HomeMy WebLinkAbout02_Ritner Group Lot Line Adjustment_PA2018-026CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 23, 2018
Agenda Item No. 2
SUBJECT: Ritner Group Lot Line Adjustment (PA2018-026)
Lot Line Adjustment No. LA2018-001
SITE LOCATION: 1604 and 1610 South Bay Front
APPLICANT: Ritner Group, Inc.
OWNER: Barbara Grimm-Marshall
PLANNER: Chelsea Crager, Associate Planner
949-644-3227, ccrager@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
General Plan: RT (Two-Unit Residential)
Zoning District : R-BI (Two-Unit Residential, Balboa Island)
PROJECT SUMMARY
A lot line adjustment application to adjust the interior boundary by 10 feet between two
contiguous parcels. Land taken from 1604 South Bay Front will be added to 1610 South Bay
Front. 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 (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. LA2018-001 (Attachment No. ZA 1).
DISCUSSION
The applicant requests to adjust lot lines between two contiguous lots located
within the R-BI (Balboa Island) Zoning District. Both parcels are currently vacant.
Little Balboa Island is primarily developed with single and two-unit developments.
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The General Plan designates the subject properties as RT (Two -Unit Residential)
which applies to a range of two family residential dwelling units such as duplexes
and townhomes
Certificates of Compliance were previously recorded establishing that the 1604
South Bay Front parcel and the 1610 South Bay Front parcel were legally created
in compliance with the Subdivision Map Act and the City’s subdivision ordinance
in effect at the time of the parcels’ creation.
The proposed lot line adjustment will shift the interior property line between two
legal parcels 10 feet to the west. Land taken from the 1604 South Bay Front parcel
will be added to the 1610 South Bay Front parcel.
The existing parcel area of 1610 South Bay Front is approximately 3,400 square
feet. The proposed lot line adjustment will increase the parcel area to 4,250 square
feet. The existing parcel area of 1604 South Bay Front is approximately 6,800
square feet. The proposed lot line adjustment will decrease the parcel area to
5,950 square feet.
The minor boundary adjustment will have no impact on access to or use of the
affected properties.
The proposed parcels are not more nonconforming as to lot width, depth, and area
than the parcels that currently exist prior to the lot line adjustment, and there will
be no change in allowed land uses, density, or intensity on the properties.
Existing and future development of both lots will continue to be required to comply
with all applicable development standards specified by the R-BI Zoning District.
ENVIRONMENTAL REVIEW
This project is categorically exempt under Section 15305 of the State California
Environmental Quality Act (CEQA) Guidelines – Class 5 (Minor Alterations in Land Use
Limitations). This exemption consists of minor alterations in land use limitations in area 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
a 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 1610 South Bay Front. There will be
no change in the land use, density, or intensity of either parcel.
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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:
GBR/cc
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. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT LINE
ADJUSTMENT NO. LA2018-001 FOR A LOT LINE ADJUSTMENT
LOCATED AT 1604 AND 1610 SOUTH BAY FRONT (PA2018-026)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Ritner Group, Inc., with respect to property located at 1604 and
1610 South Bay Front, and legally described as Lots 3 and 4 and the Westerly 20 feet of
Lot 5 in Block 2 of Section 5, Balboa Island in the City of Newport Beach (Certificate of
Compliance 2013-016), and Lot 6 and the Easterly 10 feet of Lot 5 in Block 2 of Section 5,
Balboa Island in the City of Newport Beach (Certificate of Compliance 2013-137),
respectively, requesting approval of a lot line adjustment.
2. The applicant requests a lot line adjustment application to adjust the interior boundary by
10 feet between two contiguous parcels. Land taken from 1604 South Bay Front will be
added to 1610 South Bay Front. There will be no change in the number of parcels.
3. The subject properties are located within the Balboa Island (R-BI) Zoning District and the
General Plan Land Use Element category is Two-Unit Residential (RT).
4. The subject properties are located within the Coastal Zone. The Coastal Land Use Plan
category is Two-Unit residential (RT-E).
5. A public hearing was held on August 23, 2018 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, 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 parcel. The proposed lot line adjustment affects the shared property
line between two parcels. There will be no change in land use, density, or intensity.
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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 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 at 1604 and 1610 South Bay Front are currently vacant and were
previously developed with residential uses. The proposed lot line adjustment will not
change the existing General Plan land use and zoning district of either of the two
parcels.
2. The proposed lot line adjustment will not result in a development pattern that is
inconsistent with the surrounding neighborhood. Little Balboa Island is primarily
developed with single and two-unit developments. Both properties will continue to
allow for single-unit and two-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-BI (Balboa Island) Zoning
Districts.
4. The proposed lot line adjustment is consistent with the purpose identified in Chapter
19.76 (Lot Line Adjustment) of the Newport Beach Municipal Code. The lot line
adjustment constitutes a minor boundary adjustment involving two (2) adjacent lots
where land taken from one lot and added to an adjacent lot. The original number of
lots will remain unchanged after the adjustment.
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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 parcels. The permitted 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.
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 lot line adjustment will take approximately 850 square feet of land from the 1604
South Bay Front parcel and add to the 1610 South Bay Front parcel. The resulting net
areas of the proposed parcels are 5,950 square feet and 4,250 square feet, respectively,
which complies with minimum lot area requirements in the R -BI Zoning District.
2. The proposed parcels will not become more nonconforming as to lot width, depth, and
area than the parcels that currently exist prior to the lot line adjustment. Minimum lot
width for corner lots in the R-BI Zoning District is 60 feet. The existing corner lot at 1610
South Bay Front is 40 feet in width, and is proposed to increase to 50 feet in width, which
is less nonconforming than the current condition. The existing lot at 1604 South Bay
Front is 80 feet in width, and is proposed to decrease to 70 feet in width, which conforms
with the minimum width requirement of 50 feet for interior lots in the R-BI 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.
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Fact in Support of Finding:
1. The proposed lot line adjustment affects the interior property lines between two (2)
adjacent parcels. Legal access to the subject properties from South Bay 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.
Fact in Support of Finding:
1. The final configuration of the parcels involved will not result in the loss of direct vehicular
access from the alley at the rear of each parcel.
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 sha ll 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 parcels does not result in a requirement for revised
setbacks since the lots are not proposed to be reoriented. The setbacks shall continue
to apply to the adjusted parcels per the Zoning Code in the same way they applied to
the previous parcel configuration. Therefore, the lot line adjustment does not result in
the reduction of any existing setbacks.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line
Adjustment No. LA2018-001, 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 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 Title 19 Subdivisions, of
the Newport Beach Municipal Code.
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PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF AUGUST, 2018.
_____________________________________
Patrick J. Alford, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
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. 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.
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 the Ritner Group Lot Line Adjustment including, but not limited to, Lot Line
Adjustment No. LA2018-001 (PA2018-026). 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. LA2018-001
PA2018-026
1604 and 1610 South Bay Front
Subject Properties
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Attachment No. ZA 3
Lot Line Adjustment Exhibits
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EXHIBIT "A"CITY OF NEWPORT BEACHLOT LINE ADJUSTMENT NO. LA ____-____(LEGAL DESCRIPTION)OWNEREXISTING PARCELAP NUMBERPROPOSED PARCELSREFERENCE NUMBERSWilliam R Barrett, Successor Trustee of the Bryan E. GrimmTrust dated September 28, 1992, William R Barrett,Successor Trustee of the Melissa D. Grimm Trust datedSeptember 28, 1992, and William R Barrett, SuccessorTrustee of the Catherine C. Grimm Trust dated September 28,1992, each as to an undivided 1/3 interest, as tenants incommon.050-182-11PARCEL 1William R Barrett, Successor Trustee of the Bryan E. GrimmTrust dated September 28, 1992, William R Barrett,Successor Trustee of the Melissa D. Grimm Trust datedSeptember 28, 1992, and William R Barrett, SuccessorTrustee of the Catherine C. Grimm Trust dated September 28,1992, each as to an undivided 1/3 interest, as tenants incommon.050-182-12PARCEL 2PARCEL 1:ALL OF LOTS 3 AND 4 TOGETHER WITH THE WESTERLY 10 FEET OF LOT 5 IN BLOCK 2 OF SECTION 5,BALBOA ISLAND, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, ASPER MAP RECORDED IN BOOK 8 PAGE 9 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTYRECORDER OF ORANGE COUNTY, CALIFORNIA,PARCEL 2:LOTS 5 AND 6 IN BLOCK 2 OF SECTION 5, BALBOA ISLAND, IN THE CITY OF NEWPORT BEACH, COUNTYOF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8 PAGE 9 OF MISCELLANEOUSMAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. EXCEPTING THEREFROMWESTERLY 10 FEET OF SAID LOT 5.PREPARED BY:5/14/18ROBIN B. HAMERS, RCE 31720 DATE14
1PARCEL 24250 SF NETPARCEL 15950 SF NETN0° 00' 00"W
85.00'N90° 00' 00"E70.00'N0° 00' 00"W
85.00'N90° 00' 00"E70.00'N0° 00' 00"W
85.00'N90° 00' 00"E50.00'N90° 00' 00"E50.00'40'10'15'
7'3'
CRYSTAL AVENUE
ALLEYALLEY
S. BAYFRONT6'4'22'10'10'EXHIBIT "B"CITY OF NEWPORT BEACHLOT LINE ADJUSTMENT NO. LA ____-____(MAP)OWNEREXISTING PARCELAP NUMBERPROPOSED PARCELSREFERENCE NUMBERSWilliam R Barrett, Successor Trustee of the Bryan E. Grimm Trust datedSeptember 28, 1992, William R Barrett, Successor Trustee of the Melissa D.Grimm Trust dated September 28, 1992, and William R Barrett, SuccessorTrustee of the Catherine C. Grimm Trust dated September 28, 1992, each as toan undivided 1/3 interest, as tenants in common.050-182-11PARCEL 1William R Barrett, Successor Trustee of the Bryan E. Grimm Trust datedSeptember 28, 1992, William R Barrett, Successor Trustee of the Melissa D.Grimm Trust dated September 28, 1992, and William R Barrett, SuccessorTrustee of the Catherine C. Grimm Trust dated September 28, 1992, each as toan undivided 1/3 interest, as tenants in common.050-182-12PARCEL 2PREPARED BY:5/14/18ROBIN B. HAMERS, RCE 31720 DATESCALE:1"=30'LEGEND:EX. LOT LINE TO REMAINLOT LINE TO BE MOVEDNEW LOT LINELOT LINE PER MM 8/9EASEMENT LINEEASEMENT LEGEND:1. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTALPURPOSES PER DEED RECORDED 1/22/2002 AS INST. NO.2002-55986, O.R.015
1PARCEL 24250 SF NETPARCEL 15950 SF NETN0° 00' 00"W
85.00'N90° 00' 00"E70.00'N0° 00' 00"W
85.00'N90° 00' 00"E70.00'N0° 00' 00"W
85.00'N90° 00' 00"E50.00'N90° 00' 00"E50.00'40'10'15'
7'3'
CRYSTAL AVENUE
ALLEYALLEY
S. BAYFRONT6'4'22'10'10'EXHIBIT "C"CITY OF NEWPORT BEACHLOT LINE ADJUSTMENT NO. LA ____-____(SITE PLAN)OWNEREXISTING PARCELAP NUMBERPROPOSED PARCELSREFERENCE NUMBERSWilliam R Barrett, Successor Trustee of the Bryan E. Grimm Trust datedSeptember 28, 1992, William R Barrett, Successor Trustee of the Melissa D.Grimm Trust dated September 28, 1992, and William R Barrett, SuccessorTrustee of the Catherine C. Grimm Trust dated September 28, 1992, each as toan undivided 1/3 interest, as tenants in common.050-182-11PARCEL 1William R Barrett, Successor Trustee of the Bryan E. Grimm Trust datedSeptember 28, 1992, William R Barrett, Successor Trustee of the Melissa D.Grimm Trust dated September 28, 1992, and William R Barrett, SuccessorTrustee of the Catherine C. Grimm Trust dated September 28, 1992, each as toan undivided 1/3 interest, as tenants in common.050-182-12PARCEL 2PREPARED BY:5/14/18ROBIN B. HAMERS, RCE 31720 DATESCALE:1"=30'LEGEND:EX. LOT LINE TO REMAINLOT LINE TO BE MOVEDNEW LOT LINELOT LINE PER MM 8/9EASEMENT LINE0EASEMENT LEGEND:1. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTALPURPOSES PER DEED RECORDED 1/22/2002 AS INST. NO.2002-55986, O.R.VACANTEX. ELEC. VAULTVACANT16