HomeMy WebLinkAbout20201106_Staff Approval Action Letter COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR
ACTION LETTER
Subject: Moriarty Grade Determination (PA2019-120)
Staff Approval No. SA2019-003
Site Location 20462 Birch Street
Applicant Brandon Architects Inc.
Legal Description Portions of Lot 122 in Tract No. 706
On November 6, 2020, the Community Development Director approved the establishment
of an alternate grade of 47.68 feet based on the North American Vertical Datum of 1988
(NAVD88) for the purpose of measuring the height of the principal structure for the property
at 20462 Birch Street. The alternate grade, as depicted in Attachment No. CD 4, is based
on the topography of the subject property, the adjoining properties, and the public right-of-
way.
LAND USE AND ZONING
General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached)
Zoning District: SP-7 REQ (Santa Ana Heights Specific Plan Residential Equestrian)
Newport Beach Municipal Code (NBMC) Section 20.30.050 Establishment of Grade
by Director
If the Director finds that the existing grade on the subject lot has been previously altered
(e.g., contains retaining structures, property line walls, planters, or excavation/fill), or
other conditions are present to the degree that the existing grade is not representative of
the prevailing grades on adjoining lots and/or the general area and, therefore, is not
appropriate for the purpose of establishing the grade of the subject lot, the Director may
establish the grade that is reasonable and comparable with the grades of adjoining lots
and that will not be detrimental or injurious to property and improvements on adjoining
lots.
The Community Development
and conditions.
Finding:
A. The existing grade on the subject lot has been previously altered (e.g., contains
retaining structures, property line walls, planters, or excavation/fill), or other conditions
Moriarty Grade Determination (PA2019-120)
November 6, 2020
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are present to the degree that the existing grade is not representative of the prevailing
grades on adjoining lots and/or the general area and, therefore, is not appropriate for
the purpose of establishing the grade of the subject lot.
Facts in Support of Finding:
1. he subject property was
originally developed in 1949. City records are limited since the property was
annexed from the County in the early 2000s. The current topographic boundary
survey shows a significant slope where the driveway and garage were constructed,
as well as a slope upward towards the neighboring property at 2141 Mesa Drive.
This appears to indicate that excavation was likely completed to both level the pad
for the residential structure and to accommodate vehicular access from the
adjacent street (see photos in Attachment No. CD 3). The grade differential in the
area of the garage is between five and seven feet.
2. Based on NBMC Section 20.30.050 (Grade Establishment), the footprint area of
the proposed structure will have a slope of less than five percent. As such, the
grade would be established by using the four-point method identified in Subsection
20.30.050(B)(2). One of the four points falls on the driveway thus unfairly lowering
the overall grade and resulting in an established grade of 46.50 feet NAVD88. The
current lower grade elevations are not representative of the prevailing grade
elevations on the two adjoining properties. The neighboring property to the north
has an approximate average elevation of 49 feet NAVD88 while the driveway
elevation on the subject property is between 42.62 feet NAVD88 and 44.09 feet
NAVD88. The neighboring property to the east at 2141 Mesa Drive has a lowest
elevation of 49.43 feet NAVD88 and a highest elevation of 59.93 feet NAVD88 at
its rearmost portion. This grade differential creates design constraints and unfairly
restricts the height of both the principal and accessory structures below those of
neighboring properties.
Finding:
B. The grade is reasonable and comparable with the grades of adjoining lots and will
not be detrimental or injurious to property and improvements on adjoining lots.
Facts in Support of Finding:
1. The revised contour elevations depicted in Attachment No. CD 4 allow for the
establishment of a more appropriate grade elevation of 47.68 feet NAVD88, which
better represents the natural topography of the site prior to its excavation. This
revised grade elevation would provide the property with grade elevations that are
compatible with those of the neighboring properties and equitable for the purposes
of measuring heights of the principal and accessory structures on the property.
2. The requested grade determination maintains the topographical pattern of
properties and residential pads stepping down, as Mesa Drive slopes downward
Moriarty Grade Determination (PA2019-120)
November 6, 2020
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toward Birch Street. The alternative grade of 47.68 feet NAVD88 is approximately
6 feet lower than the building pad of the neighboring property at 2141 Mesa Drive.
Any development on the property should not appear out of character with existing
and allowed development in this area.
CONDITIONS
1. The grade for the purposes of measuring height of the principal structure authorized
by this determination shall be based on the alternate grade of 47.68 feet (NAVD88).
2. The grade of any accessory structures within the front setback along Mesa Drive
shall be measured from existing grade prior to construction.
3. A copy of this action letter, including the findings and conditions, shall be copied onto
the building plans.
4. 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,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner r
Moriarty Grade Determination including, but not limited to, the Staff Approval No.
SA2019-003 (PA2019-120). 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.
APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community
Development or City Clerk, as applicable, within fourteen (14) days following the date the
action or decision was rendered. For additional information on filing an appeal, contact the
Planning Division at 949-644-3200.
By:
____________________________
Benjamin M. Zdeba, AICP
Senior Planner
Moriarty Grade Determination (PA2019-120)
November 6, 2020
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Attachments: CD 1 Vicinity Map
CD 2
CD 3 Site Photos
CD 4 Alternate Grade Exhibit
Attachment No. CD 1
Vicinity Map
Feet
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
Disclaimer:
11/6/2020
0 400200
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Attachment No. CD 2
To: Ben Zdeba From: Tyler Wilson, AIA
City of Newport Beach CC: Jeff Van Voorhis, AIA
Building Division Brandon Architects, Inc.
100 Civic Center Drive 151 Kalmus Dr.
Newport Beach, CA 92658 Suite G-1
T: 949.644.3200 Costa Mesa, CA 92626
T: 714.754.4040
Date: 11.26.2019
RE: 20462 SW Birch St. Grade Determination
Dear Mr. Zdeba,
Thank you for taking the time to review and respond to our previous submittal.
A substantial portion of the lot was modified to create a pad at roughly 46.50 . In doing this, substantial
grading occurred along the east and south property lines to keep the existing garage and backyard at the
same or lower elevations relative to the main building pad. The cuts are primarily along the east and
southern property lines of Parcel 1.
To account for these alterations, we have developed a Natural Grade contour exhibit that reestablishes
grade prior to any modification on Parcel 1. Contour lines at the eastern boundary of Parcel 1 and 2 are
extended along their natural trajectory rather than abruptly jogging where the grading cuts occurred. The
contour lines reconnect at their respective elevations along Mesa Drive. They follow a gentle curve
imitating the adjacent context, naturally stepping down toward the corner of Birch Street and Mesa Drive.
Establishing a grade plane with these contours provides a better representation of the natural site
characteristics than the existing contours allow for. The maximum height established by these contours
will only be 1.3 higher than the maximum height calculated from the existing contours which we feel is
within reason.
Thank you for your time and please do not hesitate to call if you have any questions.
Best Regards,
Tyler Wilson, AIA
Attachment No. CD 3
Site Photos
Attachment No. CD 4
Alternate Grade Exhibit