 714
Saint Road increases from 8,742 square feet to 10,614 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 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. Legal access to the Properties is not
affected by the adjustment, as both Properties will continue to provide access
through Saint James Road (see Figure 2, below).
Figure 2: Access through Saint James Road
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%, 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 boundary adjustment affects the interior property
line between two parcels, which will result in a larger lot area for 714 Saint James Road.
700 St. James
(Parcel 1)
714 St. James
(Parcel 2)
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PUBLIC NOTICE
Notice of this hearing 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 meeting, 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:
____________________________
Laura Rodriguez, Planning Technician
DL/lr
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2024-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF NEWPORT BEACH, APPROVING LOT LINE
ADJUSTMENT TO ADJUST THE BOUNDARIES OF
PARCELS LOCATED AT 700 AND 714 SAINT JAMES ROAD
(PA2024-0148)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS
AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Amber Miedema, on behalf of Akis Vourakis and Adrian
Callas (Owners), with respect to the property located at 700 Saint James Road and
714 Saint James Road (Properties), and legally described as Lot 40 and Lot 39 of
Tract No. 1218 requesting approval of a lot line adjustment.
2.The Applicant proposes a lot line adjustment to adjust the shared interior property
line between the two contiguous parcels. The lot line adjustment will result in
approximately 1,900 square feet being reallocated from 700 Saint James Road to
714 Saint James Road. There will be no change in the number of parcels (Project).
3.The Properties are designated by the General Plan Land Use Element as Single Unit
Residential Detached (RS-D) and located within the Single-Unit Residential (R-1)
Zoning District.
4.The subject property is not located within the coastal zone.
5.A public hearing was held on November 27, 2024, online via Zoom. A notice of the
time, place, and purpose of the hearing was given in accordance with the Newport
Beach Municipal Code (NBMC). 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) under
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%, 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 parcels, which will result in a larger lot area for
714 Saint James Road.
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Zoning Administrator Resolution No. ZA2024-###
Page 2 of 6
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.
By 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 Properties are currently developed as single-unit residences. The proposed
lot line adjustment will not change the existing use of either property, nor will it
affect the General Plan Land Use and Zoning District categories for each parcel.
2.The proposed lot line adjustment will not result in a development pattern that is
inconsistent with the surrounding neighborhood. Both 700 Saint James Road and
714 Saint James Road will continue to allow for single-unit residences consistent
with the applicable General Plan Land Use and zoning designation.
3.The Project is consistent with the purpose identified in NBMC Chapter 19.76 (Lot
Line Adjustments). The lot line adjustment constitutes a minor boundary
adjustment involving two adjacent lots where land is taken from one lot and is
reallocated to an adjacent lot. The original number of lots will remain unchanged
after the adjustment.
4.The Project is consistent with the General Plan, does not negatively impact
surrounding landowners, 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
adjacent parcels.
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Zoning Administrator Resolution No. ZA2024-###
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 Project will adjust the interior property line between the two 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 700 Saint James Road and 714 Saint James Road 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. Future development on both lots will continue to be required to comply
with all applicable development standards specified in Title 20, Chapter 20.18
(Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD).
2.The proposed boundary adjustment will change the interior property line between
the Properties, reallocating approximately 1,900 square feet of land from 700 Saint
James Road to 714 Saint James Road. As a result of the adjustment, 714 Saint
James Road will have an increased floor area limit due to the increase in lot size.
3.The Properties will continue to meet the minimum lot width standard of the Zoning
Code, which requires 60 feet for corner lots (700 Saint James Road) and 50 feet
for interior lots (714 Saint James Road). 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. The existing lot width of 700 Saint James Road is approximately 106 feet,
while 714 Saint James Road’s lot width is approximately 115 feet. As a result of
the lot line adjustment, the proposed lot width of 700 Saint James Road will be
approximately 89 feet, while 714 Saint James Road’s proposed lot width will be
approximately 133 feet, which is compliant with the zoning development standards.
4.Both lots will continue to exceed the minimum site area requirements of the Zoning
Code. Corner lots in the R-1 Zoning District are required to provide a minimum lot
area of 6,000 square feet, while interior lots are required to provide a minimum lot
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Zoning Administrator Resolution No. ZA2024-###
Page 4 of 6
area of 5,000 square feet. In this case, the lot area for 700 Saint James Road
decreases from 9,137 square feet to 7,266, while the lot area for 714 Saint Road
increases from 8,742 square feet to 10,614 square feet.
5.The proposed lot line adjustment will not result in a change in allowed land uses,
density, or intensity on the properties.
Finding:
D.Neither the lots as adjusted nor adjoining parcels will be deprived legal access as
a result of the lot line adjustment.
Fact in Support of Finding:
1.The Project affects the interior property lines between two adjacent parcels. Legal
access to the Properties is not affected by the adjustment, as both Properties will
continue to provide access through Saint James Road.
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 Saint James Road. 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.
Facts 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.
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Zoning Administrator Resolution No. ZA2024-###
Page 5 of 6
2.There is no proposed zone change as a part of the Project.
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. The
exceptions to this categorical exemption under Section 15300.2 are not applicable.
2.The Zoning Administrator of the City of Newport Beach hereby approves Lot Line
Adjustment (PA2024-0148), subject to the conditions outlined 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 the provisions of Title 19 Subdivisions, of the
Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF NOVEMBER 2024.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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Zoning Administrator Resolution No. ZA2024-###
Page 6 of 6
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.Prior to final inspection of the building permit, the Lot Line Adjustment shall be
recorded.
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 Callas Lot
Line Adjustment, but not limited to, Lot Line Adjustment No. PA2024-0148. 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
(PA2024-0148)
700 and 714 Saint James Road
Subject Property
Subject Property
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Attachment No. ZA 3
Project Plans
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15
16
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November 27, 2024, Zoning Administrator Item 3 Comments
These comments on a Newport Beach Zoning Administrator agenda item are submitted by:
Jim Mosher (jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 4. Callas Lot Line Adjustment (PA2024-0148)
Handwritten page 3, Figure 2: This southward-looking oblique aerial photo is difficult to
correlate with the properties depicted in Figure 1 on page 2 or the Vicinity Map on page 13. I
suspect “700 St. James (Parcel 1)” is misidentified. I believe it may be the property with the
swimming pool, partially shown to the right of 714 Saint James Road, not the property to its left;
and that the upper end of the property line on the right hand side of 714 is proposed to be
swung to the right, ending a little beyond the apex above the pool, as shown by the red line
added below:
If this is correct, is the pool crossing the proposed new property line a problem?
Exhibit C on page 17 indicates the new lot line will clear the existing building on Parcel 1 by 10
feet, but does not address the pool.
.
Zoning Administrator - November 27, 2024 Item No. 4a - Additional Materials Received Callas Lot Line Adjustment (PA2024-0148)