HomeMy WebLinkAboutZA2018-093 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH AND EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE WITH ATTACHED GARAGE - 2141 SEVILLERESOLUTION NO. ZA2018-093
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-060 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE WITH ATTACHED GARAGE
LOCATED AT 2141 SEVILLE AVENUE (PA2017-146)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by SDK Atelier Inc., with respect to property located at 2141
Seville Avenue, and legally described as Lot 106 of Tract 948, requesting approval of a
Coastal Development Permit.
2. The applicant proposes the demolition of an existing single-family residence and the
construction of a new 3,778-square-foot, single-family residence with an attached garage.
The proposed development also includes additional appurtenances such as walls, fences,
patios, hardscape, drainage devices, and landscaping. The proposed residence complies
with all applicable development standards including height, setbacks, and floor area limits.
No deviations are requested.
3. The subject property is located within the Single-Unit Residential (R-1) Zoning District and
the General Plan Land Use Element category is Single-Unit Residential Detached (RS-
D).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single-Unit Residential – (10.0 - 19.9 DU/AC) (RSD-C) and the Coastal Zoning
District is Single-Unit Residential (R-1).
5. A public hearing was held on July 26, 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 15315, 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 effect
on the environment.
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2. Class 3 exempts the construction of limited numbers of new, small structures, including
one single-family residence. The proposed project is a new single-family residence
located in the R-1 Coastal Zoning District.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (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 4,142 square feet and the proposed floor area
is 3,778 square feet.
b. The proposed development complies with the required setbacks, which are six feet
along the property line abutting Seville Avenue and three feet along each side of
the property line. There is no required setback abutting the alley.
c. The highest guardrail/parapet is 24 feet from established grade and the highest
ridge is 29 feet from established grade. The proposed development complies with
all height requirements.
d. The proposed development provides a two-car garage, meeting the minimum
parking requirement for a single-family residence.
e. The proposed development exceeds the minimum 9.0 (North American Vertical
Datum of 1988) top of slab elevation requirement for interior living areas of new
structures.
2. The neighborhood is predominantly 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 set back approximately 250 feet from the nearest bulkhead. Due to
the large distance from coastal waters, a Water Quality Management Plan and a
Construction Pollution Prevention Plan are not required. 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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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.
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. Implementation Plan Section 21.30A.040 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 located on an inland lot with a new single-family residence. Therefore, the
project does not involve a change in land use, density or intensity that will result in
increased demand on public access and recreation opportunities. Furthermore, the project
is designed and sited so as not to block or impede existing public access opportunities.
Vertical access to the bay front is available near the site on Channel Road where there is
a public park and beach with access to the water.
2. The project site is not located adjacent to a coastal view road, public viewpoint, public park
or beach, or public accessway, as identified in the Coastal Land Use Plan. Furthermore,
an investigation of the project site and surrounding area did not identify any other public
view opportunities. The project site may be located within the viewshed of distant public
viewing areas. However, the project is located on an inland lot and will replace an existing
single-family home with a new single-family home that complies with all applicable Local
Coastal Program (LCP) development standards and maintains a building envelope
consistent with the existing neighborhood pattern of develo pment. 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. CD2017-060, subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
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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 26TH DAY OF JULY, 2018.
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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. CD2017-060 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 o perated 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 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 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.
9. 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.
10. 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.
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11. Should the property be sold or otherwise come under different ownership, any fut ure
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner, or the leasing agent.
12. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 21 Planning and Zoning of the Newport Beach
Municipal Code.
13. 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 Sedghi Residence Coastal Development Permit including, but not limited to,
Coastal Development Permit No. CD2017-060 (PA2017-146). 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.