HomeMy WebLinkAboutZA2018-072 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW THREE-STORY, SINGLE-FAMILY RESIDENCE WITH AN ATTACHED TWO-CAR GARAGE - 2121 SEVILLE AVENUE
RESOLUTION NO. ZA2018-072
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2018-040 TO
DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND
CONSTRUCT A NEW THREE-STORY, SINGLE-FAMILY
RESIDENCE WITH AN ATTACHED TWO-CAR GARAGE AT 2121
SEVILLE AVENUE (PA2018-088)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Graystone Custom Builders on behalf of Michael Terry and
Lance Alacano (“Owner”), with respect to property located at 2121 Seville Avenue,
requesting approval of a coastal development permit (“CDP”).
2. The property is legally described as Lot 101 of Tract 948, in the City of Newport Beach,
County of Orange, State of California.
3. The Applicant proposes to demolish an existing single-family residence and construct a
new three-story, 2,997-square-foot, single-family residence with an attached 502-square-
foot, two-car garage. The project will include hardscape, landscape, and subsurface
drainage facilities all located within the confines of private property. The design complies
with all applicable development standards and 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) and the
property is located within the R-1 (Single-Unit Residential) Coastal Zone District.
6. A public hearing was held on June 14, 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
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Conversion of Small Structures), because it has no potential to have a significant effect on
the environment.
2. Class 3 exempts the construction and location of limited numbers of new, small facilities
or structures including one single-family residence in a residential zone. The proposed
project consists of the demolition of an existing single-family residence and the
construction of a new 2,997-square-foot single-family residence and attached 502-
square-foot, two-car garage in the R-1 Zoning District.
SECTION 3. REQUIRED FINDINGS.
In accordance with Newport Beach Municipal Code (“NBMC”) Section 21.52.015 (Coastal
Development Permits, Findings and Decision), 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 total proposed floor area, including the residence and enclosed parking, is
3,499 square feet, which complies with the maximum allowable floor area limit of
3,740 square feet.
B. The proposed development will provide the minimum required setbacks, which are
six (6) feet along the front property line abutting Seville Avenue and three (3) feet
along each side property line. There is no required rear setback.
C. The highest guardrail is no more than 24 feet and the highest roof ridge is no more
than 29 feet, measured from the established grade level of 10.26 feet based on the
North American Vertical Datum of 1988 (“NAVD88”), which complies with the
maximum height limitation.
D. The project includes enclosed garage parking for two vehicles, in compliance with
the minimum parking requirement for single-family residences with less than 4,000
square feet of habitable floor area.
2. The neighborhood is predominantly developed with one- and two-story single-family
residences. The proposed design, bulk, and scale of the development will be consistent
with the existing neighborhood pattern of development and expected future
development.
3. The project site is located approximately 400 feet from the Newport Harbor channel and is
separated from the water by other developed residential lots and the Channel Road public
right-of-way. The finished first floor elevation of the proposed residence is 10.83 feet
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based on the North American Vertical Datum of 1988 (NAVD88) elevation standard ,
which complies with the minimum required 9-foot (NAVD88) elevation standard.
4. 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.
5. The project design addresses water quality with a construction erosion control plan that
outlines temporary Best Management Practices (BMPs) to be implemented during
construction to minimize erosion and sedimentation, and to minimize pollution of runoff
derived by construction chemicals and materials. No water quality impacts to coastal
waters are anticipated based upon the location and elevation of the property.
6. The property is not located on the shoreline nor is it 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. New landscaping will be verified for compliance with NBMC Section 21.30.075
(Landscaping). Condition of Approval No. 11 is included to require drought-tolerant, and
prohibits invasive, species. Prior to issuance of the building permits, the final landscape
plans will be reviewed to verify invasive species are not planted.
8. The property is located landward of a designated public viewpoint, is not near a coastal
view road as designated by the Local Coastal Plan, 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 on the Balboa Peninsula, between the nearest public road and
the sea or shoreline, and the existing residential development neither provides nor inhibits
public coastal access. Implementation Plan Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) requires that the provision of public access bear a reasonable
relationship between the requirement and the project’s impact and be proportional to the
impact. In this case, the project replaces an existing single-family residence with a new
single-family residence. Therefore, the project does not involve a change in land use,
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density or intensity that will result in increased demand on public access and recreation
opportunities.
2. The residential lot does not currently provide nor does it inhibit public coastal access.
Lateral coastal access is provided by the public beach area approximately 600 feet south
of the project site, which may be accessed at the end of M Street or Channel Road.
3. The project site is located near West Jetty View Park, which affords public views away
from the project site and towards the entrance to the harbor. An evaluation of the project
site and surrounding area did not identify any other nearby public view opportunities. The
project site may be located within the viewshed of distant public viewing areas. However,
the project will replace an existing single-family residence with a new single-family
residence that complies with all applicable Local Coastal Program development standards
and maintains a building envelope consistent with the anticipated pattern of development.
Therefore, the project does not have the potential to degrade the visual quality of the
Coastal Zone or result in significant adverse impacts to public views.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2018-040, 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 compli ance 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 14TH DAY OF JUNE, 2018.
_____________________________________
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. CD2018-040 shall expire unless exercised within 24
months from the date of approval as specified in NBMC Section 21.54.060 (Time Limits
and Extensions), unless an extension is otherwise granted.
4. The project is subject to all applicable City ordinances, policies, and stan dards, 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 m aterially injurious
to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
7. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Pollution Prevention Plan (CPPP).
8. 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.
9. 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 Permit file. The plan s 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.
10. Prior to issuance of a building permit, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to review and approval by the Building
Division.
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11. Prior to the issuance of a building permit, 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.
12. 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.
13. Prior to the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
14. 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.
15. 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.
16. 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.
17. 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.
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. 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 Graystone Residence Coastal Development Permit including, but not
limited to, Coastal Development Permit No. CD2018-040 (PA2018-088). This
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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.