HomeMy WebLinkAbout01_Manly Residence Coastal Development Permit_PA2018-18203/13/2018
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 20, 2018
Agenda Item No. 1
SUBJECT:Manly Residence (PA2018-182)
Coastal Development Permit No. CD2018-074
SITE LOCATION:2612 Mesa Drive
APPLICANT:William Guidero
OWNER:John and Jill Manly
PLANNER:Liz Westmoreland, Assistant Planner
949-644-3234, lwestmoreland@newportbeachca.gov
LAND USE AND ZONING
x General Plan:RS-D (Single-Unit Residential Detached)
x Zoning District: SP-7 Santa Ana Heights Specific Plan (Residential Equestrian –
Minimum Building Site (2 Acres))
x Coastal Land Use Category: RSD-A Single Unit Residential Detached –(0.0 –5.9
DU/AC)
x Coastal Zoning District:SP-7 Santa Ana Heights Specific Plan
PROJECT SUMMARY
A request for a coastal development permit (CDP) to allow the demolition of a portion of an
existing single-family residence and construction of a 1,851-square-foot addition and an
attached 1,158-square-foot, 4-car garage. The total resulting living and garage floor area
would be 5,384 square feet. The design includes minor accessory structures such as
hardscape, walls, landscaping, and drainage facilities. The project complies with all
development standards and no deviations are requested.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures), because it has no potential to have a significant effect on the environment;
and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2018-074 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
x The subject property is located in the SP-7 Coastal Zoning District, which provides
for single-unit residential development and is consistent with the City’s Coastal Land
Use Plan, General Plan, and Zoning Code. A coastal development permit is required
and the property is not eligible for a waiver for de minimis development because the
property is located in the Coastal Commission Appeal Area.
x The property currently consists of one legal lot developed with a single-family
residence. The neighborhood is predominantly developed with one-story and
scattered two-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 consistent with applicable
development standards.
x The proposed single-family dwelling and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1 below.
Table 1 –Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front 20 feet >50 feet
Sides 5feet >50 feet
Rear 25 feet >50 feet
Allowable Floor Area (max.)N/A 5,384 square feet
Open Space (min.)N/A N/A
Parking (min.)3-car garage 4-car garage
Height (max.)35 feet 24 feet
Hazards
x The finished floor elevation of the first floor of the proposed structure is 63.5 feet
based on the North American Vertical Datum of 1988 (NAVD88), which complies with
the minimum 9.0-foot (NAVD88) elevation standard for new structures. Due to the
project site’s elevation, there would be no concerns regarding future sea level rise.
x Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required
to enter into an agreement with the City waiving any potential right to protection to
address situations in the future in which the development is threatened with damage
or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The
property owner will also be required to acknowledge any hazards present at the site
and unconditionally waive any claim to damage or liability against the decision
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authority, consistent with NBMC Section 21.30.015(D)(3)(c). Both requirements are
included as conditions of approval that will need to be satisfied prior to the issuance
of building permits for construction.
x 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.
Water Quality
x The property is located on a hill more than 480 feet from coastal waters. A
Construction Erosion Control Plan was provided to implement temporary Best
Management Practices (BMPs) during construction to minimize erosion and
sedimentation and to minimize pollution of runoff and coastal waters derived by
construction chemicals and materials. The project design also addresses water
quality through the inclusion of 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.
x Pursuant to Municipal Code Section 21.35.050, due to the proximity of the
development to the shoreline and the development containing more than 75 percent
of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required.
A preliminary WQHP has been prepared for the project by Thomas M. Ruiz. The
WQHP includes a polluted runoff and hydrologic site characterization, a sizing
standard for BMPs, use of an LID approach to retain the design storm runoff volume
on site, and documentation of the expected effectiveness of the proposed BMPs.
Public Access
x The project site is located between the nearest public road and the sea or shoreline.
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 removes a portion of an
existing single-family residence and constructs an addition of interior living area and
a garage located a lot zoned for single-family use. 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
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and sited (appropriate height, setbacks, etc.) so as not to block or impede existing
public access opportunities.
x Vertical and lateral access to the Back Bay is available via trails adjacent to the site
to the south and east. The proposed site work is located away from the trails and the
project does not include any features that would obstruct access along these routes.
x The project site is located adjacent to Bayview Park and the Back Bay, which are
designated public viewpoints in the Coastal Land Use Plan and offer public views of
the Upper Newport Bay. Site evaluation revealed that the proposed one-story
residential addition, and two-story design of the garage/loft structure, is consistent
with the existing neighborhood pattern of development and will not affect the existing
views afforded from Bayview Park and the Back Bay. The project will demolish a
portion of an existing single-family home and garage and replace it with a new single-
family addition and 4-car garage that complies with all applicable development
standards. Bayview Park is approximately 600 feet in width and improved with public
benches, a play structure, and landscaping that orients and frames views toward the
bay and not over the subject site. Views across the project site are currently impacted
due to landscaping and trees, as well as the general orientation of the site.
Furthermore, the Zoning Code requires a front setback of 20 feet, where the
proposed structure is setback approximately 50 feet from the front property line
adjacent to Mesa Drive. The substantial setback provides additional visual relief. The
proposed covered patio also creates visual relief between the existing structures to
the remain and the proposed addition. The architectural design of the structure also
appears rural, with the garage and loft designed to resemble a barn, reflective of the
neighborhood’s equestrian history.
x Portions of the project site are visible from the Back Bay Trails below. However, the
proposed addition is located at the top of the large slope that exists between the trail
and residence. Additionally, the maximum height of the structure is 24 feet where
the Zoning Code allows up to a maximum of 35 feet. The project also provides
substantial setbacks, where only 5 feet on the sides and 25 feet in the rear are
required. Thus, 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.
ENVIRONMENTAL REVIEW
x 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 Conversion of Small Structures), because it has no potential to have a significant
effect on the environment.
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x Class 3 exempts the demolition of up to three single-family residences and additions
of up to 10,000 square feet to existing structures. The proposed project consists of
the demolition of a portion of an existing single-family residence and the construction
of a new 1,851-square-foot addition and attached 1,158-square-foot 4-car garage.
x The exceptions to this categorical exemption under Section 15300.2 are not
applicable. The project location does not impact an environmental resource of
hazardous or critical concern, does not result in cumulative impacts, does not have
a significant effect on the environment due to unusual circumstances, does not
damage scenic resources within a state scenic highway, is not a hazardous waste
site, and is not identified as a historical resource.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
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. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
____________________________
Liz Westmoreland, Assistant Planner
JM/law
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
ZA 4 Project Rendering
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03/13/2018
Attachment No. ZA 1
Draft Resolution
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05-15-2018
RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2018-074 TO DEMOLISH A
PORTION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND
CONSTRUCT A NEW 1,851-SQUARE-FOOT ADDITION AND AN
ATTACHED 1,158-SQUARE-FOOT, 4-CAR GARAGE LOCATED
AT 2612 MESA DRIVE (PA2018-182)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by William Guidero, with respect to property located at 2612 Mesa
Drive, requesting approval of a coastal development permit.
2. The lot at 2612 Mesa Drive is described as APN 439-051-06 and 439-051-10.
3. The applicant proposes a coastal development permit (CDP) to allow the demolition of a
portion of an existing single-family residence and construction of a 1,851-square-foot
addition and an attached 1,158-square-foot, 4-car garage. The total resulting living and
garage floor area would be 5,384 square feet. The design includes minor accessory
structures such as hardscape, walls, landscaping, and drainage facilities. The project
complies with all 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 SP-7 Santa Heights Specific
Plan (Residential Equestrian –Minimum Building Site (2 Acres)) Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-A Single Unit Residential Detached –(0.0 –5.9 DU/AC) and it is located
within the SP-7 Santa Ana Heights Specific Plan Coastal Zone District.
6. A public hearing was held on November 20, 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
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 demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of a portion of an existing single-family residence and the construction of a
new 1,851-square-foot addition and attached 1,158-square-foot, 4-car garage.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, 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 proposed total floor area after the addition is 5,384 square feet, where the
Specific Plan (SP-7) identifies no floor area or site coverage limits (only setbacks
and height).
b. The proposed development provides the minimum required setbacks, which are 20
feet along the front property line abutting Mesa Drive, 5 feet along each side
property line and 25 feet along the rear property line facing the Back Bay.
c. The highest ridge is approximately 24 feet from established grade (61 feet
NAVD88), which complies with the maximum 35-foot height requirement.
d. The project includes garage parking for a total of four vehicles, complying with the
minimum three-car garage parking requirement for single-family residences with
more than 4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with one-story and scattered two-story,
single-family residences. The proposed design, bulk, and scale of the development is
consistent with the existing neighborhood pattern of development.
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3. The finished floor elevation of the first floor of the proposed structure is 63.5 feet based
on the North American Vertical Datum of 1988 (NAVD88), which complies with the
minimum 9.0-foot (NAVD88) elevation standard for new structures. Due to the project
site’s elevation, there would be no concerns regarding future sea level rise.
4. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to
enter into an agreement with the City waiving any potential right to protection to address
situations in the future in which the development is threatened with damage or destruction
by coastal hazards (e.g., waves, erosion, and sea level rise). The property owner will also
be required to acknowledge any hazards present at the site and unconditionally waive any
claim to damage or liability against the decision authority, consistent with NBMC Section
21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will need
to be satisfied prior to the issuance of building permits for construction.
5. 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.
6. The property is located on a hill more than 480 feet from coastal waters. A Construction
Erosion Control Plan was provided to implement temporary Best Management Practices
(BMPs) during construction to minimize erosion and sedimentation and to minimize
pollution of runoff and coastal waters derived by construction chemicals and materials. The
project design also addresses water quality through the inclusion of 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. Pursuant to Municipal Code Section 21.35.050, due to the proximity of the development to
the shoreline and the development containing more than 75 percent of impervious surface
area, a Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP has
been prepared for the project by Thomas M. Ruiz. The WQHP includes a polluted runoff
and hydrologic site characterization, a sizing standard for BMPs, use of an LID approach
to retain the design storm runoff volume on site, and documentation of the expected
effectiveness of the proposed BMPs.
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.
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Fact in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline.
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 removes a portion of an existing single-
family residence and constructs an addition of interior living area and a garage located on
a lot zoned for single-family use. 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 (appropriate
height, setbacks, etc.) so as not to block or impede existing public access opportunities.
2. Vertical and lateral access to the Back Bay is available via trails adjacent to the site to the
south and east. The proposed site work is located away from the trails and the project
does not include any features that would obstruct access along these routes.
3. The project site is located adjacent to Bayview Park and the Back Bay, which are
designated public viewpoints in the Coastal Land Use Plan and offer public views of the
Upper Newport Bay. Site evaluation revealed that the proposed one-story residential
addition, and two-story design of the garage/loft structure, is consistent with the existing
neighborhood pattern of development and will not affect the existing views afforded from
Bayview Park and the Back Bay. The project will demolish a portion of an existing single-
family home and garage and replace it with a new single-family addition and 4-car garage
that complies with all applicable development standards. Bayview Park is approximately
600 feet in width and improved with public benches, a play structure, and landscaping that
orients and frames views toward the bay and not over the subject site. Views across the
project site are currently impacted due to landscaping and trees, as well as the general
orientation of the site. Furthermore, the Zoning Code requires a front setback of 20 feet,
where the proposed structure is setback approximately 50 feet from the front property line
adjacent to Mesa Drive. The substantial setback provides additional visual relief. The
proposed covered patio also creates visual relief between the existing structures to the
remain and the proposed addition. The architectural design of the structure also appears
rural, with the garage and loft designed to resemble a barn, reflective of the neighborhood’s
equestrian history.
4. Portions of the project site are visible from the Back Bay Trails below. However, the
proposed addition is located at the top of the large slope that exists between the trail and
residence. Additionally, the maximum height of the structure is 24 feet where the zoning
code allows up to a maximum of 35 feet. The project also provides substantial setbacks,
where only 5 feet on the sides and 25 feet in the rear are required. Thus, 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.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No.CD2018-074,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 20
TH DAY OF NOVEMBER, 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. Prior to the issuance of a building permit, an agreement in a form approved by the City
Attorney between the property owner and the City shall be executed and recorded
waiving rights to the construction of future shoreline protection devices to address the
threat of damage or destruction from waves, erosion, storm conditions, landslides,
seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the
property, or development of the property, today or in the future. The agreement shall be
binding against the property owners and successors and assigns.
3. 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 the 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.
4. 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, the beach,
wetlands or their buffers.
5. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
6. This Coastal Development Permit does not authorize any development seaward of the
private property.
7. The applicant is responsible for compliance with the Migratory Bird Treaty Act. In
compliance with the (MBTA), grading, brush removal, building demolition, tree trimming,
and similar construction activities shall occur between August 16 and January 31,
outside of the peak nesting period. If such activities must occur inside the peak nesting
season from February 1 to August 15, compliance with the following is required to
prevent the taking of Native Birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
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active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
8. Best Management Practices (BMP’s) and Good Housekeeping Practices (GHP’s) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
9. 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.
10. 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.
11. 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.
12. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
13. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14. 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.
15. 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.
16. 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.
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17. Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building
Division.
18. 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.
19. 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 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.
20. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
approved CPPP and WQHP/WQMP and any changes could require separate review
and approval by the Building Division.
21. Prior to the issuance of building permits, 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.
22. 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.
23. 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.
24. 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.
25. This Coastal Development Permit No. CD2018-074 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.
26. 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
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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 Manly Residence including, but not limited to, Coastal Development Permit No.
CD2018-074 (PA2018-182). 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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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Coastal Development Permit No. CD2018-074
PA2018-182
2612 Mesa Drive
Subject Property
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Attachment No. ZA 3
Project Plans
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BASIS OF BEARINGS BENCHMARK INFORMATIONTITLE REPORT/EASEMENT NOTESPAUL D. CRAFT, P.L.S. 8516 DATENOTE: SECTION 8770.6 OF THE CALIFORNIA BUSINESS AND PROFESSIONSCODE STATES THAT THE USE OF THE WORD CERTIFY OR CERTIFICATION BY ALICENSED LAND SURVEYOR IN THE PRACTICE OF LAND SURVEYING OR THEPREPARATION OF MAPS, PLATS, REPORTS, DESCRIPTIONS OR OTHERSURVEYING DOCUMENTS ONLY CONSTITUTES AN EXPRESSION OFPROFESSIONAL OPINION REGARDING THOSE FACTS OR FINDINGS WHICH ARETHE SUBJECT OF THE CERTIFICATION AND DOES NOT CONSTITUTE AWARRANTY OR GUARANTEE, EITHER EXPRESSED OR IMPLIED.LICENSE RENEWAL DATE 12/31/18VICINITY MAPBENCHMARK NO: CM-22-71DESCRIBED BY OCS 2001 - FOUND 3 3\4" OCS ALUMINUM BENCHMARK DISKSTAMPED "CM-22-71", SET IN THE NORTHWEST CORNER OF A 4 FT. BY 6 FT.CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE NORTHWESTCORNER OF THE INTERSECTION OF BAYVIEW AVENUE AND MESA DRIVE, 19.5FT. NORTHEASTERLY OF THE CENTERLINE OF MESA DRIVE AND 85.5 FT.NORTHWESTERLY OF THE CENTERLINE OF BAYVIEW AVENUE. MONUMENT ISSET LEVEL WITH THE SIDEWALK.ELEVATION: 61.132 FEET (NAVD88), YEAR LEVELED 1989LEGAL DESCRIPTION1. THE DISTINCTIVE BOUNDARY SHOWN HEREON WAS PLOTTED PERON-SITE FIELD OBSERVATIONS, ALL BEARINGS AND DISTANCES AREMEASURED, UNLESS NOTED OTHERWISE.2. SURVEYOR OR ENGINEER SHALL PERMANENTLY MONUMENT PROPERTYCORNERS OR OFFSETS BEFORE STARTING GRADING.PLEASE CALL PAUL CRAFT @ 714-488-5006 TO SCHEDULE.3. SURVEYOR TO SUBMIT A "RECORD OF SURVEY" OR "CORNER RECORD"TO THE COUNTY SURVEYOR. EVIDENCE OF SUBMITTAL TO BE SUBMITTEDTO THE BUILDING INSPECTOR AT OR PRIOR TO FOOTINGS INSPECTION.SURVEYOR'S NOTESLCCENTERLINECHIMNEYCHMY.PROPERTY LINENATURAL GROUNDEXISTING ELEVATIONNGPLLEGEND( )ACCHAINLINK FENCE (CLF)ASPHALT PAVEMENTWROUGHT IRON FENCE (WIF)FOUND MONUMENTSEARCHED, FOUND NOTHING; TO BEMONUMENTED PRIOR TO GRADINGFFFS FINISHED SURFACEFINISHED FLOORFFG FINISHED FLOOR GARAGET.B.M.TEMPORARY BENCHMARK SET ONMAG NAIL.ELEVATION = 65.37 FEETHUNTINGTON BEACH, CALIFORNIA 92646PHONE:(714)488-5006 FAX:(714)333-4440 APEXLSINC@GMAIL.COMBASIS OF BEARINGS IS BASED BETWEEN GPS PT NOS. AND HAVINGA BEARING OF PER .PARCEL 1:REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OFORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:THAT PORTION OF LOT 152 IN BLOCK 51 AND THAT PORTION OFUN-SUBDIVIDED BLOCK 51, BOTH OF IRVINE’S SUBDIVISION, IN THE CITYOF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, ASSHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUSMAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS:BEGINNING AT THE CENTER POINT OF SAID BLOCK 51, SAID POINT BEINGTHE EAST CORNER OF SAID LOT 152; THENCENORTH 50° 11’ 45" WEST 165.00 FEET; THENCESOUTH 39° 48’ 15" WEST 300.00 FEET; THENCESOUTH 50° 11’ 45" EAST 380.00 FEET; THENCENORTH 39° 48’ 15" EAST 70.00 FEET; THENCENORTH 01° 08’ 39" EAST 256.13 FEET; THENCE NORTH 39° 48’15" EAST 30.00 FEET TO THE POINT OF INTERSECTION WITH THESOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAIDLOT 152; THENCE NORTH 50° 11’ 45" WEST 55.00 FEET TO THE POINT OFBEGINNING.EXCEPTING THEREFROM, THAT PORTION DESCRIBED IN DEED TO THEIRVINE COMPANY RECORDED DECEMBER 3, 1970 IN BOOK 9477, PAGE 341OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.PARCEL 2:THAT PORTION OF BLOCK 51 OF IRVINE’S SUBDIVISION, IN THE CITY OFNEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, ASSHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUSMAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS:BEGINNING AT THE WESTERLY TERMINUS OF THAT CERTAIN CURVEDESCRIBED AS BEING CONCAVE NORTHWESTERLY HAVING A RADIUSOF 1550.00 FEET AND A CENTRAL ANGLE OF 22° 32’ 41" IN PARCEL 4 OFTHE DEED TO THE COUNTY OF ORANGE RECORDED FEBRUARY 26, 1969 INBOOK 8885, PAGE 409 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, ARADIAL TO SAID TERMINUS BEARS SOUTH 05° 23’ 44" EAST; THENCEWESTERLY 109.73 FEET ALONG THE CONTINUATION OF SAID CURVETHROUGH AN ANGLE OF 04° 03’ 22" TO THE SOUTHWEST LINE OF THE LANDDESCRIBED IN THE DEED TO ALVIN S. COX RECORDED INBOOK 2039, PAGE 225 OF SAID OFFICIAL RECORDS AND THE TRUE POINTOF BEGINNING; THENCE CONTINUING WESTERLY ALONG SAIDCURVE 257.39 FEET THROUGH AN ANGLE OF 09° 30’ 52" TO THE EASTERLYLINE OF THE LAND DESCRIBED IN THE DEED TO GEORGE M. HOLSTEIN, III,RECORDED MARCH 21, 1951 IN BOOK 2161, PAGE 375 OF SAID OFFICIALRECORDS; THENCENORTH 13° 37’ 44" EAST ALONG SAID EASTERLY LINE 174.50 FEET TO THESOUTHWESTERLY LINE OF SAID LAND OF ALVIN S. COX; THENCESOUTH 49° 22’ 16" EAST 283.98 FEET ALONG SAID SOUTHWESTERLY LINETO THE TRUE POINT OF BEGINNING.APN: 439-051-06IRON PIPEIPPAUL D. CCRAFT, P7/20/20182020
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Attachment No. ZA 4
Project Rendering
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1To:ZONING ADMINISTRATOR - NOVEMBER 20, 2018Subject:ADDITIONAL MATERIALS RECEIVEDItem 1a: Manly Residence Coastal Development Permit_PA2018-182 Begin forwarded message: From: Buck Johns <buckjohns@inlandenergy.com> Subject: Coastal Development Permit, 2612 Mesa Drive, NB. Date: November 15, 2018 at 11:10:22 AM PST To: lwestmorelaqnd@newportbeachca.gov Cc: Duffy Duffield <duffy@duffyboats.com>, Robert Stein <RStein@newportbeachca.gov>, John Kappeler <JKappeler@newportbeachca.gov> Liz Westmorland Assistant Planner, Newport Beach lwestmorelaqnd@newportbeachca.gov Subject: Project File PA2018-182. Coastal Development Permit, 2612 Mesa Drive, Newport Beach 92660, Manly Residence To Whom It May Concern: For the past four decades, we have lived at 2600 Mesa Drive, Newport Beach, immediately adjacent to the residence at 2612 Mesa Drive, now owned by the Manly family. We are familiar with the proposed demolition/reconstruction/addition described in subject Coastal Development Permit application. We are in full support of this application. Very best regards,
2 Colleen and Buck Johns 2600 Mesa Drive Newport Beach CA 92660 Buck Johns Inland Energy, Inc. 3501 Jamboree Rd South Tower Suite 606 Newport Beach, CA 92660 949-856-2200 office 949-856-2313 fax 714-747-0437 cell www.inlandenergy.com