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HomeMy WebLinkAbout01 - Langson Lot Line Adjsutment - PA2015-017 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 c`�LfFOR�,P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT May 28, 2015 Agenda Item No. 1 SUBJECT: Langson Lot Line Adjustment - (PA2015-017) 2616 and 2636 Bay Shore Drive • Lot Line Adjustment No. LA2015-001 APPLICANT: Jack and Shanaz Langson OWNER: Jack and Shanaz Langson Trust PLANNER: Gregg Ramirez, Senior Planner 949-644-3219, gramirez@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: R-1 (Single-Unit Residential) • General Plan: RS-D (Single-Unit Residential Detached) PROJECT SUMMARY An application for a lot line adjustment for the interior boundary between two contiguous parcels. Land taken from 2636 Bay Shore Drive will be added to the adjacent parcel at 2616 Bay Shore Drive. There will be no change in the number of parcels. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. _ approving Lot Line Adjustment No. LA2015-001 (Attachment No. ZA 1). DISCUSSION • The applicant requests to adjust the interior lot line 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 residences. 1 Langson Lot Line Adjustment Zoning Administrator, May 28, 2015 Page 2 • The General Plan designates the subject property as Single-Unit Residential Detached (RS-D) which is intended for detached single-family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. • Both lots currently measure 63.35 feet in width and 120 feet in depth with a lot area of 7,602 square feet. • The requested lot line adjustment will move the interior lot line to the east by 18.35 feet. The proposal would take approximately 2,202 square feet from 2636 Bay Shore Drive and add it to 2616 Bay Shore Drive. • The proposed lot dimensions of 2616 Bay Side Drive are 81.70 feet wide by 120 feet deep resulting in a lot area of 9,804 square feet. • The proposed lot dimensions of 2636 Bay Side Drive are 45 feet wide by 120 feet deep resulting in a lot area of 5,400 square feet. • The proposed parcels are consistent with the development pattern in the area with neighboring lots being primarily 40 feet or 63 feet in width. Lots with larger width exist farther down Bay Side Drive in both directions. • The number of parcels will remain unchanged as a result of the boundary adjustment. • If approved, the request to shift the interior lot line will require the demolition or significant alteration of the home of the existing residence located on Parcel 2 (2636 Bay Shore Drive). In either case, the applicant will be required to obtain a building permit for the removal or alteration of the structure and have the permit finaled prior to the recordation of the lot line adjustment. • Future development of both parcels will be required to comply with all applicable R-1 development standards specified by the Zoning Code. ENVIRONMENTAL REVIEW The project has been reviewed, and qualifies for a Class 5 (Minor Alterations in Land Use Limitations) categorical exemption 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). 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. TmpIt:04-17-14 Langson Lot Line Adjustment Zoning Administrator, May 28, 2015 Page 3 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 prior to the decision date, 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 the action or decision was rendered. For additional information on filing an appeal, contact the Planning Division at (949) 644-3200. Prepared by: Gregg R ry Irez Senior Planner Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Lot Line Adjustment Exhibits TmpIt:04-17-14 3 V� QP �P Attachment No. ZA 1 Draft Resolution 5 V� QP �P RESOLUTION NO. ZA2015-0## A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2015-001 TO ADJUST THE BOUNDARIES OF PARCELS LOCATED AT 2616 AND 2636 BAY SHORE DRIVE (PA2015-017) 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 Jack and Shanaz Langson Trust, Property Owner, with respect to property located at 2616 and 2636 Bay Shore Drive, and legally described as Lot 4 in Tract 2095, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 58, Page 19 of Miscellaneous Maps, Records of Orange County, California excepting the southwesterly 22.3 feet and, Lot 5 in Tract 2095, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 58, Page 19 of Miscellaneous Maps Records of Orange County, California excepting the southwesterly 22.3 feet respectively, requesting approval of a lot line adjustment. 2. The applicant proposes to shift the interior lot line between contiguous parcels of land, to the east. The boundary adjustment will take land from 2636 Bay Shore Drive (Parcel 2), and add it to 2616 Bay Shore Drive (Parcel 1). The lot line adjustment will increase the area of Parcel 1 from 7,602 square feet to 9,804 square feet. It will reduce the area of Parcel 2 from 7,602 square feet to 5,400 square feet. The minor boundary adjustment will have no impact on access to or use of the affected properties. 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 (RS-D). 4. The subject properties are located within the Coastal Zone. The Coastal Land Use Plan category is Single-Unit Residential Detached (RSD-B). 5. A public hearing was held on May 28, 2015, 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. The project has been reviewed, and qualifies for a Class 5 (Minor Alterations in Land Use Limitations) categorical exemption 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). Zoning Administrator Resolution No. ZA2015-0## Page 2 of 5 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 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 parcels, 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 lot line adjustment will not change the single-unit residential use of the lots affected, and will maintain consistency with the General Plan Land Use Designation, Single-Unit Residential Detached (RS-D), which is intended for detached single-family residential dwelling units on a single lot. 2. 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) adjacent lots where the land taken from one (1) lot is added to an adjacent lot. The original number of lots will remain unchanged after the adjustment. 3. The subdivision 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. 4. 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 lot line adjustment. 8 Zoning Administrator Resolution No. ZA2015-0## Page 3 of 5 Facts in Support of Finding: 1. The proposed lot line adjustment will shift the interior lot line between two (2) adjacent legal lots, taking land from Parcel 2 and adding to Parcel 1. 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 parcels conform with the development pattern in the area which consists of lots with varying widths. The original subdivision of the subject parcels (Tract Map 2095 dated May 7, 1954) and those within the vicinity across Bay Shore Drive (Tract Map 1102 dated October 2, 1945) created lots ranging between 40 feet and 63 feet wide. The width of proposed Parcel 1 (2616 Bay Shore Drive) will be 81.70 feet and proposed Parcel 2 (2636 Bay Shore Drive) will be 45 feet wide. 2. The depth of the resultant parcels will remain the same as the parcels that existed prior to the lot line adjustment. 3. Setbacks applicable to properties in the R-1 Zoning District shall continue to apply to the adjusted parcels in the same way that they applied to the previous parcel configuration. 4. The proposed parcels will comply with all applicable regulations of the Zoning Code 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. Legal access to the subject properties from Bay Shore Drive will not be affected by the lot line adjustment. 9 Zoning Administrator Resolution No. ZA2015-0## Page 4of5 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 parcels involved will not result in the loss of direct vehicular access from any street for either parcel. Vehicular access to both parcels is taken from Bay Shore Drive and the final configuration will not change this. 2. There are no alleys located within or near the subject parcels. 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 parcels will not result in a requirement for revised setbacks since the lots are not proposed to be reoriented. Therefore, the lot line adjustment does not result in the reduction of any existing setbacks. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2015-001 (PA2015-017), 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 281h DAY OF MAY, 2015. BY: Brenda Wisneski, AICP, Zoning Administrator 10 Zoning Administrator Resolution No. ZA2015-0## 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 release for recordation of the lot line adjustment, the applicant shall obtain a building permit to demolish or alter the residential structure on proposed Parcel 2 (2616 Bay Shore Drive). If the building is altered, the structure is required to comply with all applicable Zoning Code Development standards including but not limited to setbacks, floor area limits and building height. In either case, the building permit is required to be finaled prior to recordation of the lot line adjustment. 3. 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 Langson Lot Line Adjustment including, but not limited to, Lot Line Adjustment No. LA2015-001 (PA2015-017). 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. 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 20 Planning and Zoning of the Newport Beach Municipal Code. 11 V� QP �P z� Attachment No. ZA 2 Vicinity Map 13 VICINITY MAP `•' .,4 A 4 ��'_•F / �+'�!'V..r ./ �ll „('may n a� (• —T P •s 4 7 / A/, m ' 1 _ !y ` ,tom"-.�In nvc-vN V` a \ . t(, f} Langson Lot Line Adjustment 2616 and 2636 Bay Shore Drive Lot Line Adjustment No. LA2015-001 (PA2015-017) 1 � Attachment No. ZA 3 Lot Line Adjustment Exhibits 15 V� QP �P PA2015-017 Attachment No. ZA 3-Lot Line Adjustment Exhibits EXHIBIT 'ASHEET 1 OF 2 CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. LA 2015----- (Legal Description) _ Owners Existing Parcels Proposed Parcels AP Number Reference Number JACK M.LANGSON AND SHANAZ S. LANGSON,TRUSTEES OF THE 049-177-29 PARCEL 1 JACK AND SHANAZ LANGSON TRUST U/A DATED APRIL 25,2009 JACK M.LANGSON AND SHANAZ S.LANGSON,TRUSTEES OF THE 049-177-28 PARCEL 2 JACK AND SHANAZ LANGSON TRUST U/A DATED APRIL 25,2009 PARCELI: In the City of Newport Beach, County of Orange, State of California, being all of Lots 4 and 5 of Tract No. 2095 as per map filed in Book 58, Page 19 of Miscellaneous Maps, in the Office of the County Recorder of said Orange County, EXCEPTING THEREFROM the Southeasterly 45.00 feet of said Lot 4, ALSO EXCEPTING THEREFROM the southwesterly 22.3 feet, more or less, of said Lots 4 and 5, lying bayward of the existing sea wall, including the waters of the Newport Bay adjacent to and in front of said land. Containing 0.225 Acres (9,804 square feet), more or less. All as shown on Exhibit'B' attached hereto and by this reference made a part hereof. LAND S_�GF VIKTOR P. p J MEUM A PREPARED BY ME OR UNDER MY * * DIRECTION ON: j-20-15 N� No. 8682 �Q �,/G����� 9TH OF CP.t-'� `�// VIKTOR P. MEUM LS 8682 JN 15415 PA2015-017 Attachment No. ZA 3-Lot Line Adjustment Exhibits EXHIBIT 'A' SHEET 2 OF 2 CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. LA 2015-____ (Legal Description) Owners Existing Parcels Proposed Parcels AP Number Reference Number JACK M. LANGSON AND SHANAZ S. LANGSON,TRUSTEES OF THE 049-177-29 PARCEL 1 JACK AND SHANAZ LANGSON TRUST U/A DATED APRIL 25,2009 JACK M.LANGSON AND SHANAZ S.LANGSON,TRUSTEES OF THE 049-177-28 PARCEL 2 JACK AND SHANAZ LANGSON TRUST U/A DATED APRIL 25,2009 PARCEL 2: In the City of Newport Beach, County of Orange, State of California, being the Southeasterly 45.00 feet of Lot 4 of Tract No. 2095 as per map filed in Book 58, Page 19 of Miscellaneous Maps, in the Office of the County Recorder of said Orange County, EXCEPTING THEREFROM the southwesterly 22.3 feet, more or less, of said Lot 4, lying bayward of the existing sea wall, including the waters of the Newport Bay adjacent to and in front of said land. Containing 0.124 Acres (5,400 square feet), more or less. All as shown on Exhibit'B' attached hereto and by this reference made a part hereof. IAND SG�GF VIKTOR P. o MEUM PREPARED BY ME OR UNDER MY * * DIRECT ITT IIIO�N ON.• 1-20-I5 N� No. 8682 T6� OF CA\ � VIKTOR P. MEUM LS 8682 JN 15415 PA2015-017 Attachment No. ZA 3-Lot Line Adjustment Exhibits EXHIBIT 'B' SHEET 1 OF 1 CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. LA 2015----- (map) Owners Existing Parcels Proposed Parcels AP Number Reference Number JACK M.LANGSON AND SHANAZ S.LANGSON,TRUSTEES OF THE 049-177-29 PARCEL 1 JACK AND SHANAZ LANGSON TRUST UTA DATED APRIL 25,2009 JACK M.LANGSON AND SHANAZ S.LANGSON,TRUSTEES OF THE 049-177-28 PARCEL 2 JACK AND SHANAZ LANGSON TRUST U/A DATED APRIL 25,2009 � w O > M a +/-160' TO ARBOR DRIVE f^ BAYSHORE DRIVE L (PRIVATE STREET) L0 iO r\ N 61'01'07" W 126.70' n N 63.35' 63.35' - N 81.70' -� 45.00' = ---- ---------------T----- --------------- po I "=40' 1 9 I SCALE: r.1 1 F I a PARCEL 1 PARCEL 2 C, ry 9804 SQ. FF.. I o 5400 SO. FT �v UJ pOO G3o N rpm. w I 6 00 W 4 0 0 I N Go I � N 2 I C 2 I ro VFna V Moo 2009 I N I s I 81.70' I -,� 45.00' I '- N 6101'07" W 126.70' p©r I POO pl.16 U.S. GOVERNMENT BULKHEAD LINE PER TRACT No. 2095 0 G W p O 0 y TE FAOT o f C3 G1 47 ARPRWAMPEKCEP EJ t-AND SG 2.3 It G gEA 9p 0•R'2t4 LEGEND: CxI5TI12g15/9 VIKTOR P. p PER * MEUM EXISTING LOT LINE TO REMAIN ----- EXISTING LOT LINE TO BE REMOVEDN No. 8682 �Q PROPOSED PARCEL LINE 9TF OF CAL\ ---------- EASEMENT LINE 10'WIDE EASEMENT IN FAVOR OF SOUTHERN PREPARED BY ME OR UNDER MY El CALIFORNIA EDISON COMPANY RECORDED IN DIRECTION ON: I'ZO-I5 BOOK 3418,PAGE 155 O.R. ❑ 10'WIDE EASEMENT IN FAVOR OF PACIFIC B TELEPHONE AND TELEGRAPH COMPANY AOL— RECORDED IN BOOK 3773, PAGE 585 O.R. VIKTOR P. MEUM LS 8682 19 JN 15415 PA2015-017 Attachment No. ZA 3-Lot Line Adjustment Exhibits EXHIBIT 'C' SHEET 1 OF 1 CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. LA 2015---- (Site Plan) Owners Existing Parcels Proposed Parcels AP Number Reference Number JACK M.LANGSON AND SHANAZ S.LANGSON,TRUSTEES OF THE 049-177-29 PARCEL 1 JACK AND SHANAZ LANGSON TRUST UTA DATED APRIL 25,2009 JACK M.LANGSON AND SHANAZ S.LANGSON,TRUSTEES OF THE 049-177-28 PARCEL 2 JACK AND SHANAZ LANGSON TRUST UTA DATED APRIL 25,2009 cl� w O ) M — X Q +/-160' TO ARBOR DRIVE BAYSHORE DRIVE (PRIVATE STREET) in in n ri N N I Z77- 101 10 0 01 16 OE I P 9 �E5�0 I SCALE: 0 1"=40' R I PARCEL 1 I PARCEL 2 9804 SQ. FF. I 5400 SQ. FF. I NOTE: POQo I pogo PORTION OF THE EXISTING RESIDENCE OF PROPOSED PARCEL 2 SHALL BE REMOVED TO CONFORM I WITH CITY OF NEWPORT BEACH ZONING CODE. I RE510 'Tn ,% @V ho. _ 2@06 i N. H. 90/ 10 I I V@M. F5poOL3a 46 U.S. GOVERNMENT BULKHEAD LINE PER TRACT No. 2095 G 1 L [wl L� O G7 7 FACE plepOF C3 G^Q 47 PPPR0%10E CE LAND SCi 3' TO SEA 9 O.R. LEGEND: E%15TIOZg15/g ' VIKTOR P. PER * MEUM EXISTING LOT LINE TO REMAIN N� No. 8682 �Q ----- EXISTING LOT LINE TO BE REMOVED 9 � PROPOSED PARCEL LINE T�OF OAt-\�0� ---------- EASEMENT LINE 10'WIDE EASEMENT IN FAVOR OF SOUTHERN PREPARED BY ME OR UNDER MY a CALIFORNIA EDISON COMPANY RECORDED IN DIRECTION ON: I-ZD-16 BOOK 3418,PAGE 155 O.R. 10'WIDE EASEMENT IN FAVOR OF PACIFIC © TELEPHONE AND TELEGRAPH COMPANY RECORDED IN BOOK 3773,PAGE 585 O.R. rAgt(�, VIKTOR P. MEUM LS 8682 �O JN 18415