HomeMy WebLinkAbout03_Cameo Highlands Lot Line Adjustment_PA2020-080CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 12, 2020
Agenda Item No. 3
SUBJECT: Cameo Highlands Lot Line Adjustment (PA2020-080)
Lot Line Adjustment No. LA2020-003
SITE LOCATION: 4800 Surrey Drive, 716 and 722 Cameo Highlands Drive
APPLICANT: RDM Surveying
OWNERS:
Trustees of The Carey Living Trust
Trustees of The Atwood/Lindgren Trust
Trustees of The Skeie Family Revocable Trust
PLANNER: Afshin Atapour, Planning Technician
949-644-3212, aatapour@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached)
•Zoning District: R-1-6000 (Single-Unit Residential)
•Coastal Land Use Plan Category: RSD-A (Single Unit Residential Detached) – (0.0
–5.9 DU/AC)
•Coastal Zoning District: R-1-6000 (Single-Unit Residential)
PROJECT SUMMARY
A lot line adjustment to realign the rear property line between three residences located at
4800 Surrey Drive, 716 and 722 Cameo Highlands Drive. The lot line adjustment will shift
the existing rear property line between the three parcels towards the south, reallocating
approximately 1,019 square feet of land to 716 and 722 Cameo Highlands Drive.
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, California Code of Regulations, Title 14, Division 6, Chapter
3, 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. LA2020-003 (Attachment No. ZA 1)
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Cameo Highlands Lot Line Adjustment (PA2020-080)
Zoning Administrator, November 12, 2020
Page 2
DISCUSSION
•The applicant proposes to realign the rear property line between three residences
located between Surrey Drive and Cameo Highlands Drive. The three properties
located at 4800 Surrey Drive, 716 and 722 Cameo Highlands Drive are zoned Single-
Unit Residential (R-1-6000) and the General Plan Land Use Element category is
Single Unit Residential Detached (RS-D).
•The property at 4800 Surrey Drive contains a single-family residence originally
constructed in 1961. The property at 716 Cameo Highlands Drive contains a single-
family residence originally constructed in 1960. The property at 722 Cameo
Highlands Drive contains a single-family residence originally constructed in 1961.
•The proposed lot line adjustment will shift the existing rear property line between
the three parcels towards the south, reallocating approximately 1,019 square feet
of land of the property at 4800 Surrey Drive to 716 and 722 Cameo Highlands
Drive. The proposed lol line adjustment results from the existing rear and side
property line walls on 716 and 722 Cameo Highlands Drive that were constructed
on 4800 Surrey Drive.
•The existing area of 4800 Surrey Drive is approximately 13,806 square feet. The
proposed lot line adjustment would decrease the area to approximately 12,787
square feet (net decrease of 1,019 square feet). The existing area of 716 Cameo
Highlands Drive is approximately 7,678 square feet and the proposed lot line
adjustment would increase the area to approximately 7,987 square feet (net increase
of 309 square feet). The existing area of 722 Cameo Highlands Drive is
approximately 7,752 square feet and the proposed lot line adjustment would increase
the area to approximately 8,462 square feet (net increase of 710 square feet).
•The proposed lot line adjustment will not change the existing use or allowable
intensity or density, of either property. The number of parcels will remain
unchanged.
•The proposed lot line adjustment will not result in a development pattern that is
inconsistent with the surrounding neighborhood. All three properties will continue
to allow for a maximum of one single-unit dwelling consistent with the applicable
General Plan Land Use and zoning designation. All three reconfigured lots will
remain consistent with the minimum lot area requirement of 6,000 square feet, the
minimum lot width requirement of 60 feet, and the minimum lot length requirement
of 80 feet for the R-1-6000 zone.
•The subject properties are located in the Coastal Zone. However, the proposed lot
line adjustment will not result in any change to land use density.
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Cameo Highlands Lot Line Adjustment (PA2020-080)
Zoning Administrator, November 12, 2020
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•Future development at all lots will be required to comply with all applicable
development standards specified by the Zoning Code and General Plan.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15305 of the State CEQA (California
Environmental Quality Act) Guidelines under 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 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 rear property line
between three residences located at 4800 Surrey Drive, 716 and 722 Cameo Highlands
Drive. There will be no change in land use, density, or intensity.
PUBLIC NOTICE
Notice of this review 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:
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. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING LOT
LINE ADJUSTMENT NO. LA2020-003 TO ADJUST THE REAR
PROPERTY LINE BETWEEN THREE (3) PARCELS LOCATED AT
4800 SURREY DRIVE, 716 AND 722 CAMEO HIGHLANDS
(PA2020-080)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by RDM Surveying, with respect to properties located at 4800
Surrey Drive, 716 and 722 Cameo Highlands Drive, and legally described as Lot 50 and
the west half of lot 51, Lot 57, and Lot 58 of Tract No. 3519, as shown on map thereof
recorded in book 128, pages 18 through 21 of miscellaneous maps in the office of the
county recorder of Orange County, CA, requesting approval of a lot line adjustment.
2.The applicant proposes a lot line adjustment to realign the rear property line between three
(3)residences located in Surrey Drive and Cameo Highlands Drive.
3.The subject properties are designated Single Unit Residential Detached (RS-D) by the
General Plan Land Use Element and is located within the Single-Unit Residential (R-1-
6000) Zoning District.
4.The subject properties are located within the coastal zone. The Coastal Land Use Plan
category is Single Unit Residential (RSD-A) and it is located within the Single-Unit
Residential (R-1-6000) Coastal Zone District. The subject properties are located in the
Coastal Zone. However, the proposed lot line adjustment will not result in any change to
land use density.
5.A public hearing was held online on November 12, 2020, observing restrictions due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19. 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 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) of the Guidelines for CEQA.
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
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Zoning Administrator Resolution No. ZA2020-###
Page 2 of 6
or density, including minor lot line adjustments. The proposed lot line adjustment affects
the rear property line between three residences located at 4800 Surrey Drive, 716 and
722 Cameo Highlands Drive. There will be no change in land use, density, or intensity.
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 proposed lot line adjustment will not change the existing use, or allowable intensity
or density, of either property. The General Plan Land Use Designation of Single Unit
Residential Detached will be maintained for 4800 Surrey Drive, 716 and 722 Cameo
Highlands Drive.
2.The proposed lot line adjustment will not result in a development pattern that is
inconsistent with the surrounding neighborhood. The properties at 4800 Surrey Drive,
716 and 722 Cameo Highlands Drive will continue to allow for a maximum of one (1)
single unit dwelling consistent with the applicable General Plan Land Use and zoning
designation.
3.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 three (3) adjacent lots
rear property lines. The original number of lots will remain unchanged after the
adjustment.
4.The subdivision does not negatively impact surrounding land owners, 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 three (3) adjacent parcels. The proposed lol line adjustment results from the
existing rear and side property line walls on 716 and 722 Cameo Highlands Drive that
were constructed on 4800 Surrey Drive.
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Zoning Administrator Resolution No. ZA2020-###
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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 rear property line between three (3)
adjacent 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 three (3) properties are located within Single-Unit Residential (R-1-6,000) Zoning
District, intended to provide for detached single-unit dwellings. The proposed lot line
adjustment will not change the existing use of the parcels affected.
2.The proposed lot line adjustment will shift the existing rear property line between the
three (3) parcels towards the south, reallocating approximately 1,019 square feet of land
from the property at 4800 Surrey Drive to 716 and 722 Cameo Highlands Drive. The
proposed lol line adjustment results from existing development improvements on 716
and 722 Cameo Highlands Drive that were constructed on 4800 Surrey Drive. The
proposed lol line adjustment results from the existing rear and side property line walls
on 716 and 722 Cameo Highlands Drive that were constructed on 4800 Surrey Drive.
3.The existing area of 4800 Surrey Drive is approximately 13,806 square feet. The
proposed lot line adjustment would decrease the area to approximately 12,787 square
feet (net decrease of 1,019 square feet). The existing area of 716 Cameo Highlands
Drive is approximately 7,678 square feet and the proposed lot line adjustment would
increase the area to approximately 7,987 square feet (net increase of 309 square feet).
The existing area of 722 Cameo Highlands Drive is approximately 7,752 square feet and
the proposed lot line adjustment would increase the area to approximately 8,462 square
feet (net increase of 710 square feet).
4.The proposed lot line adjustment will not result in a development pattern that is
inconsistent with the surrounding neighborhood. All three properties will continue to
allow for a maximum of one single unit dwelling consistent with the applicable General
Plan Land Use and zoning designation.
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Zoning Administrator Resolution No. ZA2020-###
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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 proposed lot line adjustment affects the interior property lines between t hree (3)
adjacent parcels. Legal access to the subject properties is not affected by the adjustment
and is available along Surrey Drive and Cameo Highlands Drive .
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 Surrey Drive and Cameo Highlands
Drive. The final configuration will not change vehicular access to the properties.
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.
Fact 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 require d
setbacks applicable to parcels in the R-1-6,000 Zoning District shall continue to apply to
the adjusted parcel.
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,
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Zoning Administrator Resolution No. ZA2020-###
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California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential
to have a significant effect on the environment.
2.The Zoning Administrator of the City of Newport Beach hereby approves Lot Line
Adjustment No. LA2020-003.
3.This action shall become final and effective ten (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 12th DAY OF NOVEMBER, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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Zoning Administrator Resolution No. ZA2020-###
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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.The 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 19 (Subdivisions) of the Newport Beach Municipal
Code.
3.Prior to recordation of the lot line adjustment, the applicant shall submit the exhibits to the
Public Works Department for final review.
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 Cameo Highlands Lot Line Adjustment including, but not limited to, Lot Line
Adjustment No. LA2020-003 (PA2020-080). 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. LA2020-003
(PA2020-080)
4800 Surrey Drive, 716 and 722 Cameo Highlands
Drive
Subject Property
(722 Cameo Highlands Drive)
Subject Property
(716 Cameo Highlands Drive)
Subject Property
(4800 Surrey Drive)
Lot Line to be
adjusted.
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Attachment No. ZA 3
Project Plans
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14
15
16
17
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November 12, 2020, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item 3. Cameo Highlands Lot Line Adjustment No. LA2020-003
(PA2020-080)
Title 19 of the Newport Beach Municipal Code does not define the terms “density” or “intensity,”
but I cannot agree with staff’s repeatedly stated conclusion that the proposed action will not
result in changes to either. For example, the claim in Fact 3.A.1 on handwritten page 6 that “The
proposed lot line adjustment will not change the existing use, or allowable intensity or density, of
either property” (not to mention the ambiguity of how “either” applies to three lots).
Title 20 says ““Density” means the number of dwelling units per unit of land; usually density is
expressed “units per acre,” or “minimum land area per unit.” Thus, the density of a development
of one hundred (100) units occupying twenty (20) acres is five units per acre.” and ““Intensity”
means a relative measure of development impact as defined by physical and operational
characteristics (e.g., number of dwelling units per acre, amount of parking required, amount of
traffic generated, etc.).”
Title 21 does the same, although it adds the qualification ““Change in the intensity of use of
land” means a change in the intensity of use of land which is likely to result in a new, decreased
or increased impact due to a lesser or greater level of activity, population density, traffic
generation, parking demand, dust, odor, noise, or similar impacts.”
While the overall density on the three lots taken together is not affected by the proposed lot
split, it is clear that the lot area of 4800 Surrey Drive is being decreased, while that of the two
lots on Cameo Highlands Drive is being increased. That means, by definition, that the allowed
density on Surrey Drive is increasing while that of the two lots on Cameo Highlands Drive is
decreasing.
And in this connection, contrary to the implication of Section 1.4 on handwritten page 5, I
believe lot line adjustments in the Coastal Zone consitute development under the Coastal
Act and require coastal development permits. Although this issue is not explicitly addressed
in our Local Coastal Program, it is supported by court rulings,1 as well as recently certified
LCP’s.2
1 See La Fe, Inc. v. Los Angeles County, 73 Cal.App.4th 231 (1999) finding lot line adjustments to be a
species of “division of land,”
2 See, for example, Malibu Sec. 15.5 A, or the older LA County Sec. 22.170.010.B
Zoning Administrator - November 12, 2020
Item No. 3a Additional Materials Received After Deadline
Cameo Highlands Lot Line Adjustment (PA2020-080)