HomeMy WebLinkAboutZA2017-057 - CDP SECOND STORY ADDITION - 417 Edgewater Pl.RESOLUTION NO. ZA2017-057
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-062 TO CONVERT AN
EXISTING DUPLEX INTO A SINGLE-FAMILY RESIDENCE AND
EXPAND THE LIVABLE AREA ON THE SECOND FLOOR
LOCATED AT 417 EDGEWATER PLACE (PA2017-147)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Home Sweet Home, LLC, representing property owner John
Walsh, with respect to property located at 417 Edgewater Place and legally described as
Lot 6, Block 2 requesting approval of a Coastal Development Permit.
2. The applicant requests a coastal development permit convert an existing duplex into a
single-family residence and to expand the livable area on the second floor. The proposed
500-square-foot addition on the second floor includes three additional bedrooms and two
additional bathrooms. No additional square-footage is proposed on the first floor.
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 August 10, 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 includes the
conversion of an existing duplex to a single-family residence and an addition on the
existing second floor, located in the R-2 Coastal Zoning District.
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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 duplex on an existing lot designated for
residential development. The applicant is proposing to convert an existing duplex into a
single family residence and expand the livable area on the second floor. The proposed
500-square-foot addition on the second floor includes three additional bedrooms and two
additional bathrooms. There is no proposed addition to the first floor and there is no change
to the existing footprint. The applicant also requests to remodel the interior to convert the
duplex to a single-family residence.
2. 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 3,050 square feet and the proposed floor area
is 2,751 square feet.
b. The proposed improvement complies with the required setbacks, which are 7 feet
along the property line abutting the bay, 3 feet along each side property line and 5
feet along the property line abutting the alley.
c. The highest guardrail/parapet is less than 23 feet and one-half inch from
established grade and the highest ridge is 27 feet and 10 inches from established
grade. The proposed development complies with all height requirements.
d. The proposed development provides a two-car garage, which meets the two-car
minimum garage requirement for residences with less than 4,000 square feet of
livable floor area.
3. 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.
4. Although the property is located within 100 feet of coastal waters, a drainage plan was
prepared and a post-construction drainage system will be installed that includes drainage
and percolation features designed to retain dry weather and minor rain run-off on-site to
ensure the project does not impact water quality. Any water not retained on-site is directed
to the City’s storm drain system.
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5. The development fronts the Newport Bay, but is separated from the shoreline by a public
sidewalk and a public bulkhead. The California Coastal Commission’s sea level rise
(SLR) estimate over the next 75 years ranges between 1.25 feet and 4.5 feet, which
would produce bay water levels in the range of 8.45 feet NAVD88 and 11.7 feet
NAVD88. The existing bulkhead is approximately 8.75 feet NAVD88 high and will be
safe from flooding for the next 75 years based upon the low SLR estimate.
6. The property is not located near designated public view points or coastal view roads and
will not impact public coastal views.
7. The proposed addition and remodel conforms to the standards of the Zoning Code and
Local Coastal Program.
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 abuts a public sidewalk fronting the bay and the development of the site
will not affect public recreation, access or views.
2. The project site is located between the nearest public road and the sea or shoreline.
Adequate vertical public access to the sea exists on Cypress Street, Adams Street, and
Palm Street. In addition, lateral public access is provided via the public sidewalk along the
bay front connecting Cypress Street to Adams Street. The proposed addition and remodel
will not interfere with existing public access to the sea.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2017-062, 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.
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PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF AUGUST, 2017.
_____________________________________
Patrick J. Alford, Zoning Administrator
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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. 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. CD2017-062 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 standard s, 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. Acknowledgement of Hazards for Waterfront Development - 21.30.015.D.3(c)
Prior to the issuance of a building permit, the property owner shall submit a notarized
signed letter acknowledging all hazards present at the site, assuming t he risk of injury
or damage from such hazards, unconditionally waiving any claims of damage against
the City from such hazards, and to indemnify 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
development.
7. 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.
8. 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.
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9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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 Walsh Residence CDP including, but not limited to, Coastal Development
Permit No. CD2017-062 (PA2017-147). 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
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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.