HomeMy WebLinkAbout20191212_ZA_Staff ReportCITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 12, 2019
Agenda Item No. 3
SUBJECT: Bay House 2100, LLC Lot Line Adjustment (PA2019-229)
Lot Line Adjustment No. LA2019-002
SITE LOCATION: 2021 East Bay Avenue and 2100 East Balboa Boulevard
APPLICANT: Bay House 2100, LLC
OWNER: Bay House 2100, LLC
PLANNER: David S. Lee, Assistant Planner
949-644-3225, dlee@newportbeachca.gov
LAND USE AND ZONING
General Plan: RS-D (Single-Unit Residential Detached)
Zoning District: R-1 (Single-Unit Residential)
Coastal Land Use Plan: RSD-B (Single Unit Residential Detached) – (6.0 - 9.9
DU/AC)
Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A lot line adjustment application to adjust the boundary between two contiguous parcels
located on the Balboa Peninsula. Land will be taken from 2100 East Balboa Boulevard
and reallocated to 2021 East Bay Avenue. The area of adjustment is approximately 1,535
square feet. 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. LA2019-002 (Attachment No. ZA 1).
1
Bay House 2100, LLC Lot Line Adjustment (PA2019-229)
Zoning Administrator, December 12, 2019
Page 2
Tmplt: 01/12/18
DISCUSSION
The applicant proposes to adjust the boundary between two contiguous parcels
located on the Balboa Peninsula. Both lots are zoned as Single-Unit Residential (R-
1) Zoning District and designated as Single-Unit Residential Detached (RS-D).
The property at 2021 East Bay Avenue is currently developed with an existing single-
unit residence with a swimming pool, landscaping, and hardscape amenities. Until
recently, the property at 2100 East Balboa Boulevard was developed with a single-
unit residence, which was demolished in 2018 (Coastal Development Permit No.
CD2018-018) to make way for a replacement residence to be constructed in the near
future.
The proposed lot line adjustment will shift a 99-foot section of the common lot line
approximately 15.50 feet easterly into the 2100 East Balboa lot. This would
reallocate approximately 1,535 square feet of land from 2100 East Balboa
Boulevard to 2021 East Bay Avenue. This adjustment would allow for the
expansion of the existing swimming pool at 2021 East Bay Avenue.
Both lots will continue to meet the minimum lot width standard of 50 f eet of the
Zoning Code. 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. Per the definition of lot
width, the existing lot width for 2021 East Bay Avenue is 59.98 feet, while the
existing lot width for 2100 East Balboa Boulevard is 61.29 feet. Subsequent to the
lot line adjustment, the proposed lot width for 2021 East Bay Avenue increases to
75.08 feet, while the lot width for 2100 East Balboa Boulevard remains 61.29 feet.
Both lots will continue to exceed the minimum site area requirements of the Zoning
Code. Interior lots in the R-1 Zoning District are required to provide a minimum lot
area of 5,000 square feet. In this case, the lot area for 2021 East Bay Avenue
increases from 9,140 square feet to 10,675 square feet, while the lot area for 2100
East Balboa Boulevard decreases from 15,440 square feet to 13,905 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.
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 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
2
Bay House 2100, LLC Lot Line Adjustment (PA2019-229)
Zoning Administrator, December 12, 2019
Page 3
Tmplt: 01/12/18
creation of any new parcel. The proposed boundary adjustment affects the property line
between two parcels and is for the purpose of accommodating an expansion of the existing
swimming pool at 2021 East Bay Avenue.
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:
___________________________
David S. Lee, Assistant Planner
JM/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
3
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2019-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT LINE
ADJUSTMENT NO. LA2019-002 TO ADJUST THE BOUNDARIES
OF PARCELS LOCATED AT 2021 EAST BAY AVENUE AND 2100
EAST BALBOA BOULEVARD (PA2019-229)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Bay House 2100, LLC with respect to property located at 2021
East Bay Avenue and 2100 East Balboa Boulevard, and legally described as Lot 10 and
the westerly half of Lot 11 of Tract 756 and Parcel 4 of Resubdivision No. 250 respectively,
requesting approval of a lot line adjustment.
2. The applicant proposes to adjust the boundary between two (2) contiguous parcels
located on the Balboa Peninsula. Land taken from 2100 East Balboa Boulevard will be
reallocated to 2021 East Bay Avenue. There will be no change in the number of parcels.
3. The property at 2021 East Bay Avenue is currently developed with an existing single-unit
residence with a swimming pool, landscaping, and hardscape amenities. Until recently, the
property at 2100 East Balboa Boulevard was developed with a single-unit residence, which
was demolished in 2018 (Coastal Development Permit No. CD2018-018) to make way for
a replacement residence to be constructed in the near future. Both properties are
designated by the General Plan as Single-Unit Residential Detached (RS-D), and located
in the Single-Unit Residential (R-1) Zoning District.
4. The subject properties are located within the coastal zone. For both properties, the Coastal
Land Use Plan category is Single Unit Residential Detached – (6.0 – 9.9 DU/AC) (RSD-B)
and the Coastal Zoning District is Single-Unit Residential (R-1). A coastal development
permit is not required because 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 existing single-unit residence will remain at 2021 East Bay Avenue and
2100 East Balboa Boulevard will retain the potential to construct a future single-unit
residence.
5. A public hearing was held on December 12, 2019, 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.
5
Zoning Administrator Resolution No. ZA2019-###
Page 2 of 6
03-03-2015
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 or density,
including minor lot line adjustments. The proposed boundary adjustment affects the
property line between two (2) parcels and is for the purpose of accommodating an
expansion of the existing swimming pool at 2021 East Bay Avenue.
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 of either property. The
General Plan Land Use Designation of Single-Unit Residential Detached will be
maintained for 2021 East Bay Avenue and 2100 East Balboa Boulevard.
2. The proposed lot line adjustment will not result in a development pattern that is
inconsistent with the surrounding neighborhood. Both 2021 East Bay Avenue and 2100
East Balboa Boulevard will continue to allow for single-unit development 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 two (2) adjacent lots
where land taken from one (1) 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 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 two (2) adjacent parcels.
6
Zoning Administrator Resolution No. ZA2019-###
Page 3 of 6
03-03-2015
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. Both 2021 East Bay Avenue and 2100 East Balboa Boulevard 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.
2. The proposed lot line adjustment will shift a 99-foot section of the common lot line
approximately 15.50 feet easterly into the 2100 East Balboa lot. This would reallocate
approximately 1,535 square feet of land from 2100 East Balboa Boulevard to 2021 East
Bay Avenue. This adjustment would allow for the expansion of the existing swimming
pool at 2021 East Bay Avenue.
3. Both lots will continue to meet the minimum lot width standard of 50 feet of the Zoning
Code. Lot width is defined in the Zoning Code as the horizontal d istance 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. Per the definition of lot width, the existing lot
width for 2021 East Bay Avenue is 59.98 feet, while the existing lot width for 2100 East
Balboa Boulevard is 61.29 feet. Subsequent to the lot line adjustment, the proposed lot
width for 2021 East Bay Avenue increases to 75.08 feet, while the lot width for 2100
East Balboa Boulevard remains 61.29 feet.
4. Both lots will continue to exceed the minimum site area requirement s of the Zoning
Code. Interior lots in the R-1 Zoning District are required to provide a minimum lot area
of 5,000 square feet. In this case, the lot area for 2021 East Bay Avenue increases from
9,140 square feet to 10,675 square feet, while the lot area for 2100 East Balboa
Boulevard decreases from 15,440 square feet to 13,905 square feet.
5. The proposed lot line adjustment will not result in a change in allowed land uses, density,
or intensity on the properties.
7
Zoning Administrator Resolution No. ZA2019-###
Page 4 of 6
03-03-2015
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 two (2)
adjacent parcels. Legal access to the subject properties is not affected by the
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. Vehicular access to the existing properties is from East Balboa Boulevard and East Bay
Avenue, and 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.
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 required
setbacks applicable to parcels in the R-1 Zoning District shall continue to apply to the
adjusted parcels per the Zoning Code.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
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.
8
Zoning Administrator Resolution No. ZA2019-###
Page 5 of 6
03-03-2015
2. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line
Adjustment No. LA2019-002, subject to the conditions set forth in Exhibit “A,” which is
attached hereto and incorporated by reference.
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 Community
Development Director in accordance with the provisions of Title 19 (Subdivisions) of the
Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 12th DAY OF DECEMBER, 2019.
_____________________________________
Jim Campbell, Zoning Administrator
9
Zoning Administrator Resolution No. ZA2019-###
Page 6 of 6
03-03-2015
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 Bay House 2100, LLC Lot Line Adjustment including, but not limited to, Lot
Line Adjustment No. LA2019-002 (PA2019-229). 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.
10
Attachment No. ZA 2
Vicinity Map
11
VICINITY MAP
Lot Line Adjustment No. LA2019-002
PA2019-229
2021 East Bay Avenue and 2100 East Balboa
Boulevard
Subject Property
(2021 E. Bay Ave.)
Subject Property
(2100 E. Balboa Blvd.)
Approximate area
of adjustment
12
Attachment No. ZA 3
Project Plans
13
14
15
16
17
18
19
20
1
Lee, Amanda
Subject:FW: Comment on 12/12/2019 ZA Item 3 -- Bay House 2100, LLC Lot Line Adjustment
(PA2019-229)
From: Jim Mosher <jimmosher@yahoo.com>
Sent: Wednesday, December 11, 2019 1:52 PM
To: Campbell, Jim <JCampbell@newportbeachca.gov>
Cc: Lee, David <dlee@newportbeachca.gov>
Subject: Comment on 12/12/2019 ZA Item 3 ‐‐ Bay House 2100, LLC Lot Line Adjustment (PA2019‐229)
Dear Zoning Administrator Campbell,
Regarding Item 3 on the December 12, 2019, City of Newport Beach Zoning Administrator agenda, I
believe the statement in Section 1.4 of the proposed Resolution of Approval is incorrect in saying
that "A coastal development permit is not required because 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."
As explained by our California Supreme Court in Pacific Palisades Bowl Mobile Estates, LLC v. City
of Los Angeles, 55 Cal.4th 783 (2012), acts of subdivision, like lot line adjustments, are coastal
development by definition, independent of whether they change density or intensity.
See, for example, Item Th15a on the Coastal Commission's December 12 agenda.
I believe the Supreme Court's opinion overrides any definition of "development" in the City's LCP that
might suggest a different interpretation of the Coastal Act.
I therefore believe a coastal development permit, and the findings for granting one, are, in this case,
necessary in addition to, and separately from, the findings of NBMC Section 19.76.020.
Yours sincerely,
Jim Mosher
Zoning Administrator - December 12, 2019
Item No. 3a Additional Materials Received
Bay House 2100, LLC Lot Line Adjustment (PA2019-229)