HomeMy WebLinkAbout02 - Rutter Lot Line Adjustment - PA2014-081COMMUNITY 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
June 26, 2014
Agenda Item No. 2
SUBJECT: Rutter Lot Line Adjustment - (PA2014 -081)
212 Via Orvieto
Lot Line Adjustment No. LA2014 -001
APPLICANT: RJ Rutter
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 lot line between two contiguous
lots that were previously developed with a single - family dwelling. The applicant is
requesting to shift the interior lot line 2 feet to the north. Land taken from Lot 80 will be
added to Lot 81. 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. LA2014 -001 (Attachment No. ZA 1).
DISCUSSION
• The applicant proposes to adjust the interior lot line between two contiguous lots
located in the R -1 (Single -Unit Residential) Zoning District. The subject property
and those within the vicinity are developed with single -unit dwellings.
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Rutter Lot Line Adjustment
Zoning Administrator, June 26, 2014
Page 2
• The General Plan designates the subject properties as Single -Unit Residential
Detached (RS -D) which is intended for detached single - family residential
dwelling units on each legal lot.
• The property is currently improved with one single - family dwelling that is
constructed across two legal lots (Lots 80 and 81 of Tract No. 907). The dwelling
is proposed to be demolished, thereby allowing each legal lot to be developed
individually.
• The lot line adjustment would shift the interior lot line 2 feet to the north, taking
176 square feet of land from Lot 80 and adding to Lot 81. The resulting net area
would be 2,640 square feet for the proposed Parcel 1 (Exhibit B of Attachment
No. ZA 3) and 2,992 square feet for the proposed Parcel 2.
• The proposed parcels are consistent with the original lot sizes in the vicinity
which are typically 30 feet wide, 88 feet deep, and 2,640 square feet in area, but
as large as 35 feet wide, 88 feet deep, and 3,080 square feet in area. The
proposed parcels with lot widths of 30 feet and 34 feet and depths of 88 feet are
compatible with neighboring lots in width, depth, and area.
• The minor boundary adjustment will not impact access to the subject property
from Via Orvieto and Via Palermo.
• The number of parcels will remain unchanged as a result of the boundary
adjustment.
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). 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-
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.
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Rutter Lot Line Adjustment
Zoning Administrator, June 26, 2014
Page 3
APPEAL PERIOD
An appeal may be filed with the Community Development Director 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:
� I QNIV�
Jas Van Patten
Planning Technician
JM /jvp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Exhibits
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2014 -0 ##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT LINE
ADJUSTMENT NO. LA2014 -001 FOR PROPERTY LOCATED AT
212 VIA ORVIETO (PA2014 -081)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by RJ Rutter, with respect to property located at 212 Via Orvieto,
and legally described as Lots 80 and 81 of Tract No. 907 requesting approval of a lot line
adjustment.
2. The applicant proposes to adjust the interior lot line between contiguous parcels of land
2 feet to the north. The proposal would take 176 square feet of land from Lot 80 and
add to Lot 81. The resulting net area would be 2,640 square feet for the proposed
Parcel 1, and 2,992 square feet for the proposed Parcel 2. There will be no change in
the number of lots.
3. 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).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single -Unit Residential Detached (RSD -C).
5. A public hearing was held on June 26, 2014, 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. 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). 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.
2. The proposed lot line adjustment will not change the number of existing lots, will not
result in any change in use or density, and is consistent with all of the requirements of
the Class 5 exemption.
Zoning Administrator Resolution No. ZA2014 -0 ##
Paqe 2 of 5
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:
1. The proposed boundary adjustment will not change the single -unit residential use of
the property, 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.
2. The proposed boundary adjustment will not result in a development pattern which is
inconsistent with the surrounding neighborhood. Each of the resulting parcels will allow
for future single -unit development which is consistent with the single -unit General Plan
Land Use and Zoning designations.
3. The proposed boundary 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
land taken from one 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 affect open space areas
in the City, does not negatively impact surrounding land owners because the
adjustment 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.
Finding:
B. The number of parcels resulting from the lot line adjustment remains the same as
before the lot line adjustment.
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Zoning Administrator Resolution No. ZA2014 -0 ##
Paqe 3 of 5
Facts in Support of Finding:
1. The proposed boundary adjustment will shift the interior lot line between two adjacent
lots 2 feet to the north. 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:
1. The proposed boundary adjustment will take 176 square feet of land from Lot 80 and
add to Lot 81. The resulting net area would be 2,640 square feet for the proposed
Parcel 1 and 2,992 square feet for the proposed Parcel 2. The proposed parcels are
consistent with lot sizes in the vicinity which are typically 30 feet wide, 88 feet deep,
and 2,640 square feet in area, but as large as 35 feet wide, 88 feet deep, and 3,080
square feet in area.
2. The proposed parcels with lot widths of 30 feet and 34 feet and depths of 88 feet are
consistent with neighboring lots and comply with all applicable zoning regulations. The
proposed parcels are not more nonconforming as to lot width, depth and area than the
parcels that existed prior to the lot line adjustment and those in the vicinity, 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.
Facts in Support of Finding:
1. The proposed boundary adjustment affects the interior lot line between two adjacent
lots. Legal access to the subject property from Via Orvieto and Via Palermo 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.
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Zoning Administrator Resolution No. ZA2014 -0 ##
Facie 4of5
Facts in Support of Finding:
1. The final configuration of the proposed parcels does not result in the loss of direct
vehicular access from any street. Vehicular access to the existing property is taken
from Via Palermo 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:
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 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 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. LA2014 -001, 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 10 days following the date this Resolution
was adopted unless within such time an appeal is filed with the Director of Community
Development in accordance with the provisions of Title 19 Subdivisions, of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 26TH DAY OF JUNE, 2014.
0
Brenda Wisneski, AICP, Zoning Administrator
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Zoning Administrator Resolution No. ZA2014 -0 ##
Paqe 5 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved lot line
adjustment exhibits stamped and dated with the date of this approval. (Except as
modified by applicable conditions of approval.)
2. The applicant shall comply with all federal, state, and local laws unless specifically
waived or modified by the conditions of approval.
3. Prior to the release for recordation of the lot line adjustment, the applicant shall apply
for a building permit to remove the existing single - family dwelling 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. 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.
6. 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 Rutter Lot Line Adjustment including, but not limited
to, the LA2014 -001 (PA2014 -081). 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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20
Attachment No. ZA 3
Exhibits
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28
RECEIVE,
EXHIBIT "A" CoftfujV,7. cl�-
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CITY OF NEWPORT BEACH MAY
LOT LINE ADJUSTMENT NO. LA 2014 2 2 2014
OA,
(LEGAL DESCRIPTION) 14�WPORT la
OWNER
0960690 PAR
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. . .........
REFERENCE NUMBERS
RAYMOND J. RUTTER, TRUSTEE OF THE
RAYMOND J. RUTTER AND MELANIE RUTTER
423-232-06
PARCEL1
FAMILY TRUST, DATED 6-8-94
RAYMOND J. RUTTER, TRUSTEE Of THE
RAYMOND J. RUTTER AND MELANIE RUTTER
FAMILY TRUST, DATED 6-8-94
423-232-06
PARCEL 2
. . .........
A PROJECT CONSISTING OF AN ADJUSTMENT OF LOTS 80 AND 81 OF TRACT NO. 907,
IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36, INCLUSIVE,
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY
THIS REFERENCE MADE A PART HEREOF.
There may be easements of record delineated and referenced an the
underlying maps or there may be other recorded easements within the
area b-inp a�
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CITY OF NEWPORT BEACH
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RAYMOND J. RUTTER, TRUSTEE OF THE
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Zoning Administrator - June 26, 2014
Item Nos. II (Minutes), 2 and 3: Additional Materials Received
June 26, 2014, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher( immosher(a)yahoo.com ), 2210 Private Road, Newport Beach
92660 (949 -548 -6229)
ll: Approval of Minutes (June 12, 2014)
Suggested es:
1. Paragra he lives in the neighborhood and is familiar with the 66 an
R's 's and look o community."
2. Page 2, paragraph 3 from end: `15
inquired on the previous use of the
parking rule was ambiguous."
r of the public, Mr. Jim Mosher, spoke and
stated that the City's non - conforming
3. Page 3, last sentence: "She made the following chvng the Resolution: addition to
Condition No. 7 restricting the maximum number of outdoors to 8, addition to
Condition No. 11 to state that amplified music shall not be allowed Ptt4eoutdoor areas,
and addition to of Conditions No. 4 and No. 11 from the Police Departmen ort to
the Resolution.,,
Item No. 2. Rutter Lot Line Adjustment (PA2014 -081)
I believe that any kind of subdivision change within the Coastal Zone, including a lot line
adjustment, requires a Coastal Development Permit or a waiver of that requirement. To the
best of my knowledge, the City's Categorical Exclusion Order does not exempt lot changes.
No. 3. Petco Sign Modification (PA2014 -085)
I am unab view the staff report from home because NovusAgenda terminates downloads
after a little uncle o minutes and my internet connection is too slow to download the item in
that time.
From what I recall of the printed report I saw in the Planning Division lobby, I am strongly
opposed to this modification permit re4best as I see no need for a second identification sign.
A single sign on the fascia -like horizontal eleme f the building between the entry towers
would, I suspect, be consistent with the existing signs dards, more tasteful, and entirely
adequate. Surely visitors to the shopping center do not nee o signs to find the Petco
building, and having found the building do not need a sign on eac wer to figure out how to
get in.
In short, I see no need to deviate from what I assume are the existing sign standa and I feel
allowing a proliferation of unnecessary signs is not in the best interests of the commune