HomeMy WebLinkAboutZA2017-027 - ADD PITCH TO EXISTING FLAT ROOF, REPLACE RAILING -3610 Marcus Avenue RESOLUTION NO. ZA2017-027
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-002 TO ADD A PITCHED
ROOF AND EXPAND THE MASTER BEDROOM OF AN EXISTING
SINGLE-FAMILY RESIDENCE LOCATED AT 3610 MARCUS
AVENUE (PA2017-022)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Pacific Coast Design, Inc., representing property owner Kim
Giangregorio, with respect to property located at 3610 Marcus Avenue and legally
described as Lot 6, Tract 336 requesting approval of a Coastal Development Permit.
2. The applicant requests a Coastal Development Permit to add a pitched roof and expand
the master bedroom of an existing single-family residence with an attached two-car
garage.
3. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Two Unit Residential — 30.0 — 39.9 DU/AC (RT-E) and the Coastal Zoning
District is Two-Unit Residential (R-2).
4. The subject property is located within the Two-Unit Residential (R-2) Zoning District and
the General Plan Land Use Element category is Two-Unit Residential (RT).
5. A public hearing was held on April 27, 2017 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 meeting 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 meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Existing Facilities).
2. Class 1 includes the additions to existing structures. The proposed project is to add a
pitched roof and expand the master bedroom of an existing single-family residence
located in the R-2 Coastal Zoning District.
Zoning Administrator Resolution No. ZA2017-027
Page 2 of 5
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits) 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 subject property is currently developed with a single-family home on an existing lot
designated for residential development. The applicant requests to remodel the existing flat
roof to create a pitched roof, which increases the overall height of the structure by 4 feet 6
inches. The applicant also proposes to add 80 square feet to the existing second floor
master bedroom. There is no change proposed to the existing footprint.
2. 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 and
Building Division standards and policies.
3. The property is not located near designated public view points or coastal view roads and
will not impact public coastal views.
4. The proposed roof height and addition conforms to the standards of the Zoning Code and
Local Coastal Program.
5. The design, bulk, and scale of the development is consistent with the existing
neighborhood pattern of development and expected future development. The proposed
addition is consistent with all applicable development standards.
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 and
the proposed project will not affect public recreation, access or views.
2. Adequate public access to the sea exists on Marcus Avenue, 35th Street, 36th Street, and
Lake Avenue. The proposed bedroom addition and roof remodel shall not interfere with
existing public access to the sea.
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Zoning Administrator Resolution No. ZA2017-027
Page 3 of 5
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2017-002, 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 27TH DAY OF APRIL, 2017.
Patrick J. Alford, Zoning Administrator
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Zoning Administrator Resolution No. ZA2017-027
Page 4 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
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. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
3. Coastal Development Permit No. CD2017-002 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.
4. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
5. 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.
6. 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.
7. Prior to issuance of the building permits, a copy of the Resolution, including conditions
of approval Exhibit "A" shall be incorporated into the Building Division and field sets of
plans.
8. 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.
9. Prior to issuance of building permits, 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 approval 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.
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Zoning Administrator Resolution No. ZA2017-027
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10. 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 either the
current business owner, property owner or the leasing agent.
11. 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
whatsoever which may arise from or in any manner relate (directly or indirectly) to City's
approval of Giangregorio Coastal Development Permit including, but not limited to, Coastal
Development Permit No. CD2017-002 (PA2017-022). 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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