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LOT LINE
ADJUSTMENT NO. LA2007-014 (PA2007-208) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Lot Line Adjustment No. LA2007-014 (PA2007-208) |
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Applicant |
Judith Downey |
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Site Address |
1752 East Ocean Front |
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Legal Description |
Tract 518, Lot 14 , Block C, and Easterly half of Lot
13, Block C |
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On November 19, 2007,
the Zoning Administrator approved the application request to combine a lot and a portion of an adjacent lot into
a single parcel of land for single-family development. 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-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
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 a single-family
residence. 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 lot 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 a single lot and allow the development of a
single-family residence. 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 single family residence will
be demolished and replaced with a new single-family residence.
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.
Prior to final
of the building permit for 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
7.
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.
8.
Any party may
appeal the decision of the Zoning Administrator to the Planning Commission
within 14 days of the decision date. A $600.00 filing fee must accompany the
submitted appeal.
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. LA2007-014
PA2007-208
1752 East Ocean Front