HomeMy WebLinkAbout03 - 1200 W Ocean Front Lot Line Adjustment - PA2013-062COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915
(949) 644 -3200 Fax: (949) 644 -3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 16, 2013
Agenda Item No. 3
SUBJECT: 1200 W. Ocean Front Lot Line Adjustment - (PA2013 -062)
1200 W. Ocean Front
Lot Line Adjustment No. LA2013 -003
APPLICANT: Shirish J. and Sandhya Shirish Shah, Property Owners
PLANNER: Jason Van Patten, Planning Technician
(949) 644 -3234, jvanpatten @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: R -1 (Single -Unit Residential)
• General Plan: RS -D (Single -Unit Residential Detached)
PROJECT SUMMARY
A lot line adjustment application to adjust the underlying legal lot line between two
contiguous lots. The existing single - family residence with detached garage and
detached carport were previously developed across two legal lots. The applicant is
requesting to shift the interior lot line between the two lots 3 -feet to the northwest to
allow the subject residence to occupy a single parcel and enable future development of
the adjacent parcel for single -unit residential development. Land taken from Lot 2 will be
added to Lot 1. There will be no change in the number of lots.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Lot Line Adjustment
No. LA2013 -003 (Attachment No. ZA 1).
1
2
1200 W. Ocean Front Lot Line Adjustment
May 16, 2013
Page 2
• The applicant requests to adjust the interior lot line between two contiguous lots
located in the R -1 Zoning District (Single -Unit Residential). The subject property
and those within the vicinity are developed with single -unit residences.
• The General Plan designates the subject property as Single -Unit Residential
Detached (RS -D) which is intended for detached single - family residential
dwelling units on a single legal lot and does not include condominiums or
cooperative housing.
• The property was previously improved with a single - family residence, detached
garage, and detached carport that were constructed across two legal lots.
• The proposed lot line adjustment would take approximately 308 square -feet of
land from Lot 2, Block 12, Tract Map 234 and add to Lot 1, Block 12, Tract Map
234. The resulting net area of the proposed Parcel 1 would be 4,043 square -feet
and 3,428 square -feet for the proposed Parcel 2. The lot line adjustment would
allow the existing single - family residence to be located entirely on the proposed
Parcel 1 and enable future development of the proposed Parcel 2 for single -unit
residential purposes. The minor boundary adjustment will have no impact with
access to the subject properties from West Ocean Front and to the alley at the
rear.
• The number of parcels will remain unchanged as a result of the boundary
adjustment.
ENVIRONMENTAL REVIEW
The project has been reviewed, and qualifies for a Class 5 (Minor Alterations in Land Use
Limitations) categorical exemption pursuant to Title 14 of the California Code of
Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act). The Class 5 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 is consistent with all of the requirements of the Class 5
exemption.
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-
TmpIt:03 -21 -13
1200 W. Ocean Front Lot Line Adjustment
May 16, 2013
Page 3
way and waterways) including the applicant and posted on the subject property at least
10 days prior to the decision date, 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 ten (10) days
following the date the action or decision was rendered. For additional information on filing
an appeal, contact the Planning Division at (949) 644 -3200.
Prepared by:
R
Jas Van Patten
Planning Technician
JGljvp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Lot Line Adjustment Exhibits
TmpIt:03 -21 -13
4
Attachment No. ZA 1
Draft Resolution
5
0
RESOLUTION NO. ZA2013 -0 ##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT LINE
ADJUSTMENT NO. LA2013 -003 TO ADJUST THE BOUNDARIES
OF PARCELS LOCATED AT 1200 WEST OCEAN FRONT
(PA2013 -062)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Shirish J. and Sandhya Shirish Shah, property owners, with
respect to property located at 1200 West Ocean Front, and legally described as Lots 1
and 2 in Block 12 of Tract 234 as shown on a Map Recorded in Book 13, Pages 36 and
37 of Miscellaneous Maps, Records of Orange County California, requesting approval of
a lot line adjustment.
2. The applicant proposes to adjust the interior lot line between contiguous parcels of land
3 -feet to the northwest. The existing single - family residence, detached garage, and
detached carport were developed across two legal parcels of land. The boundary
adjustment would take land from Lot 2 and add to Lot 1 allowing the subject residence
to be located on one single parcel of land, the proposed Parcel 1, and enable future
development of the proposed Parcel 2 for single -unit residential purposes.
3. The proposed lot line adjustment would take approximately 308 square -feet of land
from Lot 2, Block 12, Tract Map 234 and add to Lot 1, Block 12, Tract Map 234. The
resulting net area of the proposed Parcel 1 would be 4,043 square -feet and 3,428
square -feet for the proposed Parcel 2.
4. The subject property is located within the Single -Unit Residential (R -1) Zoning District
and the General Plan Land Use Element category is Single -Unit Residential Detached
(RS -D).
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single -Unit Residential Detached (RSD -C).
6. A public hearing was held on May 16, 2013 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.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project has been reviewed, and qualifies for a Class 5 (Minor Alterations in Land Use
Limitations) categorical exemption pursuant to Title 14 of the California Code of
W
Zoning Administrator Resolution No. ZA2013 -0 ##
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Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act).
2. The Class 5 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 will not change the
number of existing parcels, will not result in any change in use or density, and is
consistent with all of the requirements of the Class 5 exemption.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 19.76.020 (Procedures for Lot Line Adjustments) of the Newport
Beach Municipal Code, the following findings and facts in support of such findings are set
forth:
Finding:
A. Approval of the lot line adjustment will not, under the circumstances of the particular
case, be detrimental to the health, safety, peace, comfort, and general welfare of
persons residing or working in the neighborhood of such proposed use or be
detrimental or injurious to property and improvements in the neighborhood or the
general welfare of the City, and further that the proposed lot line adjustment is
consistent with the legislative intent of this title.
Facts in Support of Finding:
A -1. The proposed lot line adjustment will not change the single -unit residential use of the
lots affected, and will maintain consistency with the General Plan Land Use
Designation, Single -Unit Residential Detached (RS -D), which is intended for detached
single - family residential dwelling units on a single lot.
A -2. The lot line adjustment will not result in a development pattern which is inconsistent
with the surrounding neighborhood as the request is to accommodate an existing
single - family residential property on one single parcel, and allow for a future single -unit
development on an adjacent parcel which is consistent with the General Plan Land
Use Plan and zoning designations.
A -3. The proposed lot line adjustment is consistent with the purpose identified in Chapter
19.76 (Lot Line Adjustments) of the Newport Beach Municipal Code. The lot line
adjustment constitutes a minor boundary adjustment involving two adjacent lots where
the land taken from one lot is added to an adjacent lot. The original number of lots will
remain unchanged after the adjustment.
A -4. The subdivision is consistent with the General Plan, does not affect open space areas
in the City, does not negatively impact surrounding land owners in as much as it
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Zoning Administrator Resolution No. ZA2013 -0 ##
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affects an interior lot line between two adjacent lots, and will not in itself be detrimental
to the health, safety, peace, comfort, and general welfare of persons residing or
working in the neighborhood.
A -5. Public improvements and infrastructure currently exist within the neighborhood and the
lot line adjustment, in and of itself, will not result in the need for additional
improvements and /or facilities.
Finding:
B. The number of parcels resulting from the lot line adjustment remains the same as
before the lot line adjustment.
Facts in Support of Finding:
B -1. The subject residence was originally constructed across two legal lots, Lot 1 and Lot 2
in Block 12 of Tract 234. The proposed lot line adjustment will adjust the interior lot line
between two adjacent legal lots, taking land from Lot 2 and adding it to Lot 1. No
additional lots will result from the adjustment and the number 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:
C -1. The lot line adjustment will take approximately 308 square -feet of land from Lot 2 and
add to Lot 1. The resulting net areas of the proposed Parcel 1 and 2, which are 4,043
square -feet and 3,428 square -feet, respectively, is consistent with the range of lot
sizes in the vicinity within Block 12, Tract 234.
C -2. The proposed parcels comply with all applicable zoning regulations, are not more
nonconforming as to lot width, depth and area than the parcels that existed prior to the
lot line adjustment, and there will be no change in allowed land uses, density, or
intensity on the properties.
Finding:
D. Neither the lots as adjusted nor adjoining parcels will be deprived of legal access as a
result of the lot line adjustment.
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Zoning Administrator Resolution No. ZA2013 -0 ##
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Facts in Support of Finding:
D -1. In as much as the adjustment affects the interior lot line between two adjacent lots,
adequate access to the subject residence from West Ocean Front and the alley at the
rear is not affected by the lot line 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.
Facts in Support of Finding:
E -1. The final configuration of the lots involved will not result in the loss of direct vehicular
access from any street for any lots included in the lot line adjustment. Vehicular
access to the existing residential property is taken from the adjacent alley and the final
configuration will not change this.
Finding:
F. 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.
Facts in Support of Finding:
F -1. The final configuration of both lots does not result in a requirement for revised setbacks
since the lots are not proposed to be reoriented. The required setbacks in effect for lots in
the R -1 Zoning District shall continue to apply to the adjusted lots per the Zoning Code,
just as they applied to the previous lot configuration.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line
Adjustment No. LA2013 -003 (PA2013 -062), subject to the conditions set forth in
Exhibit A, which is attached hereto and incorporated by reference.
2. This action shall become final and effective ten days after the adoption of this
Resolution unless within such time an appeal is filed with the Director of Community
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Zoning Administrator Resolution No. ZA2013 -0 ##
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Development in accordance with the provisions of Title 19 Subdivisions, of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 161h DAY OF MAY, 2013.
I --ya
Brenda Wisneski, AICP, Zoning Administrator
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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. Prior to the release for recordation of the lot line adjustment, the applicant shall apply for
a building permit to remove the detached carport, and all work fulfilling this requirement
shall be completed and finaled by the Building Division.
3. Prior to the release for recordation of the lot line adjustment, the applicant shall apply for
a building permit to remove non - conforming encroachments from the required side -yard
setbacks of the proposed Parcel 1, and all work fulfilling this requirement shall be
completed and finaled by the Building Division.
4. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department for construction or demolition. The construction plans must comply
with the most recent, City- adopted version of the California Building Code. The
construction plans must meet all applicable State Disabilities Access requirements.
5. 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 1200 W. Ocean Front lot line adjustment including,
but not limited to, Lot Line Adjustment No. LA2013 -003 (PA2013 -062). 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.
6. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved
in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
12
Attachment No. ZA 2
Vicinity Map
13
0 103fl
Lot Line Adjustment No. LA2013 -003
PA2013 -062
1200 W. Ocean Front
14
Attachment No. ZA 3
Lot Line Adjustment Exhibits
1.5
10
EXHIBIT "A" SHEET 1 OF 3
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT LA 2013 -
(LEGAL DESCRIPTION)
OWNERS
EXISTING PARCELS AP NUMBER
PROPOSED PARCELS.
REFERENCE NUMBER
SHIRISH & SANDHYA
PARCEL 1
SHAH
047 - 241 -14
SHIRISH & SANDHYA
SHAH
047 - 241 -14
PARCEL 2
PARCEL 1:
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS:
LOT 1 IN BLOCK 12 OF TRACT No. 234, AS SHOWN ON A MAP FILED IN BOOK
13, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
TOGETHER WITH
THE WESTERLY 3.00 FEET OF LOT 2 IN BLOCK 12 OF TRACT No. 234, AS SHOWN
ON A MAP FILED IN BOOK 13, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALFORNIA THE EASTERLY LINE OF SAID WESTERLY 3,00 FEET
BEING 39.44 FEET PERPENDICULAR TO AND PARALLEL WITH THE WESTERLY LINE
OF LOT 1 IN BLOCK 12 OF TRACT No. 234, AS SHOWN ON A MAP FILED IN
BOOK 13, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA,
AREA= 4,043 SQ. FT MORE OR LESS
PARCEL 2:
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS1
LOT 2 IN BLOCK 12 OF TRACT No. 234, AS SHOWN ON A MAP RECORDED
IN BOOK 13, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA,
EXCEPTING
THE WESTERLY 3.00 FEET OF LOT 2 IN BLOCK 12 OF TRACT No. 234, AS SHOWN
ON A MAP FILED IN BOOK 13, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALFORNIA THE EASTERLY LINE OF SAID WESTERLY 3.00 FEET
BEING 39.44 FEET PERPENDICULAR TO AND PARALLEL WITH THE WESTERLY LINE
OF LOT 1 IN BLOCK 12 OF TRACT No. 234, AS SHOWN ON A MAP FILED IN
BOOK 13, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
AREA= 3,428 SQ. FT MORE OR LESS
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RON MIEDEMA L.S. 4653 j ��� o o N
REGISTRATION EXPIRES 9 -30 -2013 S'. F a N r
)ATE 03 -11 -2013 � ���� � a � CO
EXHIBIT "B" SHEET 2 OF 3
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT LA. 2013 -
(MAP)
OWNERS
EXISTING PARCELS AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBER
SHIRISH & SANDHYA
PARCEL 1
SHAH
047 - 241 -14
SHIRISH & SANDHYA
SHAH
047 - 241 -14
PARCEL 2
OCEANFRONT
N72 °31'30 "W 39.44'
N72 031'30 "W 33.44'
4'
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NORTH 20'
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LEGEND:
CENTER LINE OF STREETS
- - - - - - OLD LOT LINE TO BE REMOVED
PROPOSED PARCEL 1 LINE
EXISTING LOT LINE TO REMAIN
PREPARED BY
RON MIEDEMA L.S. 4653
REGISTRATION EXPIRES 9 -30 -2013
)ATE: 03 -11 -2013
12
EXHIBIT "C° SHEET 3 OF 3
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT LA, 2013 -
(SITE PLAN)
OWNERS
EXISTING PARCELS AP NUM13EF
PROPOSED PARCELS
REFERENCE NUMBER
SHIRISH & SANDHYA
PARCEL 1
SHAH
047 - 241 -14
SHIRISH & SANDHYA
SHAH
047 - 241 -14
PARCEL 2
OCEANFRONT
N72 °31'30 "W 39.44'
N72 °31'30 "W 33.44'
p
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_
14.3
5.06'
NORTH 20 '
3.3'
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3.1'
Na 234
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SCALE 1' =20'
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— CENTER LINE OF STREETS
– – – – – – OLD LOT LINE TO BE REMOVED
PROPOSED PARCEL 1 LINE
EXI,,STING OT LINE TO REMAIN
PREPARED B' / ___________
RON MIEDEMA L.S. 4653
DATES 03 -11 -2013 REGISTRATION EXPIRES 9 -30 -2013
:,
19
Items B, 1,2,3,4 and 5: Additional Materials
Zoning Administrator Hearing May 16, 2013
Comments on May 16, 2013 Zoning Administrator agenda - Jim Mosher Page 2 of 3
CItem C.3. 1200 W. Ocean Front Lot Line Adjustment (PA2013 -062)
Comments on Draft Resolution (Attachment No. ZA 1):
1. Section 3.A.:
a. Isn't the loss of parking for the existing residence going to have an impact on the
neighborhood?
2. Section 3.C.:
a. The resolution does not make clear what lot area and dimensions are required to
be conforming, and hence whether the new lots will be more or less conforming
than they are now. The lot line adjustment exhibits in Attachment No. ZA 3,
similarly fail to identify the width of the proposed Parcel 2.
b. Is it correct to guess they were originally equal at 36.44 feet wide, and that with
3.0 feet taken away, Parcel 2 will be 33.44 feet wide?
c. What is the minimum conforming lot area?
3. Exhibit "A" : Conditions of Approval
a. Should there be a condition requiring markers to be placed memorializing the
new lot line?
b. Why is the existing carport being required to be demolished, but not the existing
garage? Is the garage, with zero setback from the alley, conforming?
c. Will additional parking need to be provided on Parcel 1 to make up for the loss of
the carport?
4. Lot Line Adjustment Exhibits (Attachment No. ZA 3):
a. I assume that most of the heavy black line ( "Proposed Parcel 1 Line ") was
intended to be drawn as a dashed line signifying "Existing Lot Line to Remain."
b. Wouldn't "Proposed Parcel 1 Line" be better described as "Proposed Parcel 1 -
Parcel 2 Boundary Line "?
5. General comments:
a. Presumably this application would not have been made unless the applicants
had plans to develop Parcel 2. Is it possible they are planning to demolish and
rebuild Parcel 1 at the same time? If so, would it not be better to leave the line
where it is, retaining lots with equal sizes?
b. Since the City of Newport Beach currently lacks the authority to make findings of
consistency with the Coastal Act, to comply with the California Supreme Court
opinion in Pacific Palisades Bowl Mobile Estates, LLC v_ City of Los Angeles, 55
CalAth 783 (2012), it would seem the applicants need to apply for a Coastal
Development Permit and receive either a permit, or waiver, before the lot line
adjustment becomes final.
I 4. West Marine Comprehensive Sign Program (PA2013 -056)
Comments on Dra lutioent No. ZA 1):
1. Section 1.4.: "The subject prop to within the � Coastal Zone."
2. Section 3.1:
a. A -1: "The structure which the signs are pro to be located on is the anchor
retail building ..."
b. B -3: A statement is offered justifying "the two signs proposed on est
elevation." Does an additional justification need to be offered for the sign
east elevation?