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LOT LINE
ADJUSTMENT NO. LA2007-009 (PA2007-125) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Lot Line Adjustment No. LA2007-009 (PA2007-125) |
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Applicant |
Michael and Kimberly
Robertson |
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Site Address |
519 and 523 Aliso
Avenue |
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Legal Description |
First addition to Newport Heights, Block 37, Lots 19
and 20. |
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On July 23, 2007,
the Zoning Administrator approved the application request to merge two existing lots into a single parcel. Also
included in the application is a request to waive the requirements to file a
parcel map per Title 19 of the Newport Beach Municipal code (Section
19.68.060D). The property is located in the R-1
District. The Zoning Administrator’s approval is based on the following
findings and subject to the following conditions. |
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AUTHORITY
In accordance with Section 19.68.060, voluntary mergers of contiguous
lots, under one ownership, may be initiated by the lot owner. In cases where no
more than one parcel is eliminated the Zoning Administrator may approve a
waiver of the parcel map requirement and use of a lot line adjustment to
combine the lots.
FINDINGS
In waiving the parcel map requirement per Section 19.08.030, the Zoning
Administrator has determined that the proposed division of land complies with
requirements as to area, improvement and design, flood water drainage control,
appropriate improved public roads, sanitary disposal facilities, water supply availability,
environmental protection, and other applicable requirements of the Subdivision
Code, the Zoning Code, and the General Plan and per Section 19.12.070 and
19.68.060 of Title 19 and makes the following findings:
1.
The proposed lot merger combines two
lots into one. As currently proposed, each lot has one existing single family
dwelling unit and garage. The single-family dwelling unit and garage located on
lot 19 will be demolished and the existing single family dwelling and garage on
lot 20 will remain. The property remains consistent with the single-unit
residential detached land use designation in the current General Plan. Both of
the lots to be combined comply with the Zoning Code Residential Development
Regulations (20.10.030) relating to lot area and minimum lot width.
2.
The merged parcel will have an area of
approximately 12,750 square feet with very little slope and provides a building
pad physically suitable for a single family dwelling unit.
3.
The project is categorically exempt
from the requirements of the California Environmental Quality Act under Class
15 (Minor Land Divisions) and Class 5 (Minor Alterations in Land Use
Limitations).
4.
The design of the merger, demolition
of one single family unit and garage, is not likely to cause serious public
health problems. No evidence is known to exist to indicate that the proposed
merger will generate any serious public health problems. All Building, Grading,
Public Works and Fire Codes will be implemented to ensure the protection of public
health.
5.
The play of the
subdivision will not conflict with any easements acquired by the
public-at-large for access through or use of the property within the proposed
subdivision; and there are no existing public or private easements located on
the property.
6.
The properties are not subject to the
Williamson Act since their use is not agricultural.
7.
The properties are not located within
the boundaries of a specific plan and are not subject to any specific plan
regulations.
8.
Any future development of the proposed
lot merger is subject to Title 24 of the California Building Code that requires
new construction to meet minimum heating and cooling efficiency standards
depending on location and climate. The Newport Beach Building Department
enforces Title 24 compliance through the plan check and inspection processes.
9.
The proposed lot merger is consistent
with Section 66412.3 of the Subdivision Map Act and Section 65584 of the
California Government Code regarding the City’s share of the regional housing
need. Although the proposed lot merger will have the effect of reducing the
residential density on the merged site from 2 units to 1 unit, the reduction is
insignificant given the City’s current housing supply. No affordable housing
units are being eliminated since neither of the 2 lots to be merged is occupied
by low or moderate income households. The reduction in density is consistent
with existing density limitations of the Municipal code.
10.
Wastewater discharge into the existing
sewer system will be consistent with the existing single family residential use
of each of the merged lots, which does not violate Regional Water Quality
Control Board (RWQCB) requirements.
11.
The proposed lot merger is not located
within the certified Local Coastal Program Zone and is not subject to its
requirements.
12.
The lots to be merged are under common
ownership.
13.
The lots as merged will be consistent
with the R-1 Zoning District regulations and other regulations relating to the
subject property.
14.
The remaining single family dwelling
unit and garage on lot 20 has access from the front of the property along
PROCEDURAL REQUIREMENTS FOR RECORDING
1.
All applicable Public Works Department
plan check fees shall be paid prior to review of the lot line adjustment and
grant deeds.
2.
Prior to recordation of the lot line
adjustment, grant deeds indicating the changes in titles of ownership should be
submitted to the Public Works Department for review and approval.
3.
The lot line adjustment and grant
deeds reviewed and approved by the Public Works Department should be filed
concurrently with the
4.
No building permits may be
issued until the appeal period has expired, unless otherwise approved by the
Planning Department.
5.
Prior to recordation of the Lot Line
Adjustment, the demolition permit for at least one dwelling unit shall have
been issued and that dwelling unit shall have been substantially removed.
6.
This approval shall expire unless
exercised within 24 months from the date of approval as specified in Section
20.93.055 of the Newport Beach Municipal Code.
Appeal Period
The
Zoning Administrator’s decision may be appealed to the
By:
Zoning Administrator Javier S. Garcia,
AICP
JSG: ks
Attachments:
Vicinity Map
Appeared
in Opposition: None
Appeared in Support:
None
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Lot Line Adjustment Permit No. LA2007-009
PA2007-125
519 and 523 Aliso Avenue