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HomeMy WebLinkAboutZA2018-119 - COASTAL DEVELOPMENT PERMIT TO ADD A THIRD-STORY ROOF DECK AN EXISTING DUPLEX - 7401 SEASHORERESOLUTION NO. ZA2018-119 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-081 TO ADD A THIRD- STORY ROOF DECK TO AN EXISTING DUPLEX LOCATED AT 7401 SEASHORE DRIVE (PA2018-190) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Chris Clarizio, with respect to property located at 7401 Seashore Drive, and legally described as Lot 8 of Block N, requesting approval of a Coastal Development Permit. 2. The applicant proposes the construction a third-story roof deck to an existing duplex. An addition and remodel to the existing duplex was approved and is currently under construction. The height of the existing dwelling will be increased by approximately 3 feet 7 inches from the existing flat roof to the top of the proposed guardrail. The addition of the third-story roof deck increases the height by more than 10 percent of the existing height of the dwelling and causes the requirement for a coastal development permit. 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 -E) and the Coastal Zoning District is Single-Unit Residential (R-2). 5. A public hearing was held on October 25, 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 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Existing Facilities), because it has no potential to have a significant effect on the environment. 2. Class 1 includes additions to existing structures. The proposed project is the addition of a new roof deck to an existing duplex located in the R-2 Coastal Zoning District. Zoning Administrator Resolution No. ZA2018-119 Page 2 of 6 01-03-17 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. An addition and remodel to the existing duplex was approved and is currently under construction. The approved 241-square-foot addition creates a total floor area (including garage spaces) of 2,993 square feet. The applicant requests to add a new 333-square- foot open roof deck. The height of the duplex will increase from approximately 18 feet 9 inches to 22 feet 4 inches, which is an increase of approximately 19 percent. 2. The property is considered nonconforming due to parking because only two one-car garage spaces are provided, where the Zoning Code and Local Coastal Program requires one space in a garage and one space covered or in a garage per dwelling unit. The Zoning Code and Local Coastal Program allows for additions up to a maximum of 10 percent of the existing floor area of a structure nonconforming due to parking within a 10 year period. No increase of floor area is proposed with the proposed roof deck addition. 3. The proposed development complies with all other applicable residential development standards including, but not limited to, floor area limitation, setbacks, and height. a. The maximum floor area limitation is 3,794 square feet. The previously approved addition that is currently under construction has a proposed floor area of 2,993 square feet. No additional floor area is proposed as part of the roof deck addition. b. The proposed development complies with the required setbacks, which are 5 feet along the property line abutting West Ocean Front Alley, and 3 feet along each side property line. There is no required setback abutting Seashore Drive. c. The highest guardrail/parapet is 22 feet 4 inches from established grade. The proposed development complies with all height requirements. 4. The neighborhood is predominantly developed with two- and three-story single-family residences and duplexes. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 5. The development is set back approximately 570 feet from the mean high water line. Due to the large distance from coastal waters, a Water Quality Management Plan (WQMP) and a Construction Pollution Prevention Plan (CPPP) are not required. 6. 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) Zoning Administrator Resolution No. ZA2018-119 Page 3 of 6 01-03-17 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. 7. Landscaping is not proposed as a part of this project. 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; the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. 2. The project site is located in West Newport between the nearest public road and the sea. 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 is the addition of a third-story roof deck to an existing duplex located on a private lot. 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. 3. The project site is not located adjacent to a coastal view road, or public viewpoint, 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 may be located within the viewshed of distant public viewing areas. However, the project is located on an inland lot, and the addition to the existing duplex complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood 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. 4. The Coastal Land Use Plan identifies Seashore Drive as a means of lateral access to the nearby public beach. Vertical access to the public beach is provided by Summit Street and Olive Street. The addition of the roof deck does not impact access to the public beach. Zoning Administrator Resolution No. ZA2018-119 Page 4 of 6 01-03-17 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2018-081, 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 25TH DAY OF OCTOBER, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-119 Page 5 of 6 01-03-17 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. CD2018-081 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 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. Zoning Administrator Resolution No. ZA2018-119 Page 6 of 6 01-03-17 11. 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. 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 Clarizio Residence Coastal Development Permit including, but not limited to, Coastal Development Permit No. CD2018-081 (PA2018-190). 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.