HomeMy WebLinkAbout04_BR Trust Lot Line Adjustment_PA2020-001CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 13, 2020
Agenda Item No. 4
SUBJECT: BR Trust Lot Line Adjustment (PA2020-001)
Lot Line Adjustment No. LA2020-001
SITE LOCATION: 4700 Surrey Drive
APPLICANT: Toal Engineering, Inc.
OWNER: Byron C Roth and Noemi Chavez-Helm
PLANNER: Liane Schuller, Planning Consultant
949-644-3200, lschuller@newportbeachca.gov
LAND USE AND ZONING
•General Plan: RS-D (Single-Unit Residential Detached) and OS (Open Space)
•Zoning District: R-1-6,000 (Single-Unit Residential Detached) (6000 indicates
minimum lot area) and OS (Open Space)
PROJECT SUMMARY
A lot line adjustment application to adjust the boundary between two contiguous parcels
located in the Cameo Highlands area. Land will be taken from an undeveloped strip of
land along the Surrey Drive right-of-way and reallocated to 4700 Surrey Drive for future
driveway purposes. The area of adjustment is approximately 336 square feet. There will
be no change in the number of parcels.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations)
of the CEQA Guidelines, because it has no potential to have a significant effect on
the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Lot Line Adjustment
No. LA2020-001 (Attachment No. ZA 1).
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BR Trust Lot Line Adjustment (PA2020-001)
Zoning Administrator, February 13, 2020
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DISCUSSION
•The applicant proposes to adjust the boundary between two contiguous parcels
located in the Cameo Highlands area. The unaddressed strip of land along Surrey
Drive is zoned Open Space and the General Plan Land Use Element category is
Open Space (OS). The contiguous property at 4700 Surrey Drive is zoned Single-
Unit Residential (R-1-6,000) and the General Plan Land Use Element category is
Single-Unit Residential Detached (RS-D).
•The property at 4700 Surrey Drive contains a single-family residence originally
constructed in 1978. The 5-foot by 67-foot strip of land along Surrey Drive is a portion
of an unimproved parcel that runs along the street, which was retained by the Irvine
Company when the surrounding area was subdivided.
•The proposed lot line adjustment will shift the existing property line between two
parcels towards the southwest, reallocating approximately 336 square feet of land
to the property at 4700 Surrey Drive. The resulting boundary will facilitate
construction of a driveway from Surrey Drive to a new garage at the lower level of
the existing single-family residence.
•The existing area of 4700 Surrey Drive is approximately 1.002 acres (43,651 square
feet). The proposed lot line adjustment would increase the area to approximately
1.008 acres (43,987 square feet). The existing area of the unaddressed strip of land
along Surrey Drive would reduce from approximately 0.086 acres (3,759 square feet)
to 0.079 acres (3,423 square feet).
•The proposed lot line adjustment will not change the existing use or allowable
intensity or density, of either property. The number of parcels will remain
unchanged.
•The proposed lot line adjustment will not result in a development pattern that is
inconsistent with the surrounding neighborhood. The property at 4700 Surrey Drive
will continue to allow for a maximum of one single-unit dwelling consistent with the
applicable General Plan Land Use and zoning designation.
•Future development at both lots will continue to be required to comply with all
applicable development standards specified by the Zoning Code and General
Plan.
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BR Trust Lot Line Adjustment (PA2020-001)
Zoning Administrator, February 13, 2020
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ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15305 of the State CEQA (California
Environmental Quality Act) Guidelines - Class 5 (Minor Alterations in Land Use
Limitations). This exemption consists of minor alterations in land use limitations in areas
with an average slope of less than 20 percent, which do not result in any changes in land
use or density, including but not limited to minor lot line adjustments not resulting in the
creation of any new parcel. The proposed lot line adjustment affects the shared property
line between two parcels and is necessary for the development of a driveway to access
a new garage at the lower level of the existing residence at 4700 Surrey Drive. There will
be no change in land use, density, or intensity.
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:
GR/ls
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. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT LINE
ADJUSTMENT NO. LA2020-001TO ADJUST THE BOUNDARIES
OF PARCELS LOCATED AT AND ADJACENT TO 4700 SURREY
DRIVE (PA2020-001)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Toal Engineering, Inc. requesting approval of a lot line
adjustment with respect to property located at 4700 Surrey Drive and an adjacent 5-foot
wide strip of undeveloped land along the Surrey Drive right-of-way. These properties are
legally described as Parcel I as shown on Exhibit “B” attached to Lot Line Adjustment No.
98-05 recorded September 22, 1998 as Instrument No. 19980634516 of Official Records
of Orange County, California; and that portion of Block 95, Irvine’s Subdivision, lying
southerly of and contiguous to Parcels 2, 3, and 4 of Parcel Map No. 89-137, excepting
therefrom any portion lying within Tract No. 3519.
2.The applicant proposes to adjust the boundary between two (2) contiguous parcels. Land
taken from the unaddressed, undeveloped strip of land will be reallocated to 4700 Surrey
Drive. There will be no change in the number of parcels.
3.The unaddressed strip of land along Surrey Drive is zoned Open Space and the General
Plan Land Use Element category is Open Space (OS). The contiguous property at 4700
Surrey Drive is zoned Single-Unit Residential (R-1-6,000) and the General Plan Land Use
Element category is Single-Unit Residential Detached (RS-D).
4.The subject properties are not located in the coastal zone.
5.A public hearing was held on February 13, 2020, 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 15305, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 5 (Minor
Alterations in Land Use Limitations) of the Guidelines for CEQA.
2.This exemption consists of minor alterations in land use limitations in areas with an average
slope of less than 20 percent, which do not result in any changes in land use or density,
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Zoning Administrator Resolution No. ZA2020-###
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including minor lot line adjustments. The proposed boundary adjustment affects the
property line between two (2) contiguous parcels and is intended to accommodate future
construction of a driveway to a new garage at the lower level of the existing residence at
4700 Surrey Drive.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 19.76.020 (Procedures for Lot Line Adjustments) of the Newport
Beach Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A.Approval of the lot line adjustment will not, under the circumstances of the particular
case, be detrimental to the health, safety, peace, comfort, and general welfare of
persons residing or working in the neighborhood of such proposed use or be detrimental
or injurious to property and improvements in the neighborhood or the general welfare of
the City, and further that the proposed lot line adjustment is consistent with the legislative
intent of the title.
Facts in Support of Finding:
1.The proposed lot line adjustment will not change the existing use, or allowable intensity
or density, of either property. The General Plan Land Use Designation of Single-Unit
Residential Detached will be maintained for the 4700 Surrey Drive parcel. The Open
Space designation will be maintained for the unaddressed, undeveloped strip of land
along Surrey Drive.
2.The proposed lot line adjustment will not result in a development pattern that is
inconsistent with the surrounding neighborhood. The 4700 Surrey Drive property will
continue to allow for a maximum of one single-unit dwelling consistent with the
applicable General Plan Land Use and zoning designation. The use of the contiguous
undeveloped strip of OS land will continue to be consistent with the applicable General
Plan Land Use and zoning designation.
3.The proposed lot line adjustment is consistent with the purpose identified in Chapter
19.76 (Lot Line Adjustment) of the Newport Beach Municipal Code. The lot line
adjustment constitutes a minor boundary adjustment involving two (2) adjacent lots
where land taken from one lot is added to an adjacent lot. The original number of lots
will remain unchanged after the adjustment.
4.The subdivision does not negatively impact surrounding land owners, and will not in
itself be detrimental to the health, safety, peace, comfort, and general welfare of persons
residing or working in the neighborhood, as the adjustment affects interior property lines
between two (2) adjacent parcels.
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Finding:
B.The number of parcels resulting from the lot line adjustment remains the same as before
the adjustment.
Fact in Support of Finding:
1.The proposed lot line adjustment will adjust the property line between two (2) contiguous
parcels. The number of parcels remains the same as before the lot line adjustment.
Finding:
C.The lot line adjustment is consistent with applicable zoning regulations except that
nothing herein shall prohibit the approval of a lot line adjustment as long as none of the
resultant parcels is more nonconforming as to lot width, depth and area than the parcels
that existed prior to the lot line adjustment.
Facts in Support of Finding:
1.The 4700 Surrey Drive property is located within Single-Unit Residential (R-1-6,000)
Zoning District, intended to provide for detached single-unit dwellings. The
unaddressed, undeveloped strip of land along Surrey Drive is zoned OS (Open Space),
intended to provide areas to maintain and protect the community’s natural open spaces,
and to maintain open space areas within developed areas. The proposed lot line
adjustment will not change the existing use of the parcels affected.
2.The proposed lot line adjustment will shift the existing property line between two (2)
parcels towards the southwest, reallocating approximately 336 square feet of land to the
property at 4700 Surrey Drive. The resulting boundary will allow construction of a
driveway from Surrey Drive to a new garage at the lower level of the existing single-
family residence
3.The proposed 4700 Surrey Drive parcel will continue to exceed the minimum site area
requirement of the R-1-6,000 Zoning District. Lots of this designation are required to
provide a minimum lot area of 6,000 square feet. In this case, the proposed 4700 Surrey
Drive parcel is compliant in size with an area of 1.008 acres (43,897 square feet).
4.The proposed lot line adjustment will not result in a development pattern that is
inconsistent with the surrounding neighborhood. The property at 4700 Surrey Drive will
continue to allow for a maximum of one single-unit dwelling consistent with the
applicable General Plan Land Use and zoning designation.
Finding:
D.Neither the lots as adjusted nor adjoining parcels will be deprived legal access as a
result of the lot line adjustment.
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Fact in Support of Finding:
1.The proposed lot line adjustment affects the interior property lines between two (2)
adjacent parcels. Legal access to the subject properties is not affected by the
adjustment.
Finding:
E.That the final configuration of the parcels involved will not result in the loss of direct
vehicular access from an adjacent alley for any of the parcels that are included in the lot
line adjustment.
Fact in Support of Finding:
1.Vehicular access to the existing properties is from Surrey Drive and the final
configuration will not change.
Finding:
F.That the final configuration of a reoriented lot does not result in any reduction of the
street site setbacks as currently exist adjacent to a front yard of any adjacent key, unless
such reduction is accomplished through a zone change to establish appropriate street
site setbacks for the reoriented lot. The Planning Commission and City Council in
approving the zone change application shall determine that the street site setbacks are
appropriate, and are consistent and compatible with the surrounding pattern of
development and existing adjacent setbacks.
Fact in Support of Finding:
1.The final configuration of the proposed parcels does not result in a requirement for
revised setbacks since the parcels are not proposed to be reoriented. The required
setbacks applicable to parcels in the R-1-6,000 Zoning District shall continue to apply to
the adjusted parcel.
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 (“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.
2.The Zoning Administrator of the City of Newport Beach hereby approves Lot Line
Adjustment No. LA2020-001, subject to the conditions set forth in Exhibit “A,” which is
attached hereto and incorporated by reference.
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3. This action shall become final and effective ten (10) days following the date this
Resolution was adopted unless within such time an appeal is filed with the Community
Development Director in accordance with the provisions of Title 19 (Subdivisions) of the
Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 13th DAY OF FEBRUARY, 2020.
BY:
_____________________________________
Jaime Murillo, Zoning Administrator
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Zoning Administrator Resolution No. ZA2020-###
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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.The approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 19 (Subdivisions) of the Newport Beach Municipal
Code.
3.Prior to recordation of the lot line adjustment, the applicant shall submit the exhibits to the
Public Works Department for final review.
4.To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of the BR Trust Lot Line Adjustment including, but not limited to, Lot Line
Adjustment No. LA2020-001 (PA2020-001). 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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VICINITY MAP
Lot Line Adjustment No. LA2020-001
PA2020-001
4700 Surrey Drive
Subject Property
(4700 Surrey Drive)
Subject Property
(unaddressed)
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Attachment No. ZA 3
Exhibits
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14
15
16
17
18
19
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February 13, 2020, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item 4. BR Trust Lot Line Adjustment No. LA2020-001 (PA2020-001)
I do not believe the statement in Fact in Support of Finding A.1 (handwritten page 6) that “The
proposed lot line adjustment will not change the existing use, or allowable intensity or density, of
either property” is correct as to density.
While the overall density of the subdivision as a whole may not be changing (thus qualifying for
the CEQA exemption), density is defined in Title 20 as number of dwelling units per unit of land
area. Since the number of units allowed at 4700 Surrey Drive is remaining the same, but the lot
area is increasing as a result of the lot line adjustment, the allowed density on that property is
decreasing, however slightly.
Zoning Administrator - February 13, 2020
Item No. 4a Additional Materials Received after Deadline
BR Trust Lot Line Adjustment (PA2020-001)