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Home My WebLink About20191206_CDD Action LetterFrom:Lee, David To:Lee, Amanda Subject:FW: Planning Division Action Report for the week ending December 6, 2019 Date:Monday, December 09, 2019 9:51:32 AM Attachments:image001.png image005.png image004.png See below, thanks From: Lee, David Sent: Monday, December 09, 2019 8:23 AM To: 'Rick Barrett' <r.barrett@verizon.net> Subject: FW: Planning Division Action Report for the week ending December 6, 2019 Hi Rick, Last Friday, the action letter was published which contained your grade determination. See the link below to review. FYI, there is a two-week appeal period. Let me know if you have any questions. Thanks. DAVID S. LEE Community Development Department Assistant Planner dlee@newportbeachca.gov 949-644-3225 CITY OF NEWPORT BEACH 100 Civic Center Drive, First Floor Bay C, Newport Beach, California 92660 | newportbeachca.gov From: Palencia, Ketshy <KPalencia@newportbeachca.gov> Sent: Friday, December 06, 2019 2:46 PM Subject: Planning Division Action Report for the week ending December 6, 2019 Good afternoon, Please click here to view the Planning Division Action Report for the week ending on December 6, 2019. You may also view current and prior action reports HERE. Thank you and I hope you have a great weekend! KETSHY PALENCIA Community Development Department Administrative Support Technician kpalencia@newportbeachca.gov 949-644-3201 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: Barrett Grade Determination (PA2019-188)  Staff Approval No. SA2019-008 Site Location 930 Via Lido Nord Applicant Rick Barrett Legal Description Lot 328 of Tract 907 On December 6, 2019, the Community Development Director approved the establishment of an alternate grade of 9.50 feet North American Vertical Datum of 1988 (NAVD88) for the purpose of measuring the height of accessory structures and fences within the 10-foot front yard setback. The alternate grade is based on the topography of the subject property and the adjoining properties (Attachment No. CD 3). A separate coastal development permit is required for the future raising of the seawall, as the grade determination does not authorize development. LAND USE AND ZONING • General Plan Land Use Plan Category: RS-D (Single-Unit Residential, Detached) • Zoning District : R-1 (Single-Unit Residential) • Coastal Land Use Plan Category: RSD-C (Single Unit Residential Detached) – (10.0 – 19.9 DU/AC) • Coastal Zoning District: R-1 (Single-Unit Residential) 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 Director’s Staff Approval is based on the following findings and conditions. Barrett Grade Determination (PA2019-188) December 6, 2019 Page 2 Tmplt: 07/25/19 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 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. The subject property was recently permitted for a remodel and addition to an existing single-unit dwelling and is currently under construction. The property’s front yard is developed with an existing swimming pool located on an upper concrete deck, which steps down to a lower concrete deck that leads to an existing dock. The lower deck has an elevation of 7.17 feet NAVD88 and is subject to flooding during high tide. 2. The lower deck is not representative of the prevailing grade elevations on the two adjoining properties, as 932 Via Lido Nord has a deck elevation of 9.09 feet NAVD88 and 928 Via Lido Nord has a deck elevation of 10 feet NAVD88. The existing lower deck at the subject property is approximately 1 foot 11 inches lower than the grade at 932 Via Lido Nord, and 2 feet 10 inches lower than the grade at 928 Via Lido Nord. This grade differential creates design constraints and unfairly restricts the height of 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. Allowing a higher grade of 9.50 feet NAVD88 (average elevation of two adjoining properties) would provide the property with a grade elevation that is compatible with those of the neighboring properties and equitable for the purposes of measuring heights of accessory structures within the front setback. 2. The purpose of this grade determination is for the future raising of the existing seawall. The current height of the seawall consistently allows for flooding during high tide. A higher grade of 9.50 feet NAVD88 will allow a seawall and protective guardrail to be constructed at an appropriate height that is in line with the adjoining properties, which are protected against flooding. A higher seawall will not be detrimental to adjoining properties as it will prevent flooding onto the residence. Barrett Grade Determination (PA2019-188) December 6, 2019 Page 3 Tmplt: 07/25/19 CONDITIONS 1. The grade for the purposes of measuring height of accessory structures authorized by this determination shall be based on existing grade prior to construction or alternate grade of 9.50 feet NAVD88, whichever is greater. 2. A copy of this action letter, including the findings and conditions, shall be copied onto the building plans. 3. 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 the Barrett Grade Determination including, but not limited to, the SA2019-008 (PA2019-188). 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: ____________________________ David S. Lee Assistant Planner JM/dl Attachments: CD 1 Vicinity Map CD 2 Site Photos CD 3 Project Plans Attachment No. CD 1 Vicinity Map Tmplt: 07/25/19 VICINITY MAP Staff Approval No. SA2019-008 PA2019-188 930 Via Lido Nord Subject Property Attachment No. CD 2 Site Photos Attachment No. CD 3 Project Plans