HomeMy WebLinkAbout01 - Via Mentone Lot Line Adjustment - PA2014-128 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT
y PLANNING DIVISION
u $ 100 Civic Center Drive, P.O.Box 1768,Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
c9LfFOR�,P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 16, 2014
Agenda Item No. 1
SUBJECT: Via Mentone Lot Line Adjustment - (PA2014-128)
214 Via Mentone
• Lot Line Adjustment No. LA2014-002
APPLICANT: Abell Helou Homes
PLANNER: Jason Van Patten, Planning Technician
(949) 644-3234, jvanpatten@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: R-1 (Single-Unit Residential)
• General Plan: RS-D (Single-Unit Residential Detached)
PROJECT SUMMARY
A lot line adjustment application to adjust the underlying legal lot lines on a site consisting
of two legal lots (Lots 569 and 570) and a portion of another lot (Lot 571). The applicant is
requesting to remove the lot line between Lots 570 and a portion of Lot 571, and shift
the lot line between Lots 569 and 570 west 7.5 feet to create two 37.5-foot-wide parcels
for single-unit residential development. There will be no change in the number of legal
building sites and the existing dwelling built across the property lines will be demolished.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Lot Line Adjustment
No. LA2014-002 (Attachment No. ZA 1).
DISCUSSION
• The applicant requests to adjust the interior lot lines between two contiguous lots
located in the R-1 Zoning District (Single-Unit Residential). The subject property
and those within the vicinity are developed with single-unit dwellings.
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Via Mentone Lot Line Adjustment
Zoning Administrator, October 16, 2014
Page 2
• The General Plan designates the subject property as Single-Unit Residential
Detached (RS-D) which is intended for detached single-unit residential dwelling
units on a single legal lot.
• The property is currently improved with a single-unit dwelling that was
constructed across two legal lots and a portion of another lot (Lots 569, 570 and
one-half of 571, Tract 907).
• The lot line adjustment would shift the interior lot line between Lots 569 and 570
7.5 feet to the west, taking 660 square feet of land from Lot 570 and adding to
Lot 569, and would remove the interior lot line between Lot 570 and the portion of
Lot 571, thereby creating two 37.5-foot-wide parcels for single-unit residential
development. The resulting net area would be 3,330 square feet for the proposed
Parcel 1 and 2 (Exhibit B of Attachment No. ZA 3).
• The proposed parcels are consistent with the original lot sizes in the vicinity
which are typically 30 feet wide, 88 feet deep, and 2,640 square feet in area, but
as large as 42.5 feet wide, 88 feet deep, and 3,740 square feet in area. The
proposed parcels with lot widths of 37.5 feet and depths of 88 feet are compatible
with neighboring lots in width, depth, and area.
• The number of legal building sites will remain unchanged as a result of the
boundary adjustment. The site is currently comprised of two legal lots and a
portion of another lot. The lot line adjustment, as proposed, will result in two legal
lots.
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). The Class 5 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 is
consistent with all of the requirements of the Class 5 exemption.
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.
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Via Mentone Lot Line Adjustment
Zoning Administrator, October 16, 2014
Page 3
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:
R
Jas Van Patten
Planning Technician
JM/jvp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Exhibits
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2014-0##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT LINE
ADJUSTMENT NO. LA2014-002 TO ADJUST BOUNDARIES OF
PARCELS LOCATED AT 214 VIA MENTONE (PA2014-128)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Abell Helou Homes, with respect to property located at
214 Via Mentone, and legally described as Lots 569, 570 and the northeasterly one-half
of Lot 571 of Tract No. 907 as per map recorded in Book 28, Pages 25 to 36 inclusive of
Miscellaneous Maps in the Office of the County Recorder of Orange County, California
requesting approval of a lot line adjustment.
2. The applicant proposes to adjust the underlying legal lot lines on a site consisting of two
legal lots (Lots 569 and 570) and a portion of another lot (Lot 571). The applicant is
requesting to remove the lot line between Lots 570 and a portion of Lot 571, and shift
the lot line between Lots 569 and 570 west 7.5 feet to create two 37.5-foot-wide
parcels for single-unit residential development. There will be no change in the number
of legal building sites and the existing dwelling built across the property lines will be
demolished.
3. The subject property is located within the Single-Unit Residential (R-1) Zoning District
and the General Plan Land Use Element category is Single-Unit Residential Detached
(RS-D).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single-Unit Residential Detached (RSD-C).
5. A public hearing was held on October 16, 2014, 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.
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 15315, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 5 (Minor
Alterations in Land Use Limitations).
2. The Class 5 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
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Zoning Administrator Resolution No. ZA2014-0##
Page 2 of 5
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 will not change the
number of existing legal building sites, will not result in any change in use or density,
and is consistent with all of the requirements of the Class 5 exemption.
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 this title.
Facts in Support of Finding:
1. The proposed boundary adjustment will not change the single-unit residential use of
the lots involved and will maintain consistency with the General Plan Land Use
Designation, Single-Unit Residential Detached (RS-D), which is intended for detached
single-unit residential dwelling units on a single lot.
2. The lot line adjustment will not result in a development pattern which is inconsistent
with the surrounding neighborhood as the request is to reapportion two (2) legal lots
and a portion of another lot into two (2) separate parcels for future single-unit
development, which is consistent with the General Plan Land Use Plan and zoning
designation.
3. The proposed lot line adjustment is consistent with the purpose identified in Chapter
19.76 (Lot Line Adjustments) of the Newport Beach Municipal Code. The lot line
adjustment constitutes a minor boundary adjustment involving two (2) full lots where
the land taken from one (1) lot is added to the abutting lot and the existing boundary
line of the half lot is removed. The original number of legal building sites will remain
unchanged after the adjustment.
4. The subdivision is consistent with the General Plan, does not affect open space areas
in the City, does not negatively impact surrounding land owners in as much as it
affects an interior lot line between two (2) adjacent lots, and will not in itself be
detrimental to the health, safety, peace, comfort, and general welfare of persons
residing or working in the neighborhood.
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Finding:
B. The number of parcels resulting from the lot line adjustment remains the same as
before the lot line adjustment.
Facts in Support of Finding:
1. The existing single-unit dwelling on the subject property was originally constructed
across two (2) legal lots and half of another lot (Lot 569, 570, and half of 571 of Tract
No. 907). The proposed lot line adjustment will remove the interior lot line between Lots
570 and a portion of 571 and will adjust the interior lot line between Lots 569 and 570.
No additional lots will result from the adjustment and the number 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 proposed boundary adjustment will take 660 square feet of land from Lot 570 and
add to Lot 569. Lot 570 will gain 1,320 square feet from Lot 571. The resulting net area
would be 3,330 square feet for the proposed Parcel 1 and 2. The proposed parcels are
consistent with the original lot sizes in the vicinity which are typically 30 feet wide, 88
feet deep, and 2,640 square feet in area, but as large as 42.5 feet wide, 88 feet deep,
and 3,740 square feet in area.
2. The proposed parcels with lot widths of 37.5 feet and depths of 88 feet are consistent
with neighboring lots and comply with all applicable zoning regulations. The proposed
parcels are not more nonconforming as to lot width, depth and area than the parcels
that existed prior to the lot line adjustment and those in the vicinity; 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.
Facts in Support of Finding:
1. The proposed boundary adjustment affects interior lot lines. Legal access to the
subject property from Via Mentone and Strada Mentone are not affected by the lot line
adjustment.
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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.
Facts in Support of Finding:
1. The final configuration of the proposed parcels does not result in the loss of direct
vehicular access from any street. Vehicular access to the existing property is taken
from Via Mentone and the final configuration will not change this.
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 are consistent and compatible with the surrounding pattern of
development and existing adjacent setbacks.
Facts 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 lots in the R-1 Zoning District shall continue to apply to the
adjusted lots per the Zoning Code, just as they applied to the previous configuration.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line
Adjustment No. LA2014-002 (PA2014-128), subject to the conditions set forth in Exhibit
A, which is attached hereto and incorporated by reference.
2. This action shall become final and effective ten (10) days after the adoption of this
Resolution 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 16TH DAY OF OCTOBER, 2014.
By:
Brenda Wisneski, AICP. Zoning Administrator
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Page 5 of 5
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 release for recordation of the lot line adjustment, the applicant shall apply
for a building permit to remove the existing single-unit dwelling, and all work fulfilling
this requirement shall be completed and finaled by the Building Division.
3. Prior to issuance of the building permit for the second, new single-unit dwelling, Fair
Share Fees consistent with the fee schedule in effect at the time of building permit
issuance shall be paid for one (1) dwelling unit.
4. The applicant is required to obtain all applicable permits from the City's Building
Division and Fire Department for construction or demolition. The construction plans
must comply with the most recent, City-adopted version of the California Building
Code. The construction plans must meet all applicable State Disabilities Access
requirements.
5. 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 20 (Planning and Zoning) of
the Newport Beach Municipal Code.
6. 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 Via Mentone Lot Line Adjustment including, but not
limited to, LA2014-002 (PA2014-128). 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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accuracy of the data provided,however,The City of
G�$ Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
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_F1 Imagery: 2009-2013 photos provided by Eagle
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Attachment No. ZA 3
Exhibits
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Attachment No. ZA 3 - Exhibits
EXHIBIT "Avv
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA2014-002
LEGAL DESCRIPTION
OWNER EXISTING PARCEL PROPOSED PARCEL
AP NUMBER REFERENCE NUMBERS
214 Via Mentone, LLC 423-224-06 Parcel 1
214 Via Mentone, LLC 423-224-06 Parcel 2
PARCEL 1:
LOTS 569 AND THE NORTHEASTERLY ONE-QUARTER OF LOT 570 OF TRACT NO.
907 IN THE CITY OF NEWPORT BEACH, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 28, PAGES 25 TO 36,
INCLUSIVE, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL2:
THE SOUTHWESTERLY THREE-QUARTERS OF LOT 570 AND THE NORTHEASTERLY
ONE-HALF OF LOT 571 OF TRACT NO. 907 IN THE CITY OF NEWPORT BEACH,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 28, PAGES 25 TO 36, INCLUSIVE, OF MISCELLANEOUS MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
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Attachment No. ZA 3 - Exhibits
EXHIBIT "I3"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA2014-002
MAP
OWNER OWNER OWNER
214 Via Mentone, LLC 423-224-06 Parcel 1
214 Via Mentone, LLC 423-224-06 Parcel 2
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\CFnT 0 LEGEND:
01 CITY OF NEWPORT BEACH \ PROPOSED LOT LINE
EASEMENT FOR PUBLIC
UTILITY PURPOSES PER O.R. EXISTING LOT LINE TO REMAIN
361-113 AND TRACT NO.
907 RECORDED IN BOOK 28 — — LOT LINE TO BE ADJUSTED
PAGES 25 THROUGH 36,
INCLUSIVE , OF EASEMENT LINE
MISCELLANEOUS MAPS
Attachment No. ZA 3 - Exhibits
EXHIBIT "C"
CITY OF NEWPORT BEACH
LOT LIME ADJUSTMENT NO. LA2014-002
SITE PLAN
OWNER OWNER OWNER
214 Via Mentone, LLC 423-224-06 Parcel 1
214 Via Mentone, LLC 423-224-06 Parcel 2
NOTE: EXISTING RESIDENCE
AND GARAGE ARE TO BE
DEMOLISHED.
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01 CITY OF NEWPORT BEACH PROPOSED LOT LINE
EASEMENT FOR PUBLIC
UTILITY PURPOSES PER O.R. EXISTING LOT LINE TO REMAIN
361-113 AND TRACT NO.
907 RECORDED IN BOOK 28 — — — EASEMENT LINE
PAGES 25 THROUGH 36,
INCLUSIVE , OF EXISTING STRUCTURE
MISCELLANEOUS MAPS
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