HomeMy WebLinkAbout03_Azelart Residence Lot Merger_PA2023-0168
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 14, 2023
Agenda Item No. 3
SUBJECT: Azelart Residence Lot Merger (PA2023-0168)
SITE LOCATION: 2319 Heather Lane and APN 119 321 52
APPLICANT: Oscar Almendarez
PLANNER: Daniel Kopshever, Assistant Planner
949-644-3235 or dkopshever@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: RS-D (Single Unit Residential)
Zoning District: R-1 (Single-Unit Residential)
Coastal Zoning District: R-1 Single Unit Residential
Coastal Land Use: RSD-A Single Unit Residential Detached – (0.0-5.9 DU/AC)
PROJECT SUMMARY
A lot merger application for two properties under common ownership by removing the lot
line that separates them to allow for future improvements across the existing interior
property line. The front property is developed with a single-family home, while the rear lot
is undeveloped with the exception of a portion of the primary residence’s roof overhang
and accessory structures such as planters and fencing. The rear lot primarily functions as
a backyard for the home on the front property.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15315 under Class 15 (Minor Land Divisions) 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 Merger PA2023-
0168 (Attachment No. ZA 1).
1
Azelart Residence Lot Merger (PA2023-0168)
Zoning Administrator, December 14, 2023
Page 2
DISCUSSION
An application has been filed by Oscar Almendarez, with respect to the property at
2319 Heather Lane. The property is legally described as Lot 36 of Tract No. 3138,
Newport Beach. The parcel to be merged to the north has no site address and is
legally described as Southeasterly ½ of Tustin Avenue (60 feet in width) adjoining lot
36 of Tract No. 3138.
The Applicant proposes a lot merger for two lots under common ownership. The
merger would combine the two legal lots into a single parcel.
The two abutting lots have historically been utilized as one, single-unit residential
development. The existing primary structure on 2319 Heather Lane crosses the
shared interior lot line and is thus sited on both parcels. Accessory structures
pertaining to the single-unit dwelling are also located on APN 119-321-52 and include
planters, block wall and fencing, wooden deck, and patio.
The purpose of the lot merger is to legally merge the two abutting lots into one parcel
to allow for an addition to the existing single-unit residence to be built over the existing
interior lot line.
All construction will be required to comply with the Zoning Code standards, including
parking and setback requirements.
The lot merger application does not include nor propose any change in the density
or intensity of land use and, therefore, is not considered development as defined in
Newport Beach Municipal Code (NBMC) Chapter 21.70 (Definitions). For this reason,
a coastal development permit is not required.
Section 20.18.030 (Residential Zoning Districts General Development Standards)
of the Zoning Code establishes minimum lot area and width requirements. The
proposed merger would result in an 11,258-square-foot parcel that is in conformance
to the minimum 5,000-square-foot lot area standard of the Zoning Code. Additionally,
the proposed merger would result in a rear lot line width of approximately 111 feet,
meeting the minimum 50-foot lot width standard of the Zoning Code. There will be no
change to the width of the front property line.
Properties within the neighborhood consist of varying shapes and sizes, including
several oversized lots along this block. Properties on the block fronting the westerly
side of Heather Lane are zoned Single-Unit Residential (R-1) and consist of lots
sizes ranging from 10,575 square feet to 13,618 square feet. Properties on the
block fronting the easterly side of Heather Lane are zoned R-1 and consist of lot
sizes ranging from 7,560 square feet to 10,140 square feet.
2
Azelart Residence Lot Merger (PA2023-0168)
Zoning Administrator, December 14, 2023
Page 3
Although the proposed lot merger will result in a larger lot, it will not create a large
lot in comparison to the existing lots in the area. There are many existing lots in
the surrounding neighborhood that are similar to the proposed lot area such as
2221 and 2227 Heather Lane, which are also single-unit residential developments.
Legal access to the site is provided from Heather Lane and will remain
unchanged.
As demonstrated in the attached draft resolution, the proposed merger meets the
requirements of Title 19 (Subdivisions).
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 under Class 15 (Minor Land Divisions) 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.
The Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four or fewer parcels when the division is in
conformance with the General Plan and Zoning; no variances or exceptions are required;
all services and access to the proposed parcels are available; the parcel was not involved
in a division of a larger parcel within the previous two years; and the parcel does not have
an average slope greater than 20%. This exemption includes a minor lot merger not resulting
in the creation of any new parcel that complies with the conditions specified above.
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:
3
Azelart Residence Lot Merger (PA2023-0168)
Zoning Administrator, December 14, 2023
Page 4
CC/djk
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Exhibits
4
Attachment No. ZA 1
Draft Resolution
5
RESOLUTION NO. ZA2023-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LOT MERGER LOCATED AT 2319 HEATHER LANE (PA2023-0168) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Oscar Almendarez, with respect to the property at 2319 Heather Lane. The property is legally described as Lot 36 of Tract No. 3138, Newport Beach. The
parcel to be merged to the north has no site address and is legally described as Southeasterly ½ of Tustin Avenue (60 feet in width) adjoining lot 36 of Tract No. 3138. 2. The Applicant proposes a lot merger and requests to waive the parcel map requirement for two lots under common ownership. The merger would combine the two legal lots into a single
parcel. 3. The subject properties are located within the Single-Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single-Unit Residential Detached (RSD).
4. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached (0.0 – 5.9 DU/AC) (RSD-A) and the Coastal Zoning District is Single-Unit Residential (R-1). The Lot Merger application does not include nor proposes any change in the density or intensity of land use and is therefore not
considered development as defined in Newport Beach Municipal Code (NBMC) Chapter 21.70 (Definitions). For this reason, a coastal development permit is not required. 5. A public hearing was held on December 14, 2023, online via Zoom. A notice of time, place, and purpose of the hearing was given in accordance with the NBMC. 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 15315 under Class 15 (Minor Land Divisions) 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. The Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and Zoning; no variances or exceptions are required; all services and access to the proposed parcels are available; the parcel was not involved in a division of a larger parcel within the previous two years; and the parcel does not have an
6
Zoning Administrator Resolution No. ZA2023-### Page 2 of 7
10-18-21
average slope greater than 20%. This exemption includes a minor lot merger not resulting in the creation of any new parcel that complies with the conditions specified above.
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, and is not a hazardous waste site, and is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS. In accordance with Section 19.68.030 (Lot Mergers), the following findings and facts in support
of such findings are set forth:
Finding: A. Approval of the merger will not, under the circumstances of this 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 merger is consistent with the legislative intent of this title.
Facts in Support of Finding:
1. The lot merger will not result in the creation of additional parcels by removing the interior lot line between them.
2. The lot merger is consistent with the purpose and intent of NBMC Title 19 (Subdivisions),
identified in NBMC Subsection 19.04.020 (Purpose and Applicability). The lot merger will ensure all development is contained within the property and there is no construction crossing legal property lines.
3. The future development on the proposed parcel will be subject to NBMC Title 20
(Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) development standards, which are intended to promote orderly development, protect neighborhood character, and preserve public health, safety, and general welfare of the City while implementing the policies of the Coastal Land Use Plan and the California
Coastal Act of 1976.
7
Zoning Administrator Resolution No. ZA2023-### Page 3 of 7
10-18-21
Finding:
B. The lots to be merged are under common fee ownership at the time of the merger.
Fact in Support of Finding: 1. The two lots to be merged are under common fee ownership, as evidenced by the
Preliminary Title Report submitted with the application.
Finding: C. The lots as merged will be consistent or will be more closely compatible with the applicable
zoning regulations and will be consistent with other regulations relating to the subject
property including, but not limited to, the General Plan and any applicable Coastal Plan
or Specific Plan. Facts in Support of Finding:
1. The merged parcel will retain the Single-Unit Residential (R-1) zoning designation, consistent with the surrounding area. The R-1 Zoning District is intended to provide areas appropriate for a detached single-family residential dwelling unit located on a single lot that is 5,000 square feet or greater in area.
2. The Land Use Element of the General Plan designates the subject site as Single Unit Residential Detached (RS-D), which applies to a range of single-family residential dwelling units.
3. The Coastal Land Use Plan designates this site as Single Unit Residential Detached (0.0-
5.9 DU/AC) (RSD-A), which provides for density ranging from 0.0-5.9 dwelling units per acre. The single-family residential land use will remain the same and the merger is consistent with the land use designations of the General Plan and Coastal Land Use Plan.
4. Section 20.18.030 (Residential Zoning Districts General Development Standards) of the
Zoning Code establishes minimum lot area and width requirements. The proposed merger would result in an approximately 11,258-square-foot parcel that is in conformance to the minimum 5,000-square-foot interior lot area standard of the Zoning Code. The proposed merger would create approximately one 85-foot wide parcel, exceeding the 50-foot
minimum width Zoning Code standard.
5. The subject property is not located within a specific plan area.
8
Zoning Administrator Resolution No. ZA2023-### Page 4 of 7
10-18-21
Finding:
D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a
result of the merger. Fact in Support of Finding:
1. No adjoining parcels will be deprived of legal access as a result of the merger. The
existing northerly parcel is landlocked. Legal access from the merged parcels is provided from Heather Lane and will remain unchanged. Finding:
E. The lots as merged will be consistent with the pattern of development nearby and will not
result in a lot width, depth or orientation, or development site that is incompatible with
nearby lots. In making these findings, the review authority may consider the following:
i. Whether the development of the merged lots could significantly deviate from the
pattern of development of adjacent and/or adjoining lots in a manner that would
result in an unreasonable detriment to the use and enjoyment of other properties.
ii. Whether the merged lots would be consistent with the character or general
orientation of adjacent and/or adjoining lots.
iii. Whether the merged lots would be conforming or in greater conformity with the
minimum lot width and area standards for the zoning district.
Facts in Support of Finding:
1. Any future development on the merged lots will be required to meet all applicable development standards and, therefore, will not significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an
unreasonable detriment to the use and enjoyment of other properties.
2. The proposed lot merger will create a parcel that is consistent with the character or general orientation of adjacent and/or adjoining lots. Although the current configuration is two lots, the property is used as a single parcel with one single-family residence. As
a result, the proposed merger will not result in a visible change in the character of the
neighborhood and will continue to allow the property to be used for single-family purposes. 3. The proposed lot merger will create a parcel similar in size and configuration to those in
the vicinity and neighborhood, and which conforms to the minimum lot width and area
standards for the zoning district. See Fact in Support of Finding C (4) above.
9
Zoning Administrator Resolution No. ZA2023-### Page 5 of 7
10-18-21
In accordance with Section 19.08.30.(A)(3) (Waiver of Parcel Map Requirement –
Activities Eligible for Waiver) of the NBMC, the Zoning Administrator may approve a
waiver of the parcel map requirement in cases where no more than three parcels are eliminated. The following finding and facts in support of such findings are set forth: Finding:
F. The proposed division of land complies with requirements as to area, improvement and
design, flood water drainage control, appropriate improved public roads and property
access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of this title, the Zoning Code, the General Plan, and any
applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. Approval of the proposed lot merger would remove the existing interior lot line, and allow
the property to be used as a single site. The proposed lot would comply with all design
standards and improvements required for new subdivisions by NBMC Title 19 (Subdivisions), the General Plan, and the Coastal Land Use Plan. 2. The subject property is not located within a specific plan area.
SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project
categorically exempt from the California Environmental Quality Act pursuant to Section 15315 under Class 15 (Minor Land Divisions) 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 PA2023-0168, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated for 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 Community Development in accordance with the provisions of Title 19 (Subdivisions), of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF DECEMBER 2023.
_____________________________________ Benjamin M. Zdeba, AICP, Zoning Administrator
10
Zoning Administrator Resolution No. ZA2023-### Page 6 of 7
10-18-21
EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1.The development shall be in substantial conformance with the approved lot merger exhibits stamped and dated with the date of this approval (except as modified by
applicable conditions of approval).
2.The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval.
3.The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this lot merger.
4.Prior to the issuance of building permits, for any construction to cross the existing interior
lot line between the two lots proposed to be merged, recordation of the Lot Merger
documents with the County Recorder shall be required.
5.All easements shall be plotted, and all easement documents provided upon final map review.
6.Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or the leasing agent.
7.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.
8.To the fullest extent permitted by law, the 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 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 Azelart Residence Lot Merger, PA2023-0168. 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 the applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of the City's costs, attorney’s fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City
11
Zoning Administrator Resolution No. ZA2023-### Page 7 of 7
10-18-21
upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.
12
Attachment No. ZA 2
Vicinity Map
13
VICINITY MAP
PA2023-0168
Lot Merger
2319 Heather Lane
APN 119-32-52
Subject Property
2319 Heather Lane
Subject Property
2319 Heather Lane
Subject Property
14
Attachment No. ZA 3
Project Plans
15
EXHIBIT " "
LOT LINE ADJUSTMENT LL 2023-__
OWNER EXISTING PARCELS
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
BENJAMIN ROGER AZELART, A SINGLE MAN 119-321-22 PARCEL 1
BENJAMIN ROGER AZELART, A SINGLE MAN 119-321-52 PARCEL 1
LEGAL DESCRIPTION
REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE
OF CALIFORNIA DESCRIBED AS FOLLOWS:
LOT 36 OF TRACT NO. 3138, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 103, PAGES 31 THROUGH 33, INCLUSIVE
OF MISCELLANEOUS MAPS, TOGETHER WITH THE SOUTHEASTERLY 1/2 OF TUSTIN AVENUE
(60 FEET IN WIDTH) ADJOINING SAID LOT 36, VACATED PER RESOLUTION OF THE BOARD
OF SUPERVISORS OF SAID ORANGE COUNTY RECORDED JULY 17, 1958, IN BOOK 4353, PAGE
157 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
CONTAINING 11,258 S.F. OR 0.258 ACRES MORE OR LESS.
EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
PARCEL 1:
A
Exp. 12/31/24
No. 8516PROFESSIONALLAND
S
U
R
V
E
YORPAUL D O M INICK
C
R
A
FT
S
T
ATE
OF CAL I F O R NIA
PAUL D. CRAFT, P.L.S. 8516 DATE
LICENSE RENEWAL DATE: 12/31/24
PREPARED BY ME OR UNDER MY DIRECTION
SHEET 1 OF 1
THERE MAY BE EASEMENTS OF RECORD DELINEATED AND REFERENCED ON THE UNDERLYING
MAPS OR THERE MAY BE OTHER RECORDED EASEMENTS WITHIN THE AREA BEING ADJUSTED
THAT ARE NOT SHOWN ON THIS DOCUMENT THAT COULD ENCUMBER SAID PARCELS HEREIN.
NOTE:
11/01/2023
16
TR
A
C
T
N
O
.
9
7
7
6
28'
TRACT NO. 3138
CL
99.00'
N3
9
°
5
7
'
5
5
"
E
28
.
5
9
'
LOT 37
LOT 36
LOT 35
LO
T
1
M.M
.
4
2
6
/
1
5
-
1
6
H E
A
T
H
E
R
L
A
N
E
NE
W
P
O
R
T
GL
E
N
C
O
U
R
T
(P
R
I
V
A
T
E
S
T
R
E
E
T
)
32.27'
N3
9
°
5
7
'
5
5
"
E
1
1
1
.
8
9
'
30.00'N50°0
2
'
0
5
"
W
1
2
9
.
0
0
'
118.52'
M.M. 103/31-33
CL
30'
30'
Δ=43°54'58"
L=30.66'
R=40.00'
50'
N71°39'10"W 150.7
9
'
SHEET 1 OF 1
EXHIBIT " "
LOT LINE ADJUSTMENT LL 2023-__
OWNER EXISTING PARCELS
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
BENJAMIN ROGER AZELART, A SINGLE MAN 119-321-22 PARCEL 1
BENJAMIN ROGER AZELART, A SINGLE MAN 119-321-52 PARCEL 1
Exp. 12/31/24
No. 8516PROFESSIONALLAND
S
U
R
V
E
YORPAUL D O M INICK
C
R
A
FT
S
T
ATE
OF CA L I F O R NIA
PAUL D. CRAFT, P.L.S. 8516 DATE
LICENSE RENEWAL DATE: 12/31/24
PREPARED BY ME OR UNDER MY DIRECTION
LEGEND:
PROPOSED PARCEL BOUNDARY
EXISTING PARCEL LINES TO REMAIN
PARCEL LINES TO BE REMOVED
B
MAP
NOTE:
THIS PLAT WAS PREPARED FROM RECORD
OR CALCULATED FROM RECORD DATA
PER TRACT NO. 3138, M.M. 103/31-33.
S
C
A
L
E
:
1
"
=
3
0
'
N
11,258 S.F. , 0.258 ACRES
PARCEL 1
11/01/2023
17
B
TR
A
C
T
N
O
.
9
7
7
6
28'
EXISTING
DWELLING CL
30'
C
LOT 35
LO
T
1
M.M
.
4
2
6
/
1
5
-
1
6
H E
A
T
H
E
R
L
A
N
E
NE
W
P
O
R
T
GL
E
N
C
O
U
R
T
(P
R
I
V
A
T
E
S
T
R
E
E
T
)
10'
3'
A
B
M.M. 103/31-33
CL
30'
30'
3.
8
'
20.2'
4.4
'
3.5
'
50'
6'
3'
21.9'
TRACT NO. 3138
LOT 37
PARCEL 1
LOT 36
EXHIBIT " "
LOT LINE ADJUSTMENT LL 2023-__
OWNER EXISTING PARCELS
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
BENJAMIN ROGER AZELART, A SINGLE MAN 119-321-22 PARCEL 1
BENJAMIN ROGER AZELART, A SINGLE MAN 119-321-52 PARCEL 1
LEGEND:
EXISTING BUILDING OUTLINE
C
SITE PLAN
EASEMENT LINE
PROPOSED PARCEL BOUNDARY
EXISTING PARCEL LINES TO REMAIN
PARCEL LINES TO BE REMOVED
SHEET 1 OF 1
Exp. 12/31/24
No. 8516PROFESSIONALLAND
S
U
R
V
E
YORPAUL D O M INICK
C
R
A
FT
S
T
ATE
OF CA L I F O R NIA
PAUL D. CRAFT, P.L.S. 8516 DATE
LICENSE RENEWAL DATE: 12/31/24
PREPARED BY ME OR UNDER MY DIRECTION
NOTE:
THIS PLAT WAS PREPARED FROM RECORD
OR CALCULATED FROM RECORD DATA
PER TRACT NO. 3138, M.M. 103/31-33.
S
C
A
L
E
:
1
"
=
3
0
'
N
EASEMENT NOTES:
A - 6' WIDE UTILITY EASEMENT PER TRACT NO. 3183,
M.M. 103/31-33. (PLOTTED HEREON)
PER CHICAGO TITLE COMPANY PRELIMINARY REPORT
ORDER NO. 58602305045-JFA, DATED OCTOBER 19, 2023.
B - UTILITY EASEMENT PER TRACT NO. 9776,
M.M. 426/15-16. (PLOTTED HEREON)
C - SOUTHEASTERLY 1/2 OF TUSTIN AVENUE (60' WIDTH)
AS SHOWN ON TRACT NO. 3138, M.M. 103/31-33,
VACATED PER RESOLUTION RECORDED 7/17/1958 IN
BK. 4353, PG. 157, O.R. (PLOTTED HEREON)
11/01/2023
18
December 14, 2023, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660
(949-548-6229)
Item 3. Azelart Residence Lot Merger (PA2023-0168)
Section 1.1: The legal description, suggesting the “Southeasterly ½ of Tustin Avenue” is 60 feet
wide, may be correct but it is confusing. I suspect Tustin Avenue may have been laid out at 60 feet
wide, but the southeasterly half, as depicted on handwritten pages 17 and 18, appears to be 30
feet wide.
Section 1.4: The statement that “The subject properties are located within the coastal zone” does
not appear to be correct. I believe 2319 Heather Lane is in the coastal zone, but the portion of the
former Tustin Avenue with which it seeks to merge is not.
I further disagree with the statement that “The Lot Merger application does not include nor
proposes any change in the density or intensity of land use and is therefore not considered
development as defined in Newport Beach Municipal Code (NBMC) Chapter 21.70 (Definitions).”
The definition of “development” in NBMC Section 21.70.020 is copied from Public Resources Code
Section 30106, which is to be liberally construed, including as to the meaning of “change in the
density or intensity of use of land” (Pacific Palisades Bowl Mobile Estates, LLC v. City of Los
Angeles, 55 Cal.4th 783 (2012)). Changing the area over which the single unit at 2319 Heather can
be developed would appear to reduce the “units per acre,” which is a proposed definition of
“density” in NMBC Section 21.70.020. Similarly, increasing the maximum buildable area on the two
lots, which this merger appears to allow, would be viewed by most as an increase in “intensity” of
use of land.
Reading the definitions otherwise is hardly a liberal interpretation of them or of the need to comply
with the Coastal Act, and is inconsistent with its general understanding as in this example:
Zoning Administrator - DECEMBER 14, 2023
Item No. 3a Additional Materials Received
Azelart R esidence Lot Me rger (PA2023-0168)
December 14, 2023, ZA Item 3 comments - Jim Mosher Page 2 of 2
Section 3.C.4: The last sentence was presumably intended to read “The proposed merger would
create one approximately one 85-foot wide parcel, exceeding the 50-foot minimum width Zoning
Code standard.” Also, “exceeding” might be better “consistent with. It is also not clear where the
“85 feet” came from. The diagram on handwritten page suggests the merged lot will vary from
about 59 to 112 feet in width.
Further comments:
1.Although the staff report (page 2) assures readers “All construction will be required to
comply with the Zoning Code standards, including parking and setback requirements,”
neither the staff report nor the resolution discloses what the impact of the merger will be on
the setbacks or buildable area.
2.They similarly do not disclose what the current status of the vacated right-of-way is. It
appears it is zoned separately from 2319 Heather Lane, and has an R-1 designation. Is a
home currently allowed on it? Will the merger be reducing the potential development from
two homes to one? Or is no development allowed on it despite its R-1 zoning?
3.Does the Planning Division know why the portion of Tustin Avenue vacated by resolution of
the County in 1958 (according to the notes on page 18) didn’t automatically merge it with
the adjacent property? Doesn’t that usually happen?
4.Why does the resolution refer to this as a merger, when the exhibits (handwritten pages 17
and 18) refer to it as a lot line adjustment?
Zoning Administrator - DECEMBER 14, 2023
Item No. 3a Additional Materials Received
Azelart Residence Lot Merger (PA2023-0168)