HomeMy WebLinkAbout03_Cefalia Residence Coastal Development Permit_PA2018-034
08/17/2017
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 24, 2018
Agenda Item No. 3
SUBJECT: Cefalia Residence (PA2018-034)
Coastal Development Permit No. CD2018-014
SITE LOCATION: 104 Via Palermo
APPLICANT: Bill Cope Design
OWNER: Joseph Cefalia Jr.
PLANNER: Chelsea Crager, Associate Planner
949-644-3227, ccrager@newportbeachca.gov
GENERAL PLAN/ZONING DISTRICT
General Plan: RS-D (Single Unit Residential Detached)
Zoning District : R-1 (Single-Unit Residential)
Coastal Land Use Category: RSD-C (Single-Unit Residential Detached) – (10.0-19.9
DU/AC)
Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
Request for approval of a coastal development permit (CDP) to allow the construction of a
new 4,345 square foot, 2-story single family home including an attached 572-square-foot,
2-car garage and a roof deck. The project also includes landscaping, hardscape and
drainage. The proposed residence complies with all applicable development standards
including height, setbacks, and floor area limits. No deviations are requested.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures), because it has no potential to have a significant effect on the environment;
and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2018-014 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject property is located in the R-1 Coastal Zoning District, which provides for
single-unit residential development and is consistent with the City’s Coastal Land
Use Plan, General Plan, and Zoning Code. A CDP is required and the property is not
eligible for a Waiver for De Minimis Development because the property is located in
the Appeal Area.
The neighborhood is predominantly developed with one - and two-story, single-
family residences. The proposed design, bulk, and scale of the development is
consistent with the existing neighborhood pattern of development , the anticipated
neighborhood pattern of development and is consistent with applicable
development standards.
The lot is approximately 40 feet wide by 88 feet deep, with an approximate area of
3,520 square feet.
The property is located in an area eligible for a Categorical Exclusion. However, the
proposed single-family residence exceeds the 1.5 floor area limit identified in
Categorical Exclusion Order (CEO) CE-5-NPB-16-1. The development otherwise
complies with all other applicable CEO limits and standards. Additionally, the
proposed residence conforms to all applicable development standards (see below)
and height is measured from 14.32 feet North American Vertical Datum of 1988
(NAVD88) as the established grade.
The proposed single-family dwelling and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans (Attachment No. ZA 3) and
illustrated in Table 1 below.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Via Palermo) 4 feet 4 feet
Front (Strada Palermo) 10 feet 10 feet
Sides 3 feet 3 foot
Allowable Floor Area 5,032 square feet 4,345 square feet
Third Floor Area 377 square feet 0 square feet
Open Volume 377 square feet 380 square feet
Parking 2-car garage 2-car garage
Height 24 feet flat roof/deck rail
29 feet sloped roof
24 feet flat roof/deck rail
28 feet 8 inches feet sloped
roof
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Hazards
The development is separated from the shoreline by Via Lido Soud and two rows
of residences. The subject property is located approximately 180 feet from the bay
and is not protected by a bulkhead.
The finished floor elevation of the proposed dwelling is 15.08 (NAVD88), which
complies with the minimum 9 feet (NAVD88) elevation standard.
The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code
(CBC) and Building Division standards and policies. Geotechnical investigations
specifically addressing liquefaction are required to be reviewed and approved prior
to the issuance of building permits. Permit issuance is also contingent on the
inclusion of design mitigation identified in the investigations. Construction plans are
reviewed for compliance with approved investigations and the CBC prior to building
permit issuance.
Water Quality
The property is not located within 100 feet of coastal waters. The project design
addresses water quality with a construction erosion control plan and a post
construction drainage system that includes drainage and percolation features
designed to retain dry weather and minor rain event run-off on-site. Any water not
retained on-site is directed to the City’s storm drain system.
Public Access
The project site is located between the nearest public road and the sea or shoreline;
however, the project will not affect public recreation, access, or views and will not
affect the public’s ability to gain access to, use, and/or view the coast and nearby
recreational facilities. The residential lot does not currently provide nor inhibit
public coastal access.
Vertical access points to the harbor are located at various street-ends throughout
Lido Isle, including the Via Orvieto street-end.
The property is not located near Public Viewpoints or Coastal View Roads, as
designated in the Coastal Land Use Plan, and will not impact public coastal views.
Due to the distance of the proposed development from the Public View points and
the project’s compliance with height and setbacks, views of the ocean, beach and
harbor from other public spaces will not be impacted by the proposed development.
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The proposed project is located entirely on private property and there will be no
reduction in on-street parking spaces.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has
no potential to have a significant effect on the environment.
Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
construction of a new 4,345-square-foot single-family residence including an attached
572-square-foot 2-car garage.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants 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:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
GBR/cc
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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08/17/2017
Attachment No. ZA 1
Draft Resolution
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04-03-2018
RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2018-014 TO CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE, ATTACHED 2-CAR
GARAGE AND ROOF DECK LOCATED AT 104 VIA PALERMO
(PA2018-034)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Bill Cope Design (“Applicant”) on behalf of Joseph Cefalia Jr.
(“Owner”), with respect to property located at 104 Via Palermo, requesting approval of a
coastal development permit.
2. The lot at 104 Via Palermo is legally described as Lot 97 and the Southwesterly 10 feet
of Lot 98, Tract 907.
3. The applicant proposes a coastal development permit for the construction of a new, 4,345-
square-foot, two-story single family dwelling including a 572-square-foot, two-car garage
and a roof deck. The development also includes hardscape, drainage, and landscaping.
The proposed development complies with all applicable development standards including
height, setbacks and floor area limits. No deviations are requested.
4. The subject property is designated RS-D (Single Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1 (Single Unit Residential)
Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-C (Single Unit Residential Detached – (10.0-19.9 DU/AC)) [Land use
category (two-letter designator)] and it is located within the R-1 (Single-Unit Residential)”
Coastal Zone District.
6. A public hearing was held on May 24, 2018, 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 hearing 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 hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures), because it has no potential to have a significant
impact on the environment.
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Zoning Administrator Resolution No. ####
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04-03-2018
2. Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of one single-family residence and the construction of a new 4,345-square-
foot single-family residence and attached 572-square-foot 2-car garage.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 5,032 square feet and the proposed floor area
is 4,345 square feet.
b. The proposed development provides the minimum required setbacks, which are 10
feet along the front property line abutting Strada Palermo, 3 feet along each side
property line and 4 feet along the front property line abutting the Via Palermo.
c. The highest guardrail is less than 24 feet from established grade (14.32 feet
NAVD88) and the highest ridge is no more than 29 feet from established grade,
which comply with the maximum height requirements.
d. The project includes garage parking for a total of two vehicles, complying with the
minimum two-car garage parking requirement for single-family residences with less
than 4,000 square feet of habitable floor area.
2. The neighborhood is predomina ntly developed with two- and three-story, single-family
residences. The proposed design, bulk, and scale of the development is consistent with
the existing neighborhood pattern of development and expected future development.
3. The development is separated from the shoreline by Via Lido Soud and two rows of
residences. The subject property is located approximately 180 feet from the bay and is not
protected by a bulkhead.
4. A finished floor elevation of the proposed dwelling is 15.08 feet (NAVD88), which
complies with the minimum 9 feet (NAVD88) elevation standard .
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04-03-2018
5. The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code (CBC)
and Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance of
building permits. Permit issuance is also contingent on the inclusion of design mitigation
identified in the investigations. Construction plans are reviewed for compliance with
approved investigations and CBC prior to building permit issuance.
6. The property is not located within 100 feet of coastal waters. The project design
addresses water quality with a construction erosion control plan and a post construction
drainage system that includes drainage and percolation features designed to retain dry
weather and minor rain event run-off on-site. Any water not retained on-site is directed to
the City’s storm drain system.
7. Proposed landscaping complies with Implementation Plan Section 21.30.075. A
condition of approval is included that requires drought-tolerant species. Prior to issuance
of building permits, the final landscape plans wi ll be reviewed to verify invasive species
are not planted
8. The property is not located near Public Viewpoints or Coastal View Roads, as designated
in the Coastal Land Use Plan, and will not impact public coastal views. Due to the distance
of the proposed development from the Public Viewpoints and the project’s compliance
with height and setbacks, views of the ocean, beach and harbor from other public spaces
will not be impacted by the proposed development.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone .
Fact in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline;
however, the project will not affect public recreation, access, or views and will not affect
the public’s ability to gain access to, use, and/or view the coast and nearby recreational
facilities. The residential lot does not currently provide nor inhibit public coastal access.
2. Vertical access points to the harbor are located at various street-ends throughout Lido Isle,
including the Via Orvieto street-end.
3. The proposed project is located entirely on private property and there will be no reduction
in on-street parking spaces.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
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04-03-2018
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2018-014, subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 21 Local
Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations,
Sections 13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF MAY, 2018.
_____________________________________
Patrick J. Alford, Zoning Administrator
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04-03-2018
EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
wetlands or their buffers.
3. Best Management Practices (BMP’s) and Good Housekeeping Practices (GHP’s) shall
be implemented prior to and throughout the duration of construct ion activity as
designated in the Construction Pollution Prevention Plan (CPPP).
4. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
5. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stock piles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
6. Trash and debris shall be disposed in proper trash and recycling receptacles at the end
of each construction day. Solid waste, including excess concrete, shall be disposed in
adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
7. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
8. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
9. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Coastal
Development Permit.
10. This Coastal Development Permit may be modified or revoked by the Zoning
Administrator if determined that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare or materially injurious
to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
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04-03-2018
11. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
12. Prior to issuance of a building permit, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Coastal
Development file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict
the elements approved by this Coastal Development Permit.
13. Prior to the issuance of building permits, the applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought tolerant plantings, non-invasive
plant species and water efficient irrigation design. The plans shall be approved by the
Planning Division.
14. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing, and trimming.
All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall
be kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
15. Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
16. Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building
Division.
17. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
18. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
19. This Coastal Development Permit No. CD2018-014 shall expire unless exercised within 24
months from the date of approval as specified in Section 21.54.060 (Time Limits and
Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
20. 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
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Zoning Administrator Resolution No. ####
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04-03-2018
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of Cefalia Residence Coastal Development Permit including, but not limited to,
Coastal Development Permit No. CD2018-014 (PA2018-034). 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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08/17/2017
Attachment No. ZA 2
Vicinity Map
14
08/17/2017
VICINITY MAP
Coastal Development Permit No. CD2018-014
PA2018-034
104 Via Palermo
Subject Property
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08/17/2017
Attachment No. ZA 3
Project Plans
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Zoning Administrator - May 24, 2018
ITEM NO. 3a - ADDITIONAL MATERIALS RECEIVED AT MEETING
Cefalia Residence Coastal Development Permit (PA2018-034)