HomeMy WebLinkAbout04_City of Newport Beach and Orange County Sanitation District Lot Line Adjustment_PA2022-0217CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 15, 2022
Agenda Item No. 4
SUBJECT: City of Newport Beach and Orange County Sanitation District
(PA2022-0217)
▪Lot Line Adjustment
SITE LOCATION: 1514 and 1516 West Balboa Boulevard
APPLICANTS/OWNERS: City of Newport Beach
Orange County Sanitation District
PLANNER: Afshin Atapour, Assistant Planner
949-644-3237, aatapour@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: PF (Public Facilities)
•Zoning District: PF (Public Facilities) and PC51 (Marina Park)
•Coastal Land Use Plan Category: PF (Public Facilities)
•Coastal Zoning District: PF (Public Facilities) and PC51 (Marina Park)
PROJECT SUMMARY
A lot line adjustment to the shared interior lot line between two contiguous parcels.
Approximately 1,042 square feet of land will be taken from 1516 West Balboa Boulevard
(owned by the City of Newport Beach) and added to the adjacent parcel at 1514 West
Balboa Boulevard (owned by the Orange County Sanitation District). There will be no
change in the number of parcels and no development is currently proposed.
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
(Attachment No. ZA 1)
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City of Newport Beach and Orange County Sanitation District (PA2022-0217)
Zoning Administrator, December 15, 2022
Page 2
DISCUSSION
• The subject properties are located at 1514 West Balboa Boulevard (Parcel 1) and
1516 West Balboa Boulevard (Parcel 2). Parcel 1 is zoned Public Facilities (PF) and
Parcel 2 is zoned Marina Park (PC51) and both parcels are categorized as Public
Facilities (PF) by the Land Use Element of the General Plan.
• The proposed project will adjust the interior boundary between the two properties to
take 1,042 square feet of land from Parcel 1 and add it to Parcel 2. The area of
adjustment can be seen in the lot line adjustment exhibit included in Attachment No.
ZA 3.
• Vehicular access to Parcel 1 is not affected by the adjustment and is available via a
driveway on West Balboa Boulevard. Vehicular access to Parcel 2 is not affected by
the adjustment and is available along an improved twenty (20) foot alley at the rear
of the property. The final configuration of the subject properties will not result in the
loss of the existing direct vehicular access.
• The applicable zoning designations do not include minimum lot width, depth, or area
requirements. Therefore, the proposed lot line adjustment will not result in the
creation of a lot that is nonconforming as to lot width, depth, or area. The proposed
lot line adjustment will not result in a development pattern that is inconsistent with the
surrounding neighborhood.
• The resulting parcels will comply with all applicable regulations of Title 20 (Planning
and Zoning) of the Newport Beach Municipal Code (NBMC) and there will be no
change in allowed land uses density or intensity on the properties.
• The properties are located within the Coastal Zone; however, the project does not
require a Coastal Development Permit. The Lot Line Adjustment does not result in
a change to the density or intensity of the properties and is not considered
development under the definition of development provided in Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code.
• Any future development on either lot will be required to comply with all applicable
development standards specified by the Zoning Code and General Plan.
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City of Newport Beach and Orange County Sanitation District (PA2022-0217)
Zoning Administrator, December 15, 2022
Page 3
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 shared property line between two (2)-
parcels under different ownership and is for the purpose of enhancing pump station
operations of the Orange County Sanitation District (OCSD). There will be no change in
land use, density, or intensity.
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, and is not a hazardous waste site, and is not identified as a
historical resource.
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 the action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
LW/aa
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City of Newport Beach and Orange County Sanitation District (PA2022-0217)
Zoning Administrator, December 15, 2022
Page 4
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. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LOT
LINE ADJUSTMENT TO ADJUST THE BOUNDARY BETWEEN
TWO (2)- CONTIGUOUS PARCELS LOCATED AT 1514 AND 1516
WEST BALBOA BOULEVARD (PA2022-0217)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by The City of Newport Beach and Orange County Sanitation
District (Applicants), with respect to properties located at 1514 and 1516 West Balboa
Boulevard, and legally described as Lot 8 and Lot 9, Block 115, of Tract No. 234,
requesting approval of a lot line adjustment.
2. The Applicants propose to adjust the shared lot line between two (2) contiguous properties.
Approximately 1,042 square feet of land will be taken from 1516 West Balboa Boulevard
(owned by the City of Newport Beach) and added to the adjacent parcel at 1514 West
Balboa Boulevard (owned by the Orange County Sanitation District). There will be no
change in the number of parcels and no development is currently proposed.
3. Parcel 1 (1514 West Balboa Boulevard) is zoned Park Facilities (PF) and Parcel 2 (1516
West Balboa Boulevard) is zoned Marina Park (PC51) and both parcels are designated as
Public Facilities (PF) by the Land Use Element of the General Plan.
4. The properties are located within the Coastal Zone. The properties are categorized as
Public Facilities (PF) by the Coastal Land Use Plan and are located within the Public
Facilities (PF) and Marina Park (PC51) Coastal Zoning Districts. The proposed project
does not require a Coastal Development Permit, as the Lot Line Adjustment does not result
in a change to the density or intensity of the properties and is not considered development
under the definition of development provided in Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code (NBMC).
5. A public hearing was held on December 15, 2022, online via Zoom. A notice of the time,
place, and purpose of the hearing was given in accordance with the Newport Beach
Municipal Code (NBMC). Written and oral evidence 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, Division 6, Chapter 3 because it has
no potential to have a significant effect on the environment.
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Zoning Administrator Resolution No. ZA2022-###
Page 2 of 6
2. The Class 5 exemption applies to projects which are 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, side yard and
setback variances not resulting in the creation of any new parcel. The Lot Line
Adjustment will not result in a change in use or density and is consistent with the
requirements of the Class 5 exemption.
3. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would
invalidate the use of these exemption. 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 NBMC, 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 purpose and intent of Chapter 19.76 (Lot Line Adjustment) of the NBMC is to allow
for lot line adjustments. A lot line adjustment is defined as a minor boundary adjustment
involving four (4) or fewer adjacent lots or parcels where the land taken from one (1)
parcel is added to an adjacent parcel with the original number of parcels remaining
unchanged after the adjustment. The proposed project will modify the interior boundary
between two (2) contiguous parcels to take a portion of land that is approximately 1,042
square feet from Parcel 1 and add it to Parcel 2. The adjusted boundary will allow for
the enhancement of pump station operations for the Orange County Sanitation District.
There will be no change to the overall number of lots and the project is consistent with
the definition of a lot line adjustment and the overall purpose and intent of Chapter 19.76
(Lot Line Adjustment).
2. The project 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 an interior property line
between two (2) adjacent parcels. There will be no impact on surrounding neighbors.
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Zoning Administrator Resolution No. ZA2022-###
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3. Public improvements and infrastructure currently exist within the neighborhood and the
lot line adjustment 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 adjustment.
Fact in Support of Finding:
1. The proposed lot line adjustment will adjust the interior property line between two (2)
adjacent parcels. The number of parcels remains the same as there will be two (2)
parcels before and after 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 properties are located within the Park Facilities (PF) and Marina Park (PC51) Zoning
Districts. The applicable zoning designations do not include minimum lot width, depth,
or area requirements. Therefore, the proposed lot line adjustment will not result in the
creation of a lot that is nonconforming as to lot width, depth, or area. The proposed lot
line adjustment will not result in a development pattern that is inconsistent with the
surrounding neighborhood.
2. The resulting parcels will comply with all applicable regulations of Title 20 (Planning and
Zoning) of the NBMC 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.
Fact in Support of Finding:
1. The proposed lot line adjustment affects the interior property lines between two (2)
adjacent parcels that both abut West Balboa Boulevard. Legal access to Parcel 1 is not
affected by the adjustment and is available along West Balboa Boulevard. Legal access
to Parcel 2 is not affected by the adjustment and is available along an improved twenty
(20)-foot-wide alley at the rear of the property.
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Zoning Administrator Resolution No. ZA2022-###
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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 Parcel 1 is not affected by the adjustment and is available via a
driveway on West Balboa Boulevard. Vehicular access to Parcel 2 is not affected by the
adjustment and is available along an improved twenty (20) foot alley at the rear of the
property. The final configuration of the subject properties will not result in the loss of the
existing direct vehicular access.
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 consistent and compatible with the surrounding pattern of development
and existing adjacent setbacks.
Fact in Support of Finding:
1. The proposed lot line adjustment does not involve the reorientation of any lots. The final
configuration of the proposed parcels does not involve the reduction of any street-side
setbacks and does not result in a requirement for revised setbacks since the parcels are
not proposed to be reoriented.
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,
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 the Lot Line
Adjustment (PA2022-0217), 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 10 days after the adoption of this Resolution
unless within such time an appeal or call for review is filed with the Director of
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Zoning Administrator Resolution No. ZA2022-###
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Community Development in accordance with the provisions of Title 19 (Subdivisions),
of the NBMC.
PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF DECEMBER, 2022.
______________________________
Jaime Murillo
Zoning Administrator
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Zoning Administrator Resolution No. ZA2022-###
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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 Recordation of the Lot Line Adjustment, the Applicant shall submit the Lot Line
Adjustment exhibits to the Public Works Department for final review and approval. All
applicable fees shall be paid.
3. At the close of escrow, the Lot Line Adjustment shall be recorded. The lot line shall not be
recorded prior to the close of escrow. The Applicant shall coordinate with the Public Works
Department and the Escrow Holder (Fidelity National Title, Escrow number: 30080784)
regarding the recordation of the Lot Line Adjustment.
4. This approval shall expire and become void unless exercised within twenty-four (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.
5. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless
the City, its City Council, its boards and commissions, officials, officers, employees, and
agents from and against any 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 City of Newport Beach and Orange County Sanitation District
including, but not limited to Lot Line Adjustment (PA2022-0217). This indemnification
shall include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorney’s 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 the City's
costs, attorney’s fees, and damages which the 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
(PA2022-0217)
1514 and 1516 West Balboa Boulevard
Subject Property
(1514 W. Balboa Blvd.)
OCSD Property
Subject Property
(1516 W. Balboa Blvd.)
City of Newport Beach Property
Lot Line to be
adjusted.
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Attachment No. ZA 3
Project Plans
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From:Jim Mosher
To:CDD
Cc:Murillo, Jaime
Subject:Comment on 12/15/2022 ZA Item 4 (CNB/OCSD lot line adjustment)
Date:December 15, 2022 7:29:14 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
I have no objection to the result, which seems simply to be recognizing an existing
situation.
However, a lot line adjustment is generally something something recognized as
development requiring a CDP.
In this case, the Coastal Act issue would seem to be that the adjustment, if approved,
will reduce the area that is theoretically available for development as part of a public
park.
Also, although the transaction is between public agencies, it would be helpful to let
the public know if OCSD will be compensating the City for the value of the property
transferred.
-- Jim Mosher
Zoning Administrator - December 15, 2022 Item No. 4a Additional Materials Received After Deadline City of Newport Beach and Orange County Sanitation District Lot Line Adjustment (PA2022-0217)