LOT LINE ADJUSTMENT NO. LA2007-012

(PA2007-184)

PLANNING DEPARTMENT

3300 NEWPORT BOULEVARD

NEWPORT BEACH, CA 92663

(949) 644-3200  FAX (949) 644-3229

 

 

 

 

 

 

 

 

Application No.

 

Lot Line Adjustment No. LA2007-012

(PA2007-184)

 

Applicant

 

Doug and Terri Pasquale

Site Address

 

900 East Balboa Boulevard

Legal Description

 

Balboa Bay Front Tract, All of Lot 1, Block 1 and a portion of abandoned Bay Avenue, adjacent, Tract 94

 

On October 8, 2007, the Zoning Administrator approved the application request to combine two portions of a parcel and a portion of the East Bay Avenue abandoned right of way into a single parcel of land for continuation of the existing residential use. Additionally, the application includes a request to waive the requirement for filing of a parcel map pursuant to Section 19.68.060(D) of the Newport Beach Municipal Code. The property is located in the R-2 District. The Zoning Administrator’s approval is based on the following findings and subject to the following conditions.

 

 

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 approve the use of a lot line adjustment to combine the lots.

 

FINDINGS

 

The Zoning Administrator determined in this case that the proposed lot line adjustment is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and is approved based on the following findings per Section 19.12.070 of Title 19:

 

1.                  The approval of the proposed Lot Line Adjustment will allow development and related improvements to an existing triplex reducing the density of the property to a single-family dwelling unit. The proposed improvements are permitted in the R-2 Zoning District and the proposed subdivision is consistent with the density of the R-2 Zoning District and the current General Plan Land Use Designation “Two-Unit Residential Detached”.

 

2.                  The lot is regular in shape and has very little slope which indicates that the site is suitable for the proposed improvements and development.

 

3.                  This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations) and Class 15 (Minor Land Divisions).

 

4.                  The proposed Lot Line Adjustment is for development and related improvements to convert the existing triplex to a single-family dwelling unit.  All Building, Public Works, and Fire codes will be complied with in the construction of the proposed improvements and any future development of the property. Public improvements may be required of the developer per Section 19.28.010 of the Municipal Code and Section 66411 of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with.

 

5.                  The design 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 since there are currently no public easements located on the property.

 

6.                  The property is not subject to the Williamson Act since its use is not agricultural.

 

7.                  The property is not located within the boundaries of a specific plan and is not subject to any specific plan regulations.

 

8.                  The proposed improvements and any future construction related to the proposed single-family dwelling are 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 process.

 

9.                  The proposed subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of California Government Code regarding the City’s share of the regional housing need. The proposed subdivision will have no effect on the residential density on the site since the existing triplex will be converted to a single-family dwelling unit.

 

10.             Wastewater discharge into the existing sewer system will remain consistent with the existing multi-family residential use of the property or will be reduced, which does not violate Regional Water Quality Control Board (RWQCB) requirements.

 

11.             The proposed Lot Line Adjustment conforms to the certified Local Coastal Program since the site is located in a two-family residential development and is not developed with coastal-related uses, coastal-dependent uses or water-oriented recreational uses that would be displaced. Public access exists nearby making on-site vertical and lateral access unnecessary

 

PROCEDURAL REQUIREMENTS

 

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.                  All vehicular access shall be from the adjacent alley unless otherwise approved by the Public Works Department.

 

4.                  The lot line adjustment and grant deeds reviewed and approved by the Public Works Department should be filed concurrently with the County Recorder and County Assessor’s Offices.

 

5.                  In conformance with the California Coastal Act, Coastal Commission approval shall be obtained prior to the recordation of the lot line adjustment.

 

6.                  No building permits may be issued until the appeal period has expired, unless otherwise approved by the Planning Department.

 

7.                  Prior to final of the building permit for the conversion of the existing triplex to a single-family dwelling unit, the Planning Department shall verify Coastal Commission approval of the lot line adjustment and recordation of the document with the County Recorder.

 

8.                  Applicant shall provide an easement for the storm drain located on A Street near the northwesterly property line.

 

9.                  This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.050 of the Newport Beach Municipal Code.

 

Appeal Period

 

The Zoning Administrator’s decision may be appealed to the Planning Commission within 14 days of the action date. A $600.00 filing fee shall accompany any appeal filed. No building permits may be issued until the appeal period has expired.

 

 

By                                                                               

      Zoning Administrator Javier S. Garcia, AICP

 

JSG:ks/rm

 

Attachments:  Vicinity Map

 

Appeared in Opposition:  None

 

Appeared in Support:  None


 

VICINITY MAP

 

Lot Line Adjustment Permit No.  LA2007-012

PA2007-184

 

900 East Balboa Boulevard