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LOT LINE
ADJUSTMENT NO. LA2007-013 (PA2007-188) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Lot Line Adjustment No. LA2007-013 (PA2007-188) |
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Applicant |
JR West Bay Avenue,
LLC |
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Site Address |
1210 – 1220 West Bay
Avenue |
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Legal Description |
Southeasterly 30-feet of Lot 7, Lot 8 and Lot 9, Block 3, Tract 626 |
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On October 22, 2007,
the Zoning Administrator approved the application request to merge and adjust interior lot lines between two existing
lots and a portion of an existing lot to create two individual parcels, each for
single-family development. Also included in the application is a request to
waive the requirement to file a parcel map per Title 19 of the Newport Beach
Municipal code (Section 19.68.060D) since no more than one lot will be
eliminated. 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 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 the development of two single-family residences. The proposed subdivision
is consistent with the density of the R-1 Zoning District and the current
General Plan Land Use Designation “Single-Family Residential”. The lots to be
merged are under common ownership at the time of the merger. The proposed lots
will comply with the Zoning Code requirements for lot width and lot area.
Neither the lots as merged nor adjoining parcels will be deprived of legal
access as a result of the merger.
2.
The existing and proposed lots are regular in shape and
have very little slope which indicates that they are 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 will create two lots
and allow the development of two single-family residences. All Building, Public
Works, and Fire codes will be complied with in the construction, proposed
improvements and future development of the properties. 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 dwellings 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 single family residence
will be demolished and two single-family residences will be developed.
10.
Wastewater
discharge into the existing sewer system will remain consistent with the regulations
for single-family use of the property and 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 single-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.
The lot line adjustment and grant
deeds reviewed and approved by the Public Works Department should be filed
concurrently with the
4.
In conformance with the California Coastal Act, Coastal
Commission approval shall be obtained prior to the recordation of the lot line
adjustment.
5.
No building permits may be issued
until the appeal period has expired, unless otherwise approved by the Planning
Department.
6.
The unit requires two sewer lateral
cleanouts installed per CNB standard 406-L.
7.
Prior to final of the building permit f
or any new construction on the properties, the Planning Department shall verify
Coastal Commission approval of the lot line adjustment and recordation of the
document with the
8.
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
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. LA2007-013
PA2007-188
1210
– 1220 West Bay Avenue