HomeMy WebLinkAboutZA2017-054 - CDP TO DEMO 2-STORY SFR - 4020 Channel PlaceRESOLUTION NO. ZA2017-054
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-045 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 4020
CHANNEL PLACE (PA2017-101)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Joe Foster, with respect to property located at 4020 Channel
Place and legally described as Lot 11 of Block 441 requesting approval of a Coastal
Development Permit.
2. The applicant requests a coastal development permit to demolish an existing 1,560 -
square -foot, single-family residence and 235 -square -foot garage.
3. 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).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Two -Unit Residential — 20.0 — 29.9 DU/AC (RT -D) and the Coastal Zoning
District is Two -Unit Residential (R-2).
5. A public hearing was held on July 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 demolition and removal of small structures including one single-family
residence. The proposed project includes the demolition of an existing single-family
residence located in the R-2 Coastal Zoning District.
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:
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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 residence on an existing
lot designated for residential development by the Local Coastal Program. The project
applicant requests to demolish the existing single-family residence. Subsequent
construction of a new residence will require a separate coastal development permit at a
later date.
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 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.
4. The property is not located near designated public view points or coastal view roads and
will not impact public coastal views.
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
demolition of the existing residence will not affect public recreation or access.
2. Adequate public access to the sea exists on Channel Place, 401h Street, 39th Street, and
Marcus Avenue. The proposed demolition of the existing residence shall not interfere with
existing public access to the sea.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2017-045, 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 Planning
and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF JULY, 2017.
Patrick J. Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development (the demolition of an existing single-family dwelling, garage, and
appurtenant facilities) 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. CD2017-045 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. 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.
9. 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, wetland or their
buffers.
10. Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Pollution Prevention Plan (CPPP).
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11. 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.
12. 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.
13. 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.
14. 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 4020 Channel Place Demolition CDP including, but not limited to, Coastal
Development Permit No. CD2017-045 (PA2017-101). 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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