HomeMy WebLinkAbout3.0_Appeal of Sheehy Residence CDP_PA2017-179 ®R0444,0010,0't."
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
November21, 2019
Agenda Item No. 3
SUBJECT: Appeal of Sheehy Residence CDP (PA2017-179)
Coastal Development Permit No. CD2017-076
SITE LOCATION: 2495 Ocean Boulevard
APPELLANT: Joe and Lisa Vallejo
APPLICANT: Brandon Architects
OWNER: Brian Sheehy
PLANNER: Liane Schuller, Planning Consultant
949-644-3200, Schuller@newportbeachca.gov
PROJECT SUMMARY
An appeal of the Zoning Administrator's July 11, 2019, decision to approve Coastal
Development Permit(CDP) No. CD2017-076 related to the demolition of an existing single-
family residence and detached one-car garage, and the construction of a new 6,630-
square-foot, single-family residence with an attached 656-square-foot, three-car garage
located at 2495 Ocean Boulevard. The appeal was filed by a neighboring property owner.
This matter was initially scheduled for a Planning Commission hearing on September 19,
2019: however, the interested parties requested and were granted a continuance of the
hearing to allow time for further discussion towards resolving their differences.
RECOMMENDATION:
1) Conduct a de novo public hearing;
2) Find this project exempt from the California Environmental Quality Act(CEQA) pursuant
to Section 15303 - Class 3 (New Construction or Conversion of Small Structures) of the
State CEQA (California Environmental Quality Act) Guidelines, because it has no
potential to have a significant effect on the environment; and
3) Adopt Resolution No. PC2019-032, overturning the Zoning Administrator's approval
and approving Coastal Development Permit No. CD2017-076 (Attachment No. PC
1).
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Appeal of Sheehy Residence CDP (PA2017-179)
Planning Commission, November 21, 2019
Page 2
DISCUSSION
The Applicant and Appellant have come to agreement about certain design revisions that
address concerns raised in the appeal application. These revisions are relatively minor in
nature, and include:
• Roofline reductions: The design of the garage roof has been revised and lowered
approximately 2 to 3.5 feet in height. The height of the skylight over the master
bathroom, the chimneys and the second level mansard roof have also been lowered.
The revised heights and roof slopes comply with applicable development standards.
• Solar panels: The plans reflect a reduction in the number of proposed solar panels.
• Driveway guardrail: The driveway guardrail has been modified to be solid for the first
27 inches of height with an additional 15 inches glass, for an overall guardrail height
of 42 inches.
• Exterior walkway: An exterior walkway and steps have been added in the side yard
between the two properties, providing alternative exterior access to the second-level
living area of the proposed residence.
The Applicant has prepared a written summary and exhibit of the proposed revisions,
which are included as Attachment No. PC 4. Revised project plans are included as
Attachment No. PC 5. Due to the agreement, staff is recommending that the Planning
Commission approve the modified design.
CORRESPONDENCE
Since the initial hearing on September 19, 2019, staff received several pieces of
correspondence in support of the project. These are included as Attachment No. PC 3.
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 City Clerk in
accordance with the provisions of Chapter 21.64 (Appeals and Calls for Review) of the
NBMC. The project site is located within the appeal area of the Coastal Zone; therefore, final
action by the City may be appealed to the California Coastal Commission. For additional
information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by: Submitted by:
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Trao Schu to Jim Campbell
Pjabning Consultant Deputy Community Development Director
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Appeal of Sheehy Residence CDP (PA2017-179)
Planning Commission, November 21, 2019
Page 3
ATTACHMENTS
PC 1 Draft Resolution for Project Approval
PC 2 Draft Resolution for Project Denial
PC 3 Correspondence
PC 4 Applicant's Summary of Revisions
PC 5 Revised Project Plans
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Attachment No. PC 1
Draft Resolution For Project Approval
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RESOLUTION NO. PC2019-032
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, GRANTING THE APPEAL
OVERTURNING THE ZONING ADMINISTRATOR APPROVAL,
AND APPROVING COASTAL DEVELOPMENT PERMIT NO.
CD2017-076 TO DEMOLISH AN EXISTING SINGLE-FAMILY
RESIDENCE AND ONE-CAR GARAGE, AND TO CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE WITH AN ATTACHED
THREE-CAR GARAGE LOCATED AT 2495 OCEAN BOULEVARD
(PA2017-179)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brandon Architects representing property owner Brian Sheehy
("Applicant'), with respect to property located at 2495 Ocean Boulevard, and legally
described as Parcel 2, Block C, of Resub 274 ("Property"), requesting approval of a coastal
development permit.
2. The Applicant requested a coastal development permit to demolish an existing single-
family residence and one (1)-car garage, and to construct a new 6,630-square-foot,
single-family residence with an attached 656-square-foot, three (3)-car garage
("Project').
3. The Property is designated Single-Unit Residential Detached (RS-D) by the General Plan
Land Use Element and is located within the Single-Unit Residential (R-1) Zoning District.
4. The 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 the Coastal Zone District
is R-1 (Single-Unit Residential).
5. A public hearing was held by the Zoning Administrator on July 11, 2019, in the Corona del
Mar Conference Room located at 100 Civic Center Drive, Newport Beach.A notice of time,
place and purpose of the public hearing was given in accordance with California
Government Code Section 54950 et seq. ('Ralph M. Brown Act') and Chapter 20.62 and
21.62 of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral,
was presented to, and considered by, the Zoning Administrator at this public hearing. At
the conclusion of the public hearing, the Zoning Administrator approved Resolution No.
ZA2019-047, approving the Project.
6. On July 24, 2019, Joe and Lisa Vallejo filed an appeal of the Zoning Administrator's
decision to the Planning Commission.
7. Public hearings were scheduled on September 19, 2019, and October 17, 2019, in the City
Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and
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purpose of the hearing was given in accordance with the Ralph M. Brown Act and
Chapter 20.62 and 21.62 of the NBMC. At the mutual request of the applicant and
appellant, a continuance of the hearing was granted by the Planning Commission to
allow time for further discussion towards resolving their differences.
8. A public hearing was held on November 21, 2019, in the City Council Chambers at 100
Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing
was given in accordance with the Ralph M. Brown Act and Chapter 20.62 and 21.62 of
the NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is categorically exempt from the California Environmental Quality Act
("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of
Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3, because it has no potential to have a significant effect on the
environment.
2. The Class 3 exemption applies to the construction of a single-family residence in a
residential zone. The Project consists of the demolition of an existing single-family
residence and construction of a new 6,630-square-foot, single-family residence and
attached 656-square-foot, three (3)-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) of the NBMC, 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 Project conforms to all applicable development standards including, but not limited
to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 20,554 square feet and the proposed floor
area is 7,286 square feet.
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b. The Project provides the required setbacks, which are 10 feet along the front
property line abutting Ocean Boulevard, four (4) feet along each side property
line and 10 feet along the rear property line abutting the bay.
C. Municipal Code Section 20.30.050.0 authorizes the Community Development
Director to establish grade for the purpose of measuring height on properties
that have been previously altered through excavation, construction of retaining
walls, and other conditions such that the grade is not representative of
prevailing grades on adjoining lots or the general area.
d. The highest guardrail or flat roof is no more than 24 feet, measured from
established grade as established by the approved grade determination
(SA2014-022)for the project site and the highest ridge is no more than 29 feet
from established grade, which complies with the maximum height limitation.
Additionally, no structure exceeds the curb height elevation along Ocean
Boulevard.
e. The Project includes enclosed garage parking for three (3) vehicles, which
complies with the minimum three (3)-car garage parking requirement for
single-family residences with more than 4,000 square feet of habitable floor
area.
f. Pursuant to the Bluff Overlay Map B-5 (Carnation), the Property is located on
a bluff subject to marine erosion, and development shall not extend farther
onto the bluff face beyond existing development. Consistent with the Bluff
Overlay standards, the proposed principal dwelling and major accessory
structures (including swimming pool) are located within Development Area A
as illustrated on Map B-5. No accessory structures are proposed within
Development Area C.
g. The Project includes a pool and spa. These structures will incorporate double
wall construction with subdrains between the walls and leak detection devices.
Drainage for the pool will be tied into a proposed bioretention planter and
discharged to an onsite stormwater pump.
2. The neighborhood is developed with a mix of single- and multi-family residences of
varying height and mass. There are two (2) adjacent multi-family developments
constructed on the bluff immediately north and south of the Project site. To the south is
the multi-story, 48-unit Channel Reef condominium development. To the north is the
multi-story, eight (8)-unit Aerie condominium development. The property immediately
above the Project is developed with an existing single-family residence. Based upon
existing development in the vicinity and current development standards, the proposed
design, bulk, and scale of the project is consistent with both the established and
expected neighborhood development pattern.
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3. A Coastal Hazards Analysis was prepared for the Project by GeoSoils, Inc., dated
August 14, 2015 and updated on March 6, 2017 and September 13, 2018. The lowest
habitable floor elevation of the proposed residence is 28.42 feet North American Vertical
Datum of 1988 (NAVD 88), which exceeds the minimum 9.00-feet (NAVD 88) elevation
standard. The report concludes that the Project is reasonably safe from coastal hazards,
including shoreline movement, waves and wave runup, and flooding with future sea level
rise. The Project will neither create nor contribute to erosion, geologic instability, or
destruction of the site or adjacent area. Furthermore, no protective devices will be
necessary to protect the Project from any existing or anticipated future coastal hazards
for the next 75 years or more. A retaining wall at the lower portion of the Property
adjacent to the bay was constructed prior to the 1972 California Coastal Act codified in
Public Resources Code Section 30000 et seq. and provides walkway access to an
existing boat dock. The wall is documented in 1972 Coastal Photographic Records. It is
not designed to prevent erosion of the shoreline and the Project does not rely on the
wall for protection. The foundation of the wall is above the mean high tide line and has
been inspected and deemed to be in good condition. No changes to the existing wall or
dock are proposed.
4. Pursuant to Section 21.30.030(C)(3)(i)(iv) of the NBMC, 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 Property 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. A Geotechnical Investigation, dated August 24, 2016, and a supplemental analysis,
dated March 17, 2017, were prepared by G3 Soilworks. It concluded that the proposed
grading and construction will not adversely affect geologic stability of the existing bluff
or adjoining properties or structures, provided construction is performed in accordance
with report recommendations. The development exposures along the bluff face will be
generally similar to those of the existing development, and when incorporating the
recommended drainage considerations, should likely improve overall site stability. The
foundation setback was found to be adequate for structural support and provide an
adequate buffer to allow for long-term bluff retreat, although not considered to be a factor
during the project life. The sandstone bedrock composition of the bluff appears highly
resistant to erosion. No special issues or concerns relative to the California Coastal
Commission or City guidelines were noted, other than the need for pool protection
measures to mitigate pool leakage and/or seismic seiche effects.
6. Pursuant to Section 21.35.030 of the NBMC, a Construction Pollution Prevention Plan
("CPPP") is required to implement temporary Best Management Practices ("BMPs")
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during construction to minimize erosion and sedimentation and to minimize pollution of
runoff and coastal waters derived by construction chemicals and materials. A CPPP
prepared by Toal Engineering on September 25, 2015, and updated on March 29, 2018,
has been reviewed and approved by the City's Engineer Geologist.
7. Pursuant to Section 21.35.050 (Water Quality and Hydrology Plan) of the NBMC, 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 Water Quality Management Report ("WQMR") prepared for the
Project by Toal Engineering on September 25, 2015, has been reviewed and approved
by the City's Engineer Geologist. 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. Construction plans will be reviewed for compliance with the
approved WQHP prior to building permit issuance.
8. 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.
9. New landscaping will be verified for compliance with Section 21.30.075 (Landscaping)
of the NBMC. A condition of approval is included that requires drought-tolerant plantings,
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.
10. A visual impact analysis prepared for the Project evaluated existing and proposed views
towards the bay from Ocean Boulevard, and also from public viewpoints on Peninsula
Point across the harbor channel towards the project site. The Property site is located on
Ocean Boulevard, which is designated as a Coastal View Road by the Coastal Land
Use Plan and includes a designated Coastal View Point at the intersection of Ocean
Boulevard and Carnation Avenue. Public views of Newport Bay at this location are
currently impacted by the existing over-height garage on the Property. The Project will
open and enhance the public view by removing the existing garage and reconstructing
new rooflines below the curb elevation of Ocean Boulevard. Proposed landscaping
behind the sidewalk and within the public view will consist of low-growing plant materials
with a mature height of less than three (3) feet to ensure the public view is maintained.
11. Given the Project's location near the mouth of the Newport Harbor, the site is highly
visible from the level of the harbor and from the West Jetty View Park, another
designated Coastal View Point, across the harbor channel. The Project will replace an
existing single-family residence with a new single-family residence that complies with all
applicable development standards, including the Bluff Overlay standards, does not
extend beyond the footprint of the existing development, thereby preserving the existing
remaining visible areas of bluff and rocky coastline. Site evaluation revealed that the
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proposed design is consistent with the existing neighborhood pattern of development
and will not affect the existing views afforded from the harbor or the West Jetty View
Park. In conclusion, 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.
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.
Facts in Support of Finding:
1. The Project is located between the nearest public road and the sea or shoreline;
however, the Project will not affect the public's ability to gain access to use and/or view
the coast and nearby recreational facilities. 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, density or intensity that will result in increased demand
on public access and recreation opportunities.
2. The Project is designed and sited so as not block or impede existing public access
opportunities and occurs within the confines of private property. Vertical access to the
bay front and a small public beach is available south of the Project at China Cove via
the China Cove Ramp located 300 feet east of the Project's driveway.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds the Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2017-076, subject to the conditions set forth in Exhibit "A,"
which is attached hereto and incorporated by reference.
3. This action shall become final and effective fourteen (14) days following the date this
Resolution was adopted unless within such time an appeal or call for review is filed with
the City Clerk in accordance with the provisions of Title 21 Local Coastal Program
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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 215t DAY OF NOVEMBER, 2019.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Peter Koetting, Chairman
BY:
Lee Lowrey, Secretary
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
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. The development shall include the project revisions mutually agreed upon between the
applicant and appellant as illustrated in Attachment No. PC 4 of the November 21, 2019,
Planning Commission staff report.
3. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
4. This Coastal Development Permit No. CD2017-076 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 NBMC, unless an extension is otherwise granted.
5. Prior to the issuance of any 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.
6. Prior to the issuance of any 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.
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, the beach,
wetlands or their buffers.
8. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
9. This Coastal Development Permit does not authorize any development seaward of the
private property.
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10. The Applicant is responsible for compliance with the Migratory Bird Treaty Act("MBTA").
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
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.
11. Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Pollution Prevention Plan (CPPP).
12. 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.
13. 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.
14. 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.
15. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
16. 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.
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17. This Coastal Development Permit may be modified or revoked by the Planning
Commission 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.
18. Prior to the issuance of any building permit, the Applicant shall submit a final
construction erosion control plan. The plan shall be subject to the review and approval
by the Building Division.
19. Prior to the issuance of any building permit, the Applicant shall submit a final drainage
and grading plan. The plan shall be subject to the review and approval by the Building
Division.
20. Prior to the issuance of any 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 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.
21. Prior to the issuance of any building permit, the approved CPPP and WQHP/WQMR
shall be submitted with the Building Permit plans. Implementation shall be in compliance
with the approved CPPP and WQHP/WQMR and any changes may require separate
review and approval by the Building Division.
22. Prior to the issuance of any 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.
23. Private landscape improvements behind the sidewalk and within the public view corridor
shall not exceed three (3) feet in height.
24. 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.
25. The swimming pool shall incorporate double wall construction with subdrains between
the walls and leak detection devices or an equivalent method.
26. Prior to the issuance of any building permits, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
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27. 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.
28. Prior to the building permit final, 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.
29. All project landscaping contained in planters along proposed driveway shall not exceed
a height of three (3) feet at maturity and shall be maintained at a height of three (3) feet
or lower(including raised planters).
30. Prior to the issuance of any building permit, a construction management plan shall be
submitted for review and approved by the Community Development Department, Fire
Department, and Public Works Department. The construction management plan shall
address construction staging, employee parking, and construction material deliveries.
31. Prior to the complete building framing approval, the general contractor shall submit roof
height certification to the Building Division Inspector verifying compliance with the
approved building heights.
32. 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 Appeal of Sheehy Residence CDP including, but not limited to, Coastal
Development Permit No. CD2017-076 (PA2017-179). 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.
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.)
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Attachment No. PC 2
Draft Resolution for Project Denial
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RESOLUTION NO. PC2019-032
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH OVERTURNING ZONING
ADMINISTRATOR APPROVAL AND DENYING COASTAL
DEVELOPMENT PERMIT NO. CD2017-076 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND ONE-CAR
GARAGE, AND CONSTRUCT A NEW SINGLE-FAMILY
RESIDENCE WITH AN ATTACHED THREE-CAR GARAGE
LOCATED AT 2495 OCEAN BOULEVARD (PA2017-179)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brandon Architects ("Applicant"), on behalf of Brian Sheehy
("Owner"),with respect to property located at 2495 Ocean Boulevard, and legally described
as Parcel 2, Block C, of Resub 274 ("Property"), requesting approval of a coastal
development permit.
2. The Applicant requested a coastal development permit to demolish an existing single-
family residence and one-car garage, and construct a new 6,672-square-foot, single-
family residence with an attached 656-square-foot, three-car garage ("Project");
3. The subject property is designated Single-Unit Residential Detached (RS-D) by the
General Plan Land Use Element and is located within the Single-Unit Residential (R-1)
Zoning District.
4. 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 the Coastal
Zone District is R-1 (Single-Unit Residential).
5. A public hearing was held by the Zoning Administrator on July 11, 2019, in the Corona del
Mar Conference Room located at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the public hearing was given in accordance with the Ralph M.
Brown Act and the NBMC. Evidence, both written and oral, was presented to, and
considered by, the Zoning Administrator at this public hearing. At the conclusion of the
public hearing, the Zoning Administrator approved Resolution No. PC2019-047,
approving the project.
6. On July 24, 2019, Joe and Lisa Vallejo filed an appeal of the Zoning Administrator's
decision to the Planning Commission.
7. Public hearings were held on September 19, October 17, and November 21, 2019, in the
City Council Chambers 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 ("NBMC"). Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at this public hearing.
21
Planning Commission Resolution No. PC2019-032
Page 2 of 2
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines,
projects which a public agency rejects or disapproves are not subject to CEQA review.
SECTION 3. REQUIRED FINDINGS.
A coastal development permit is required to authorize new development in the Coastal Zone.
In this case, the Planning Commission was unable to make the required findings for the
approval of the Project based upon the following:
1. The proposed residence does not conform to all applicable sections of the certified Local
Coastal Program.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Coastal
Development Permit No. CD2017-076.
2. This action shall become final and effective fourteen (14) days following the date this
Resolution was adopted unless within such time an appeal or call for review is filed with
the City Clerk in accordance with the provisions of Title 21 Local Coastal Program
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 215t DAY OF NOVEMBER, 2019.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Peter Koetting, Chairman
BY:
Lee Lowrey, Secretary
22
Attachment No. PC 3
Correspondence
23
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From: Gwen Cruttenden <gwencrutt@yahoo.com> Planning Commission-October 17,2019
Sent: Thursday, October 03,2019 11:14 AM Item No.3b Additional Materials Received
To: - Schuller, Llane Appeal of Sheehy Residence CDP(PA2017-179)
Cc: J Damon
Subject: Addendum:Sheehy2495 Ocean Blvd
Good afternoon,
I wanted to add an additional note to my previous emailed letter in support of Brian Sheehy's construction at 2495
Ocean Blvd.
I understand that there will be a meeting to discuss the neighbor's appeal of the approval that Brian received from the
city for his construction project.As much as I would love to attend the meeting to support Brian and the beautiful home
he is proposing, I will be out of town receiving radiation treatments. I mention this just to let you know that I am not
casually sending an email to defend Brian. I certainly have a lot of other things going on in my life.And an improvement
project such as the one that Brian is proposing is something that would certainly enhance my quality of life as well as
many others in the community.
So please accept my written support as if I was standing there myself at the meeting coming up. I trust you will uphold
your approval of his project so that he can get to work on making his home a beautiful place.
Sincerely
Gwen Cruttenden
Sent from my iPhone
>On Oct 3, 2019,at 10:58 AM,Gwen Cruttenden<gwencrutt@yahoo.com>wrote:
>Dear Ms.Schuller,
>As I am driving though this paradise we call home,I wanted to briefly add my voice to a list of supporters for Brian
Sheehy's proposed home improvement project.
>
>Brian was raised in Newport Beach and was pleased when he was able to buy a home here.While we were happy for
Brian that he was able to secure such an incredible place in Carnation Cove, it was evident that the old home needed
some work done-to say the least.
>I have seen renderings of the proposed changes that he would like to make to improve the property.The first notable
change is the improved footprint of the home from the street, Ocean Boulevard.Currently there is an outdated mailbox
and a generally unattractive curb appeal.The new plans show a much more updated and understated street view. In
fact,it seems that the neighbor would not even notice that there was a house there.Seems like a big plus.
>The remaining views of the house clearly indicate that much of the higher levels of the house will be removed.The
house looks much more streamlined giving the neighbors house even MORE view of the bay and ocean than he had
before.Yay.Good for him.What a lucky neighbor.
>We often boat past Brian's house and the upgrades he plans to make will be even.more of an improvement to the view
as we pass by. I can clearly see from the exhibits he sent me that the changes he proposed will be a great improvement
to the street view,the neighbor's view,the water view, and the general public enjoyment and quality of life here in
Newport Beach.
>Thank goodness for terrific citizens such as Brian Sheehy whose commitment to improving the community is greatly
appreciated.
>Sincerely
>Gwen Cruttenden
> 2S
Planning Commission-October 17,2019
Item No.3b Additional Materials Received
Appeal of Sheehy Residence CDP(PA2017-179)
From: Lee.Amanda
To: Rodrinuez.Cladvel
Subject: FW:Additional Materials-Sheehy
Date: Tuesday,October 15,2019 9:53:53 AM
From: Patti Taketa [mailto:pattitaketa(@gmail.comj
Sent: Monday, October 14, 2019 4:45 PM !
To: Schuller, Liane<Ischuller(@newportbeachca.gov>
Subject: Notice of Public Hearing-2495 Ocean Blvd
To: City of Newport Beach,
I would like to express my support of the proposed building plans for 2495 Ocean Blvd.
As a 25 year resident of CdM, who enjoys walking on Ocean Blvd., taking in the beautiful
coastal scenery, I am grateful that this building plan is lowering the entire structure below curb
level, creating a new view corridor looking out over Newport Harbor.
It is rare to come across plans that improve views for the entire community!
Sincerely,
Patti Taketa
320 Evening Canyon Road
2C
Planning Commission-October 17,2019
Item No.3b Additional Materials Received
Appeal of Sheehy Residence CDP(PA2017-179)
From: Schuller, Liane
Sent: Tuesday, October 15, 2019 2:23 PM
To: Lee, Amanda; Rodriguez, Clarivel
Subject: FW: Additional Materials for 2495 Ocean Blvd. PA2018-179
From: Rob Williams [mailto:robthediver2001@gmaii.com]
Sent:Tuesday,October 15,2019 2:18 PM
To:Schuller, Liane<Ichuller@newoortbeachca.gov>
Subject: 2495 Ocean Blvd.CDM
TO: Mr. L. Schuller:
I'm a frequent traveler on the Newport Harbor. Passing through the channel for over 40 year in
my different vessels I notice the landscape and architecture and find most of it very impressive
However as homes age and become arctitecturely obsolete they will become an eyesore . The
property at 2495 will be greatly enhanced with permits granted to build a new and appealing
structure that fits in with the other new construction on Carnation Cove, i.e. the large condo
project which dwarfs the existing house at 2495 Ocean. This will benefit the neighborhood
with a beautiful new house compliant with all new and current building codes.
from
RobWilliams
714 785 5735
2j
Planning Commission-October 17,2019
Item No.3c Additional Materials Received
Appeal of Sheehy Residence CDP(PA2017-179)
From: Schuller,Liane
To: Lee,Amanda;Rodriquez.Clarivel
Subject: PN:2495 Ocean Blvd,CdM
Date: Thursday,October 17,2019 10:20:57 AM
Please include as ADDITIONAL MATERIALS—thank you.
From:taketacdm@roadrunner.com [mailto:taketacdm@roadrunner.com]
Sent:Wednesday, October 16, 2019 4:00 PM
To:Schuller, Liane <Ischuller@newportbeachca.gov>; 'taketacdm@roadrunner.com'
<taketacdm @roadrunner.com>
Subject: 2495 Ocean Blvd, CdM
To whom it may concern,
As a resident of Corona del Mar since 1975, and present Shorecliffs resident, my wife and I
have enjoyed walking in the village for over 20 years.
At a prior Planning Commission hearing, I shared my opinion that the online building plans
for 2495 Ocean Blvd., CdM would create a welcome break in the silhouettes of houses and
condominiums, which are presently blocking the view of Newport Bay from the sidewalk. At
this meeting, it became apparent that the property's owners and architect made a conscientious
effort to provide this relief, for those of us restricted to the sidewalk.
Rarely do owners or architects take into consideration the pleasure of even this fleeting
opportunity to enjoy the beauty of Newport Bay and it's boating activities.
I applaud the owner's attention to this detail and give my full support to the approval of the
plans for 2495 Ocean Blvd., CdM.
Sincerely,
Richard Taketa
Richard Taketa MD: tal<etardmi@roadrunner.com
2g
Attachment No. PC 4
Applicant's Summary of Revisions
29
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30
<8 BRANDON ARCHITECTS
November 7, 2019
To: Liane Schuller From: Justin Johnston
City of Newport Beach—Community Development Brandon Architects, Inc.
100 Civic Center Drive 151 Kalmus Drive, Ste. G-1
Newport Beach, CA 92658 Costa Mesa, CA 92626
T: 949.644.3200 T: 714.754.4040
Coastal Development Permit—No.: CDP2017-076
Re: Revisions to Plans
2495 Ocean Blvd., Corona Del Mar, CA 92625
Ms. Schuller,
Please accept the attached plans and exhibit of revisions that have been made to the design as a result
of the appeal made by the adjacent property owner. Below is a point by point description of the changes
as they relate;
- Guard rail along driveway has been modified with a solid portion (2.3' in height) and a glass
portion (15" in height) for 42" total fall protection.
- The chimney along the harbor side of the driveway was reduced in height by 3.15'.
- The driveway/garage plate was lowered 6".
- The mansard roof along the harbor side is now 6" lower due to the lower floor plate.
- The two chimney's near the garage have been consolidated into one chimney and will now be
lower than the garage roof.
- The garage roof was revised for partially flat roof(below the maximum height of 24') and a
sloped roof(3:12). This reduced the height respective to each area is a combination of the lower
floor plate and revised slopes; reduction at flat roof was 3.62', reduction at sloped roof was
1.93'.
- A walkway from the entry to the second floor was an addition to the previous plan set and is a
result of negotiations between the subject property and adjacent property owners. The walkway
is exterior and partially open above.
Thank you for your time in reviewing the revisions and please reach out with any questions we may be
able to answer.
Thank you,
Justin Johnston
Project Manager
151 Kalmus Drive,Suite G-1 I Costa Mesa,California 92626 1 714.754.4040 OFFICE brandonarchitects.com
31
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Planning Commission - November 21, 2019
Item No. ting -Staff
Vicinity Map Appeal of Sheehy Residence CDP (PA 7-179)
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Community Development Department- Planning Division 3.
Planning Commission - November 21, 2019
Item No. 3a Additional Materials Presented At Meeting -Staff
c�� r Appeal f Sheeh sid A2017-179 l
0
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Community Development Department- Planning Division 2
Planning Commission - November 21, 2019
Item No. 3a Additional Materials Presented At Meeting - Staff
Appeal of Sheehy Residence CDP (PA2017-179)
• Variance 1114 approved in 1984 to allow over-height garage
in conjunction with new SFR
• Grade Determination approved in 2ol4toestablish
grade for purpose of measuring building height for new SFR
Background * Coastal Development Permit for new SFR
approved by Zoning Administrator on July 11, 2019
* Appealfiled by neighboring property owners on July 25, 2019
Community Development Department- Planning Division 3
Planning Commission - November 21, 2019
Item No. 3a Additional Materials Presented At Meeting - Staff
Appeal of Sheehy Residence CDP (PA2017-179)
• Demo existing 5, 346- sf SFR & Zgo-sf garage
Project • Construct new 6, 630- sf SFR & 656-sf garage
Overview • Complies with all applicable development
standards, including Bluff Overlay standards
Community Development Department- Planning Division 4
Planning Commission - November 21, 2019
Item No. 3a Additional Materials Presented At Meeting - Staff
Appeal of Sheehy Residence CDP (PA2017-179)
Coastal Hazards
• Submitted studies conclude development will not
require protective devices over life of development
Local Coastal Public Coastal Access
• Project replaces existing single-family residence, no
Program increased demand
Considerations Scenic and Visual Quality
• Project will remove non-conforming garage and open up
public views of Newport Bay
Community Development Department- Planning Division 5
Planning Commission - November 21, 2019
Item No. 3a Additional Materials Presented At Meeting -Staff
Existing View from Ocean Blvd & Carnati&pAA *Sheehy Residence CDP (PA2017-179)
y4f
219'
i'.
Public
Views
Enhanced View from Ocean Blvd & Carnation Ave
6
Community Development Department- Planning Division
Planning Commission - November 21, 2019
Item No. 3a Additional Materials Presented At Meeting -Staff
Appeal of Sheehy Residence CDP (PA2017-179)
Existing Residence Viewed from West Jetty View Park
y
Y
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e�woil
Public
Views Proposed Residence Viewed from West Jetty View Park
i I
ma
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Community Development Department- Planning Division 7
Planning Commission - November 21, 2019
Item No. 3a Additional Materials Presented At Meeting - Staff
Appeal of Sheehy Residence CDP (PA2017-179)
• Lower garage roof
Compromise • Lower leading roof edge on residence
and • Reduce chimney height
Revised Plan • Make upperl5" of driveway guardrail
transparent
Community Development Department- Planning Division 8
Planning Commission - November1
tem No.
7-179,
FLAT ROOF(2%
P I a n Revisions Appeal of Sheeny Residence CuP (P
.. RIDGE
REDUCTION)
SLOPED R..
RIDGE ELEV.6539'(1-93-REDUCTION)
BEHI GARAGE
CHANNELREEF
i
r 9!�
4
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GUARD ALONG
DRIVEWAY
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Planning Commission - November 21, 2019
Item No. 3a Additional Materials Presented At Meeting - Staff
Appeal of Sheehy Residence CDP (PA2017-179)
• Conduct a Public Hearing
• Find Project exempt from CEQA under
Class ( New Construction or Conversion
of Small Structures)
Recommendation
• Adopt Resolution No . PC2019 -029,
overturning the Zoning Administrator's
approval and approving Coastal
Development Permit No CD2017-076, as
modified .
Community Development Department- Planning Division io
Planning Commission - November 21, 2019
Item No. 3a Additional Materials Presented At Meeting -Staff
Appeal of Sheehy Residence CDP (PA2017-179)
•
Planningne Schuller,
•
nt
949-644-3200.. ._. . . . Questionis .
O
U � 1
Community Development Department- Planning Division ii
Planning Commission - November 21, 2019
Item No. 3b Additional Materials Received After Deadline
Appeal of Sheehy Residence CDP (PA2017-179)
Rodriguez, Clarivel
Subject: Appeal of Sheehy Residence CDP PA20147-179
From: Murillo,Jaime <JMurillo@newportbeachca.gov>
Sent:Thursday, November 21, 2019 4:31 PM
To: Lee, Amanda <ALee@newportbeachca.gov>;Jurjis, Seimone<siuriis@newportbeachca.gov>; Summerhill,Yolanda
<YSummerhill@newportbeachca.gov>
Subject: FW: 11.21.19 Status Update on Sheehy/Vallejo Settlement Agreement
From:Chandra Slaven <chandraslaven@gmail.com>
Sent:Thursday, November 21, 2019 4:25 PM
To: Schuller, Liane <Ischuller@newportbeachca.gov>; Murillo,Jaime<JMurillo@newportbeachca.gov>
Cc:Arie Spangler<arie@ioncornlaw.com>; James G. Damon <JDamon@vctlaw.com>; Christopher Brandon
<chris@brandonarchitects.com>; Philip Merten <phil@mertenarchitect.com>
Subject: 11.21.19 Status Update on Sheehy/Vallejo Settlement Agreement
Good evening Liane and Jaime,
I am happy to inform you that we have reached a settlement agreement that both parties will be signing this
evening. I will relay this in person tonight to the Commission as well as answer any questions.
Additionally, both parties have agreed that we would request that the Planning Commission add an additional
condition of approval that reads, "Landscaping on the roofs and driveway will be limited to those areas
located in planters and shall be no higher than the height of the adjoining solid walls or planters. It is
understood and agreed that the new planter(s) will not block views from the Vallejo property as
specified in Exhibit "A", Sheet A-0.0 dated November 15, 2019."
Please kindly let the Commission know. Thank you for all your time and effort in this important matter.
See you shortly.
Best regards,
Chandra Slaven
619-316-7645
chandraslaven(a,gmail.com
t