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HomeMy WebLinkAboutPA2022-0315_20230328_Owners AffidavitCommunity Development Department Discretionary Application Owner’s Affidavit CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment \\cnb.lcl\data\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_Guidelines\Planning Permit Owner's Affadavit 2022.docx Rev: 01/24/23 1.Check Permits Requested: Approval-in-Concept - AIC # Lot Merger Staff Approval Coastal Development Permit Limited Term Permit - Tract Map Waiver for De Minimis Development Seasonal < 90 day >90 days Traffic Study Coastal Residential Development Modification Permit Use Permit -Minor Conditional Condominium Conversion Off-Site Parking Agreement Amendment to existing Use Permit Comprehensive Sign Program Planned Community Development Plan Variance Development Agreement Planned Development Permit Amendment -Code PC GP LCP Development Plan Site Development Review – Major Minor Zoning Clearance - ADU Use Lot Line Adjustment Parcel Map Other: 2.Project Address(es)/Assessor’s Parcel No(s) 3.Project Description and Justification (Attach additional sheets if necessary): 4.Property Owner’s Affidavit*: (I) (We)depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further certify,under penalty of perjury, that the foregoing statements and answers herein contained and the information herewithsubmitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature(s): ________________________________ Title: Date: MM/DD/YEAR Signature(s): ________________________________ Title: Date: *May be signed by the lessee or by an authorized agent if written authorization from the owner of the record is filed concurrently with the application. Please note, the owner(s)’ signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. “Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a license, permit, or other entitlement for use is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent to any elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record. Please review Senate Bill 1439 - Statues 2022 for further information” Blues 1905, LLC 2741 Ocean Boulevard Changes to and Approved Project - VA1137 March 7, 2023 2741 Ocean Boulevard Changes to an Approved Project Variance No. 1137 NBMC 20.54.070 – Changes to an Approved Project (VA1137) Pursuant to NBMC Section 20.54.070 (Changes to an Approved Project) of the Newport Beach Municipal Code, Blues 1905, LLC (“Applicant”) requests approval for minor changes to Variance No. 1137. This request supports the pending Coastal Development Permit and Modification Permit applications that were submitted on December 21, 2022 (PA2022-315). Variance No 1137 allowed additions and alterations to an existing single-family home that exceeded the 24-foot height limit due to the steep sloping topography of the subject property. The request also included a setback modification to allow portions of the addition to encroach into front setbacks along Ocean Blvd. The Planning Commission approved Variance No. 1137 and an accompanying CEQA document (Negative Declaration) on November 6, 1986. The following analysis demonstrates that the proposed minor additions and alterations are in substantial conformance with the previously approved Variance No. 1137 and all conditions of approval and mitigation are either no longer applicable due to the right of way vacation and/or the resulting increase in property size. Project Description The Applicant is requesting approval to construct a 2,511 square foot addition, along with other minor alterations, to an existing 5,781 square foot, single-family residence with 5 garaged parking spaces. The resulting home will be approximately 8,292 square feet on the existing 10,360 square foot residential lot. The project includes grading, hardscape, walls, shoring, drainage, a swimming pool, landscaping, and other accessory structures. Ocean Blvd. Vacation and Abandonment In October 1999, the City Council adopted Resolution No. 98-66 that vacated and abandoned a portion of the Ocean Blvd. right-of-way adjacent to the Applicant’s property. The abandoned right-of-way (approximately, 5,556 square feet in area) was added to the Applicant’s property resulting in the much larger 10,527 square foot property, which exists today. Since the right- of-way vacation shifted the northerly property line to the back of the Ocean Blvd. sidewalk, the home now complies with the 10-foot front yard setback as- Blues 1905, LLC 2741 Ocean Boulevard Changes to and Approved Project - VA1137 March 7, 2023 is where a modification was previously required and approved by the City. The proposed principal structure additions comply with the 10-foot front yard setback. NBMC 20.54.070 – Changes to an Approved Project (VA1137) In accordance with Section 20.54.070(B)(1), the Community Development Director, or his/her designee, may authorize minor changes to an approved site plan, architecture, or the nature of the approved use, without a public hearing. To make such an approval, the Director must first find that the minor changes: a. Are consistent with all applicable provisions of this Zoning Code; • The proposed minor addition and alterations to the existing single-family home are consistent with all applicable development standards of the Single-Unit Residential (R-1) Zoning District including height, setbacks floor area limits, and nonconforming standards. • The project has been designed to meet all findings required for approval of a Coastal Development Permit and a Modification Permit (retaining wall). b. Do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project; • The proposed minor changes do not involve a feature of the project that was a basis for or subject of findings or exemptions in a Negative Declaration. • The Initial Study/Negative Declaration identified potential impacts in the categories of Earth, Water, Noise and Air. • The Negative Declaration included mitigation measures to address the potential impacts and bring them to a level below significance. See Table 1 – Mitigation Measures, for detailed responses. c. Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval; and • The proposed minor additions and alterations have been designed to be in substantial conformance with the previous approvals. Please refer to Table 1 (below) for additional details on how the project complies with development standards, conditions of approval and CEQA mitigation measures. Blues 1905, LLC 2741 Ocean Boulevard Changes to and Approved Project - VA1137 March 7, 2023 d. Do not result in an expansion or change in operational characteristics of the use. • 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. The existing and proposed remodeled residence are single-family homes, and the proposed remodel does not change the operational characteristics of the use. Table 1: VA1137 Conditions of Approval/Mitigation Measures* 1. That the development shall be substantial conformance with the approved revised, plot plan, floor plans and elevations except as noted below. Complies. The proposed addition and alterations comply with all applicable development standards. There is no height increase in the portion of the structure that exceeds the height limit. The new addition complies with the height limits. The remodeled building face, columns and deck rails do not extend further than the existing structure. 2. Except for the chimney, permitted in Condition No. 6 below, all new construction shall not extend above the top of curb on Ocean Boulevard. Complies. No change to the existing roof height of the top level is proposed. The new principal structure additions comply with applicable height limits. All chimneys are below the Ocean Blvd. top of curb height limit. 3.That’s the gross floor area of the structure shall not exceed 5,264 sq. ft. (1.93 x buildable area). Not Applicable. Because of the vacation of a portion of Ocean Blvd., the property now has a buildable area of 6,813 square feet and a corresponding floor area limit of 10,2919 square feet. The proposed remodeled singe family home is well below the size limit of what is allowed on the property as a matter of right. 4.That as long as the property is developed with a structure which exceeds 1.5 times the buildable area, the applicant shall record a covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, so as to limit the use of the existing and proposed garages for the storage of vehicles only. Not Applicable. The property has a floor area limit of 10,219 square feet and the proposed remodeled home is only 8,292 square feet. 5.That all trees and shrubs located within the slope area of Ocean Blvd. and within the subject property, shall be trimmed or cut prior to the issuance of a Building Permit, and maintained on a continuous basis so as not to project above a sight line established between a point equal to the height of the existing wrought iron fence located in front of the property and the back edge of the finished roof line of the structure. Said requirement shall apply to the full width of the site. Complies. The project includes rehabilitated landscape areas. The species of trees, shrubs and other plantings and their locations have been chosen to be consistent with this requirement and will be maintained to comply with this condition. Additionally, the back edge of the finished roofline is not being expanded, 6.That the new chimney shall not exceed the minimum height required by the Uniform Building code. Complies. All chimneys comply with the Ocean Blvd. top of curb elevation. This will improve the views of the ocean and bay over the property. Blues 1905, LLC 2741 Ocean Boulevard Changes to and Approved Project - VA1137 March 7, 2023 7.That the displaced sections of curb on Ocean Blvd. shall be replaced. Complies. This condition was met. All construction is required to comply with public works related regulations and polices. 8.That the abandoned 12-inch storm drain that crosses the subject property be removed or the remaining section between the Ocean Blvd. curb inlet and the property be filled with sand slurry. Complies. This condition was met. 9. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. Complies. Review and approval of the grading plan is required prior to the issuance of a grading permit. 10. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize and potential impacts from silt, debris, and other water pollutants. Complies. Review and approval of the temporary and permanent drainage plan is required grading plan including temporary erosion control and permanent drainage facilities prior to the issuance of a grading permit. 11. An erosion, siltation and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. Complies. Review and approval of a temporary and permanent erosion control features is required prior to the issuance of a grading permit. 12. The velocity of concentrated run-off from the project shall be calculated and erosive velocities controlled as part of the project design. Complies. The project has been designed to comply with all drainage and run-off standards and polices, including a WQMP. 13. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soils engineer and an engineering geologist subsequent to the completion of a comprehension soil and geologic investigation of the site, said report shall be subject to the approval of the City Grading Engineer prior to the issuance of a grading permit and shall include a detailed slope stability analysis. Permanent reproducible copies of the “Approved as Built” grading plans on standard size idk shall be furnished to the Building Department. Complies. A grading plan will be submitted for review and approval to the Building Division. 14. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the City Grading Engineer. Complies. Review and approval of a temporary and permanent erosion control features is required prior to the issuance of a grading permit. 15. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090(A) of the Newport Beach Municipal Code. Complies. Variance No. 1137 was exercised within the 24-month time limit. *Mitigation Measures 1-6 from the negative declaration were included as conditions of approval Nos 9-14.