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HomeMy WebLinkAbout02_Garrett Investment Group, LLC Demolition CDP_PA2019-267CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT September 24, 2020 Agenda Item No. 2 SUBJECT: Garrett Investement Group, LLC Demolition (PA2019-267) Coastal Development Permit No. CD2019-074 SITE LOCATION: 622, 622 ½, 624 and 624 ½ Clubhouse Avenue APPLICANT: John T. Morgan Jr. OWNER: Garrett Investment Group, LLC PLANNER: Melinda Whelan, Assistant Planner 949-644-3221 or mwhelan@newportbeachca.gov LAND USE AND ZONING General Plan Land Use Plan Category: RT (Two Unit Residential) Zoning District: R-2 (Two-Unit Residential) Coastal Land Use Plan Category: RT-D (Two Unit Residential) (20.0 29.9 DU/AC) Coastal Zoning District: R-2 (Two-Unit Residential) PROJECT SUMMARY The applicant proposes to demolish an existing 950-square-foot nonconforming fourplex and a 400-square-foot, two-car garage. The existing property is comprised of two lots developed as a fourplex. No new construction is proposed at this time. 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) 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. The exceptions to this categorical exemption under Section 15300.2 are not applicable; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development Permit No. CD2019-074 (Attachment No. ZA 1). 1 Garrett Investment Group, LLC Demoltion (PA2019-267) Zoning Administrator, September 24, 2020 Page 2 Tmplt: 07/25/19 DISCUSSION Land Use and Zoning The project includes the demolition of an existing fourplex, a two-car garage, and appurtenant facilities. The existing fourplex is developed over an underlying interior lot line and the property is comprised of two legal lots. The demolition of a fourplex does not qualify for the Categorical Exclusion Order No. CE-5-NPB-16-1-A1; therefore, a coastal development permit (CDP) is required. The future redevelopment of the individual lots for use as a single-family or two-unit development would not require a CDP and would qualify for the Categorical Exclusion Order. No new construction is proposed at this time. The application and demolition plan were deemed complete prior to December 31, 2019. Therefore, the future project of a single-family or two-unit development is compliant with the provisions of Senate Bill SB330. The existing structure on the property is nonconforming due to density and parking, as it contains four dwelling units and only a two-car-garage. The Planning and Zoning Code (Title 20) and Local Coastal Program Implementation Plan (Title 21) of the Newport Beach Municipal Code (NBMC) allow for up to two dwelling units maximum on-site and require a minimum of two parking spaces per dwelling unit (one enclosed and one covered). Any future redevelopment on the subject property would be required to comply with Title 20 and Title 21 requirements related to density and parking. Therefore, demolition of the existing structures would remove an existing nonconforming use with deficient parking. Although the project includes the demolition of four dwelling units in the coastal zone, the project is exempt from Chapters 20.34 and 21.34 (Conversion of Demolition of Affordable Housing) of the NBMC. The project is exempt because the City has less than 50 acres (in aggregate) of privately owned, vacant land available for residential Water Quality The demolition addresses water quality with an erosion control demolition plan that includes sandbags and erosion control notes. The sites are comprised of sand instead of soil, so the sandbags are adequate for any runoff. Temporary fencing will be erected to border the site and hold the sandbags in place during demolition. Public Access and Views The bay is approximately 70 feet from the subject property at the terminus of Clubhouse Avenue. There is existing two-story development directly on the bay and 2 Garrett Investment Group, LLC Demoltion (PA2019-267) Zoning Administrator, September 24, 2020 Page 3 Tmplt: 07/25/19 between the subject property and the bay so there are no existing views afforded from the subject property. Prior to and after demolition, temporary construction fencing would be erected along the property lines for safety and water quality purposes. The temporary construction fencing would only be in place as required by the Building Division. The applicant has provided a project description that details redevelopment plans for the lots and it is attached as Attachment No. ZA 3. Vertical public access to the bay is available near the site at the terminus of Clubhouse Avenue and the bay. Lateral access is available on the beach at the terminus of Clubhouse Avenue. The project does not include any features that would obstruct public access along these routes. ENVIRONMENTAL REVIEW This project is 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, Chapter 3, because it has no potential to have a significant effect on the environment. Class 3 exempts the demolition of up of multi-family and up to four-unit residences and additions of up to 10,000 square feet to existing structures. The proposed project consists of the demolition of four dwelling units and a two-car garage. 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. Notice of the filed application was also posted on the site shortly after filing. 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 3 Garrett Investment Group, LLC Demoltion (PA2019-267) Zoning Administrator, September 24, 2020 Page 4 Tmplt: 07/25/19 Development Director in accordance with the provisions of Title 21 (Local Coastal Program Implementation Plan) of the NBMC. Final action taken by the City may be appealed to the Coastal 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: BMZ/msw Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Description from Applicant ZA 4 Project Plans 4 Attachment No. ZA 1 Draft Resolution 5 05-14-19 RESOLUTION NO. ZA2020-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-074 TO DEMOLISH AN EXISTING 950-SQUARE-FOOT NONCONFORMING FOURPLEX AND 2-CAR GARAGE LOCATED AT 622, 622 ½, 624 AND 624 ½ CLUBHOUSE AVENUE (PA2019-267) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John T. Morgan Jr. (Applicant), with respect to property located at 622, 622 ½, 624 and 624 ½ Clubhouse Avenue (Property), requesting approval of a coastal development permit (CDP). 2. The lots at 622 and 624 Clubhouse Avenue are legally described as Lot 12 and Lot 13, Block 634, of Canal Section Newport Beach. 3. The Applicant proposes to demolish an existing 950 square-foot nonconforming fourplex and 2-car garage (Project). No new construction is proposed at this time. Future redevelopment of a single- or two-family home will require a Categorical Exclusion Order Exemption and a building permit. A construction erosion control plan will be implemented during and after demolition. 4. The Property is designated RT (Two Unit Residential) by the General Plan Land Use Element and is located within the R-2 (Two-Unit Residential) Zoning District. 5. The Property is located within the coastal zone. The Coastal Land Use Plan category is RT-D (Two Unit Residential) (20.0 29.9 DU/AC) and it is located within the R-2 (Two- Unit Residential) Coastal Zone District. 6. A public hearing was held online via Zoom on September 24, 2020, observing restrictions due to the Declaration of a State of Emergency and Proclamation of Local Emergency related to COVID-19. 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. 6 Zoning Administrator Resolution No. ZA2020-### Page 2 of 7 02-03-2020 2. Class 3 exempts the demolition of up multi-family residences including up to four-unit dwellings. The proposed Project consists of the demolition of four dwelling units and a two-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 (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 includes the demolition of an existing fourplex, a two-car garage, and appurtenant facilities. The future redevelopment of the lots for use as a single-family or two-unit residential development would not require a CDP and would be allowed with a Categorical Exclusion Order Exemption and a building permit. No new construction is proposed with this approval. 2. The existing structure on the property is nonconforming due to density and parking, as it contains four dwelling units and only a two-car-garage. The Planning and Zoning Code (Title 20) and Local Coastal Program Implementation Plan (Title 21) of the Newport Beach Municipal Code (NBMC) allow for up to two dwelling units maximum on-site and a minimum of two parking spaces per dwelling unit (one enclosed and one covered). Any future redevelopment on the subject property would be required to comply with Title 20 and Title 21 requirements related to density and parking. Therefore, demolition of the existing structures would remove an existing nonconforming use with deficient parking. 3. Although the Project includes the demolition of four dwelling units in the coastal zone, the Project is exempt from Chapters 20.34 and 21.34 (Conversion of Demolition of Affordable Housing). The Project is exempt because the City has less than 50 acres (in aggregate) of privately owned, three miles therefrom. 4. The demolition addresses water quality with an erosion control demolition plan that includes sandbag layout and erosion control notes. The sites are comprised of sand instead of soil, so the sandbags are adequate for any run off. Temporary fencing at the 7 Zoning Administrator Resolution No. ZA2020-### Page 3 of 7 02-03-2020 minimum height required will be erected to border the site and will hold the sandbags in place. 5. The bay is approximately 70 feet from the subject property at the terminus of Clubhouse Avenue. There is existing two-story development directly on the bay and between the subject property and the bay so there are no existing views afforded from or surrounding the subject property that would be impacted by the demolition. Prior to and after demolition, temporary construction fencing would be erected along the property lines for safety and water quality purposes. 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. Implementation Plan Section 21.30A.040 requires that the provision of public access bear be proportional to the impact. In this case, the Project removes a nonconforming residential structure prior to redevelopment of the site with conforming residential structures. The Project will not result in a change of land use that would result in increased demand on public access and recreation opportunities. Furthermore, any future redevelopment of Property will be required to be designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. Vertical public access to the bay is available near the site at the terminus of Clubhouse Avenue and the bay. Lateral access is available on the beach at the terminus of Clubhouse Avenue. The project does not include any features that would obstruct public access along these routes. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds 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. The exceptions to this categorical exemption under Section 15300.2 are not applicable. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2019-074, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 8 Zoning Administrator Resolution No. ZA2020-### Page 4 of 7 02-03-2020 3. 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 Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF SEPTEMBER, 2020. 9 _____________________________________Jaime Murillo, Zoning Administrator Zoning Administrator Resolution No. ZA2020-### Page 5 of 7 02-03-2020 CONDITIONS OF APPROVAL 1. The development (the demolition of an existing fourplex, garages, and appurtenant facilities) shall be in substantial conformance with the approved demolition stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. 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. No demolition or construction materials shall be stored on public property. 3. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 4. This Coastal Development Permit does not authorize any new construction, only the demolition of the existing fourplex and appurtenant structures on-site. 5. All temporary construction fencing erected shall only be the minimum required. Said temporary fencing shall be well maintained and shall be kept free of graffiti. While the site is vacant and pending redevelopment, it shall also be well maintained and kept free of rubbish or overgrown weeds. 6. 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. 10 Zoning Administrator Resolution No. ZA2020-### Page 6 of 7 02-03-2020 7. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity as designated in the construction erosion control plan/CPPP. 8. 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. 9. 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. Stockpiles 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. 10. 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. 11. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 12. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 13. 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. 14. This CDP 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. 15. Prior to the issuance of building permits for demolition, the Applicant shall submit a final construction erosion control plan/CPPP. The plan shall be subject to the review and approval by the Building Division. 16. Prior to issuance of a building permit, a copy of the Resolution, including conditions of plans. 17. 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. 18. Should the Property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current 11 Zoning Administrator Resolution No. ZA2020-### Page 7 of 7 02-03-2020 property owner or agent. 19. This Coastal Development Permit No. CD2019-074 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 NBMC, unless an extension is otherwise granted. 20. 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 sts) of every kind and nature approval of Garrett Investment Group LLC Demoltion CDP including, but not limited to, Coastal Development Permit No. CD2019-074 (PA2019-267). 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. 12 Attachment No. ZA 2 Vicinity Map 13 VICINITY MAP Coastal Development Permit No. CD2019-074 PA2019-267 622, 622 ½, 624 and 624 ½ Clubhouse Avenue Subject Property 14 Attachment No. ZA 3 Project Description from the Applicant 15 From: jtmorganarchitect@ca.rr.com Sent: Monday, September 14, 2020 12:41 PM To: Whelan, Melinda Subject: Re: I really need that description. [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hi Melinda, new single family residences, one on each existing lot. They anticipate that once the demolition is completed, that the construction phase will begin within 2 to 3 months. John Morgan sorry some sort of email issue over here .. From: Whelan, Melinda Sent: Monday, September 14, 2020 12:03 PM To: John Morgan Subject: I really need that description. 16 Tmplt: 07/25/19 Attachment No. ZA 4 Project Plans 17 ADDRESS: #622CLUBHOUSE AVENUE15.05.07.30TC6.790"7.37TC6.84FLSIGNWMACACACCONC.21.67RIDGE8.488.547.7411.42TW7.44MAILBOXES7.437.457.38SEWER CO.7.819.26FF27.37T.O.R.7.908.558.0218.36TW8.8718.27TW8.78GF8.558.528.428.34FS8.878.628.508.51CONC.CONC.CONC.CONC.CONC.CONC.CONC.5.09.96.33.1X XXXPCONC.CONC.CONC.CONC.CONC.CONC.0.111.63.0CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.DIRTCONC.DIRTDIRTL=30.08'9.2ADDRESS: #6260"7.25TC'X'WM7.346.75ACACACAC7.17LS4184CONC.MAILBOXES7.35CONC.CONC.7.348.1327.48T.O.R.9.20FF7.928.62GAS METERS7.928.228.08FL8.46FF8.288.60P8.6818.36TW8.828.498.918.24PCONC.CONC.CONC.CONC.CONC.CONC.WATERHEATERCONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.4.02.44.09.98.8CONC.LEGAL DESCRIPTION:624 & 624 1/2 CLUBHOUSE AVENUENEWPORT BEACHLOTS 12 & 13, BLOCK 634 OF CANAL SECTION AS PERMAP RECORDED IN BOOK 4, PAGE 98 OFMISCELLANEOUS MAPS, RECORDS OF ORANGECOUNTY, CALIFORNIA.GARRETT INVESTMENT GROUPCOUNTY OF ORANGE BENCH MARK#J 782, ELEVATION = 6.98 NAVD 88 DATUMDESCRIPTIONLEGENDX X(123.45)( )P.P.WMF.F.G.F.CONC.F.S.M.H.PA.C.T.G.DECKBRICKWALLFENCEMEAS. ELEVATIONSREC. BRG. & DIST.BUILDINGPROPERTY LINEPOWER POLEWATER METERFINISH FLOORGARAGE FLOORCONCRETEFINISH SURFACEMAN-HOLEPLANTERASPHALTTOP-GRATENATURAL GRADEN.G.BENCH MARKRdM SURVEYING INC.RON MIEDEMA L.S. 465323016 LAKE FOREST DR. #409LAGUNA HILLS, CA 92653(949) 858-2924 OFFICE(949) 858-3438 FAXRDMSURVEYING@COX.NETTOPOGRAPHIC SURVEY DATE: 7/25/19OWNER:BENCH MARK:ADDRESS OF PROJECT:BSTP BELOW STOOPADDRESS: #624 0.10.18.78GF8.78GF8.88.87ADDRESS: #624ADDRESS: #62210.01020 HUNTINGTON DRIVESAN MARINO, CA 9110818 Sept. 24, 2020, Zoning Administrator Agenda Comments Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 2. Garrett Investment Group, LLC Demolition Coastal Development Permit No. CD2019-074 (PA2019-267) This application to demolish four existing dwelling units with no firm commitment regarding what is to replace them is concerning both as to (1) its impact on the City’s RHNA obligations and (2) its compliance with state law. The staff report refers to the subject property as consisting of two lots on which an “existing fourplex is developed over an underlying interior lot line,” and although it is apparently not part of the application, “Project Description from Applicant” of Attachment ZA 3 (received on September 14, 2020) states the plan is to build a single-family home on each lot. That would result in a net loss of two units. However, the current status of the two lots seems less clear since the City’s mapping application shows a single property with a single Assessor’s Parcel Number and no interior property line. Our General Plan and Zoning Maps similarly show a single “double-wide” R-2 property at this location. Since a single-family home is allowed on an R-2 property, those appear to leave open the possibility this particular property could be authorized for redevelopment with a single home (the proposed resolution is notably ambiguous as to whether the future development of “the lots” could be together rather than separately). That would represent a net loss to the City of three units, as well as a loss of the already limited coastal housing opportunities. It would also raise concerns about gentrification and compatibility with nearby development. Zoning Administrator - September 24, 2020 Item No. 2a Additional Materials Received After Deadline Garrett Investment Group, LLC Demolition CDP (PA2019-267) September 24, 2020, ZA agenda Item 2 comments - Jim Mosher Page 2 of 3 The property adjacent on the north has apparently also been merged relative to the original “Canal Section” subdivision, although unlike those, if the 1907 lot lines still have significance, the only things built over them on this site seems to be a connecting second floor balcony: If the lots are indeed separate, I am not sure why this is regarded as “fourplex” rather than the two connected duplexes it appears to be. However that may be, of equally major concern is the credibility of the statement on page 2 of the staff report that this proposal is exempt from the provisions of Senate Bill SB 330 because “The application and demolition plan were deemed complete prior to December 31, 2019.” According to the online “Case Log” the application was not submitted until December 23, 2019. In the absence of some verifiable and clearly specified date on which the application was deemed complete, it is difficult to believe that could have occurred before December 31. First, most of the City Hall was reportedly closed, all day, from December 24 (the day after submission) through January 1. Second, the project description of Attachment ZA 3, which, from the planner’s message (handwritten page 16) seems to be a “really needed” part of the application, was no provided until September 14, 2020. As to the proposed resolution: (handwritten) Page 6, Section 1.6: “A public hearing was held online via Zoom on September 24, 2020, observing restrictions due to the Declaration of a State of Emergency and Proclamation of Local Emergency related to COVID-19.” [? This possible “correction” is being suggested only to create uniformity with the way this was phrased in previous Zoning Administrator resolutions and in the others on the present agenda. I believe they all refer to Governor Newsom’s March 4, 2020, proclamation (rather than “declaration”). The language used in the other resolutions notwithstanding, “State of Emergency” sounds more accurate to me, although “statewide emergency” might be more descriptive.] Zoning Administrator - September 24, 2020 Item No. 2a Additional Materials Received after Deadline Garrett Investment Group, LLC Demolition CDP (PA2019-267) September 24, 2020, ZA agenda Item 2 comments - Jim Mosher Page 3 of 3 Page 6, Section 2.1: “This Project is categorically exempt pursuant to Title 14 Division 6 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.” [Note: this correction makes the reference more clear (there are Chapter 3’s in other Divisions of Title 14), however the correct exemption for demolition appears to be “Class 1” (not 3) as described in Section 15301(l)(2). See suggested page 8 correction, which would apply here as well.] Page 7, Section 2.2: “Class 3 1 exempts the demolition of up multi-family residences including up to four-unit dwellings.” Page 7, Section 3.A.2: I do not understand the statement “The existing structure on the property is nonconforming due to density.” The staff report suggested this is two R-2 lots which would allow four units, but this statement suggests it is a single R-2 lot with a maximum capacity of two units. Or is this referring to the 20.0 - 29.9 DU/AC in the Land Use Plan? If so, the lot 0.1 acres and four units would give a non-compliant 40 DU/AC. But the “normal” R-2 lot in this tract is 0.05 acres, so a duplex on them is also 40 DU/AC. Page 7, Section 3.A.3: What does the phrase “available for residential use” mean? Banning Ranch is more than 50 acres within the coastal zone. Is it “available”? And is it “vacant”? Page 8, Section 4.1: “The Zoning Administrator of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 15301 under Class 3 1 (New Construction or Conversion of Small Structures Existing Facilities) 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. The exceptions to this categorical exemption under Section 15300.2 are not applicable.” [see page 6 comment, above] Zoning Administrator - September 24, 2020 Item No. 2a Additional Materials Received after Deadline Garrett Investment Group, LLC Demolition CDP (PA2019-267)