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HomeMy WebLinkAbout2.0 - 2727 Shell St. - PA2014-192 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT January 22, 2015 Agenda Item 2 SUBJECT: Senior Accessory Dwelling Unit 2727 Shell Street • Minor Use Permit No. UP2014-041 (Amendment to Use Permit No. UP3331) APPLICANT: Michael Mugel PLANNER: Melinda Whelan, Assistant Planner (949) 644-3221, mwhelan@newportbeachca.gov PROJECT SUMMARY A request to amend existing Use Permit No. 3331 to reflect updated Zoning Code requirements for an existing senior accessory dwelling unit. The changes include lowering the age requirement from 60 years of age or older to 55 years of age or older and deleting the condition that requires a garage space. RECOMMENDATION 1 ) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Conditional Use Permit No. UP2014-041 No. (Attachment No. PC 1). 1 V� QP �P 2727 Shell Street Senior Dwelling Amendment Planning Commission, January 22, 2015 Page 2 �[ y VICINITY MAP GENERAL PLAN ZONING a LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Single-Unit Residential Single-Unit Residential Single Family with senior Detached (RS-D) (R-1 accessory dwelling unit NORTH RS-D R-1 Single Family SOUTH RS-D R-1 Sin le Family EAST RS-D R-1 Single Family WEST RS-D R-1 Single Family 3 V� QP �P 2727 Shell Street Senior Dwelling Amendment Planning Commission, January 22, 2015 Page 3 INTRODUCTION Project Setting The subject property is currently developed with a single-family dwelling and a detached 4-car garage with a 634-square-foot senior accessory dwelling unit above. To the northeast, southeast, and northwest are single-family dwellings. The entrance to Newport Harbor is southwest of the subject property. Project Description The request is to modify the conditions of approval required in an existing use permit to reflect updated Zoning Code requirements for senior accessory dwelling units. The changes include lowering the age requirement from 60 years of age or older to 55 years of age or older and deleting the condition that requires an independently accessible garage space to an existing senior accessory dwelling unit. An accessible parking space is required in addition to the required parking for the single family residence per the Zoning Code, but it is not required to be enclosed. Minor Use Permit UP2014-041 would supersede Use Permit No. 3331 which was approved by the Planning Commisison in 1989. If approved, a new convenant will be recorded declaring the restrictions of the property, in compliance with the Zoning Code (Attachment No. PC 5). The associated remodel and alterations include converting part of the garage (the existing fourth parking space) into an exterior patio, beach bathroom and trash area. The required parking space for the senior accessory unit would be provided on the northerly side of the property. The square footage of the senior accessory unit would remain at 634 square feet. The existing 7,640-square-foot residence requires a 3-car garage which is provided by the existing garage. Background In 1989, the Planning Commission approved Use Permit No. 3331 for a senior accessory dwelling unit (Attachment No. PC 2). The Commission included condition of Approval No. 2 requiring the unit to be occupied by one or two persons 60 years of age or older to be compliant with the Government Code and the Zoning Code at that time. The Commission also included Condition of Approval No. 6 requiring an independently accessible garage space. There is no discussion in the minutes as to why this condition was included. The Zoning Code at the time did not require a garage space so, the reason could have been that the 4-car garage already existed at the time so it was concluded that the parking space would be provided in the garage. The existing dwelling received discretionary approvals to exceed the maximum height limit, encroach into the required 5-foot front yard setback on the water side and encroach into the 4-foot northwesterly side yard setback. Variance No. 1042 approved the structure to exceed the height limit, Modification Permit No. 0593 approved the 5 2727 Shell Street Senior Dwelling Amendment Planning Commission, January 22, 2015 Page 4 encroachment into the front yard setback along the water, and Use Permit No. 746 approved the encroachment into the northwesterly side yard setback. (Attachment No. PC 3). Since the unit was established it has complied with Zoning Code Section 20.48.200 and Condition No. 2 which require annual reporting to the Planning Division the names and birthdates of any and all occupants of the unit to verify the occupants meet the age restriction. DISCUSSION Analysis General Plan The Land Use Element of the General Plan designates the site RS-D (Single-Unit Residential). The RS-D land use category applies to a range of detached single-family residential dwelling units on a single legal lot. The existing single-family residence and senior accessory dwelling unit is consistent with this land use category as General Plan Policy LU6.2.4 recognizes that certain provisions of State law supersede local land use regulations, including the ability to add senior accessory dwelling units in single-family residential areas. Local Coastal Plan This property is designated a Coastal Land Use of Single Unit Residential Detached RSD-C 10.0 — 19.9 DU/AC. The use of the property including the senior accessory dwelling unit remains compliant with this designation. Use Permit No. 3331 was reviewed and approved by the Coastal Commission. Zoning Code The site is located in the R-1 (Single-Unit Residential) Zoning District. The R-1 zoning district is intended to provide for areas appropriate for a range of detached single-family residential dwelling units; each located on a single legal lot. The existing single-family residence and senior accessory dwelling unit are consistent with this zoning district. Per Zoning Code Section 20.48.200 (Senior Accessory Dwelling Units), "Nothing shall affect the creation of granny units under Government Code Section 65852.1 that are in compliance with the Municipal Code." Senior accessory dwelling units are allowed subject to the approval of a minor use permit in the R-1 zoning district. Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the Planning Commission must make the following findings in order to approve a conditional use permit: 1. The use is consistent with the General Plan and any applicable Specific Plan; 2727 Shell Street Senior Dwelling Amendment Planning Commission, January 22, 2015 Page 5 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Staff believes sufficient facts exist in support of each finding. The existing single-family residence is consistent with this land use category. General Plan Policy LU6.2.4, the Zoning Code, and state law allow granny units in single-family residential areas. Per the Zoning Code they are subject to the approval of a Minor Use Permit. The senior accessory dwelling unit complies with the development standards per Section 20.48.200 (Senior Accessory Dwelling Units) of the Zoning Code with regard to height, setback requirements, minimum lot size, floor area, owner occupancy, and occupant age. The existing residence and senior accessory dwelling unit provides the Code required parking. The existing residence requires a 3-car garage which is provided by the existing garage. The required parking space for the senior accessory unit would be relocated from the garage to the northerly side yard and would be screened with a decorative automatic gate. The senior accessory unit is a residential use within the residential area and has not proven detrimental to the neighborhood as adequate parking is provided on-site. A condition of approval has been included in the resolution that requires annual reporting of the occupant(s) of the senior accessory dwelling unit. Alternatives 1. The Planning Commission may suggest specific project modifications or changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application request (Attachment No. PC 6). In this case, Use Permit No. UP3331 would remain in effect. 2727 Shell Street Senior Dwelling Amendment Planning Commission, January 22, 2015 Page 6 Environmental Review The project is categorically exempt under Section 15301 Class 1 (Existing Facilities) and under Section 15303 Class 3 (New Construction or Conversion of Small Structures), of the State CEQA (California Environmental Quality Act) Guidelines. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use, and includes additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less. The proposed project involves a minor remodel to an existing single-family property and senior accessory dwelling unit. The Class 3 exemption includes the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure and more specifically a second dwelling unit in a residential zone. Therefore, the project qualifies for a Class 1 and Class 3 categorical exemption. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners 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 meeting, 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. Prepared by: Submitted by: rn-;,Iw Br n a WisnesI6, ICP, Deputy Director Melinda Whelan Assistant Planner ATTACHMENTS PC 1 Draft Resolution for Approval PC 2 Draft Resolution for Denial PC 3 Use Permit No. 3331 PC 4 Variance No. 1042, Use Permit No. 0746 and Modification Permit No. 0593 PC 5 Draft Covenant and Agreement PC 6 Project plans Q Attachment No. PC 1 Draft Resolution for Approval 9 V� QP �P 20 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2014-041 AND SUPERSEEDING USE PERMIT NO. 3331 FOR A SENIOR ACCESSORY DWELLING UNIT LOCATED AT 2727 SHELL STREET (PA2014-192) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Michael Mugel, with respect to property located at 2727 Shell Street, and legally described as Lot 3 Block C33 and Lots 4, 10 & 11 Block C33 Tract 186 in Corona Del Mar & 11 TR 186 requesting approval of a Minor Use Permit. 2. The applicant proposes to modify the conditions of approval established by Use Permit No. 3331 to reflect updated Zoning Code requirements for senior accessory dwelling units. The changes include lowering the age requirement from 60 years of age or older to 55 years of age or older and deleting the condition that requires an independently accessible garage space for an existing senior accessory dwelling unit. 3. The subject property is located within the Single-Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single-Unit Residential Detached (RS-D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached RSD-C 10.0 — 19.9 DU/AC. 5. A public hearing was held on January 22, 2015 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures). 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Class 1 exemption also includes additions to existing structures provided 11 Planning Commission Resolution No. Ott Page 2 of 8 that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less. The proposed project involves a minor remodel to an existing single-family residence and senior accessory dwelling unit. Therefore, the project qualifies for a Class 1 categorical exemption. 3. The Class 3 exemption includes the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure and more specifically a second dwelling unit in a residential zone. Therefore, the project qualifies for a Class 3 categorical exemption. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.17 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the site RS-D (Single-Unit Residential). The RS-D land use category applies to a range of detached single- family residential dwelling units on a single legal lot. The existing single-family residence is consistent with this land use category. 2. General Plan Policy LU6.2.4 recognizes that certain provisions of State law supersede local land use regulations, including the ability to add granny units in single-family residential areas. 3. The subject property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding: 1. The site is located in the R-1 (Single-Unit Residential) Zoning District. The R-1 zoning district is intended to provide for areas appropriate for a range of detached single-family residential dwelling units; each located on a single legal lot. The existing single-family residence and proposed accessory senior dwelling unit are consistent with this zoning district. Per Zoning Code Section 20.48.200 (Senior Accessory Dwelling Units), "Nothing shall affect the creation of granny units under Government Code Section 65852.1 that are in compliance with the Municipal 07-22-2014 12 Planning Commission Resolution No. #### Page 3 of 8 Code." Senior accessory dwelling units are allowed subject to the approval of a minor use permit in the R-1 zoning district. 2. The principal structure received discretionary approvals to exceed the maximum height limit, encroach into the required 5-foot front yard setback on the water and encroach into the 4-foot side yard setback. Variance No. 1042 approved the structure to exceed the height limit, Modification Permit No. 0593 approved the encroachment into the front yard setback along the water, and Use Permit No. 746 approved the encroachment into the side yard setback. 3. The existing residence and senior accessory dwelling unit will provide Code required parking. The existing 7,640-square-foot residence requires a 3-car garage which is provided by the existing garage. An independently accessible parking space within the northerly side yard area outside of the front yard setback along Shell Street complies with the Code requirement for parking for the senior accessory unit. This parking space will be screened with a decorative automatic gate. 4. The senior accessory dwelling unit complies with the development standards per Section 20.48.200 (Senior Accessory Dwelling Units) of the Zoning Code with regard to height, setback requirements, minimum lot size, floor area, owner occupancy of the primary unit, and occupant age. 5. This approval has been conditioned to require the verification of occupancy for persons 55 years of age and the recordation of a deed restriction for the subject property. This is a senior accessory dwelling unit located in an existing residential neighborhood. Senior accessory dwelling unit standards were created to help ensure that the additional unit is compatible with the land uses in the neighborhood. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding: 1 . The existing senior accessory dwelling unit was constructed with building permits in 1989. The project, as conditioned, will comply with all applicable single-family development regulations in the Zoning Code and specified in Chapter 20.48.200 for granny units. 2. The existing senior accessory dwelling unit established in 1989 above the detached garage adjacent Shell Street has proven operationally to be compatible with the surrounding residential uses. 07-22-2014 13 Planning Commission Resolution No. #### Page 4of8 Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Facts in Support of Finding: 1. The project site is located within an existing single-family residential neighborhood. The design, size, location, and operating characteristics of the existing senior accessory dwelling unit are compatible with the surrounding neighborhood. Access to the unit is achieved through exterior stairs that are relocated to the interior of the property between the principal structure and the detached garage, which will minimize the visual impacts and use characteristics of the additional dwelling unit on the surrounding neighborhood. 2. The lot is adequate in size to accommodate the proposed granny unit and the parking required for the principal dwelling unit and the senior accessory dwelling unit. 3. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. 4. The proposed renovation will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger,jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1 . The project has been reviewed and the amended use permit includes updated conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. Also, the goal of providing senior housing opportunities will be obtained, while minimizing negative impacts associated with the project. 2. The existing residence and senior accessory dwelling unit are compatible with the land uses permitted within the surrounding residential neighborhood. The proposed use is residential in character and the senior accessory dwelling unit is restricted to 07-22-2014 Planning Commission Resolution No. #### Page 5 of 8 one or two adult occupants who are 55 years of age or older as regulated by the Zoning Code. 3. Approval of Minor Use Permit No. UP2014-041, as conditioned and under the circumstances of the case, will not be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2014-041 subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Planning Commission Use Permit No. 3331 , which upon vesting of the rights authorized by this Use Permit No. UP2014-041 shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 22nd DAY OF JANUARY, 2015. AYES: NOES: ABSTAIN: ABSENT: BY: Larry Tucker, Chairman BY: Jay Myers, Secretary 07-22-2014 15 Planning Commission Resolution No. Ott Page 6 of 8 EXHIBIT "A" Conditions of Approval 1. The proposed development shall be in substantial conformance with the approved plot plan, floor plan and elevations. 2. The granny unit shall provide a minimum of 600 square feet of floor area and a maximum of 640 square feet as measured from within the surrounding perimeter walls of the unit. 3. At least one person having an ownership interest in the property shall continuously occupy the primary residence or senior accessory dwelling unit. 4. The senior accessory dwelling unit shall be limited to the use as a residence by one or two persons at least 55 years in age. 5. Prior to the issuance of a final building permit for the remodel of the garage including the addition of the exterior parking space, the property owner shall record a deed restriction with the County Recorder's Office. The form and content of which shall be satisfactory to the City Attorney and that states that under no circumstances shall the senior accessory dwelling unit be rented to or otherwise occupied by any person or persons less than 55 years of age. Said document shall also contain all conditions of approval imposed by this use permit. This deed restriction shall remain in effect so long as the senior accessory dwelling unit exists on the property. 6. Prior to the final inspection of building permits of the remodel of the garage including the addition of the exterior parking space by a City Building Inspector, the property owner shall submit to the Community Development Director the names and birth dates of any and all occupants of the senior accessory dwelling unit pursuant to this chapter to verify occupancy by a person or persons of at least 55 years in age. Thereafter, verification will be on an annual basis. Upon any change of tenants, the property owner shall notify the City immediately. This information shall be submitted in writing and contain a statement signed by the property owner certifying under penalty of perjury that all of the information is true and correct. 7. On an annual basis the property owner shall submit to the Planning Division and the Code Enforcement Division the names and birth dates of any and all occupants of the senior accessory dwelling unit certifying under penalty of perjury that all of the information is true and correct. 8. In the event that the property owner desires to terminate the use of the granny unit and remove the deed restriction, building permits shall be obtained that restore the property to a single dwelling unit. Upon completion of inspection by the Building Official, the Director shall request the deed restriction to be removed from the property by the County Recorder. 07-22-2014 10 Planning Commission Resolution No. Ott Page 7 of 8 9. In addition to the parking required for the primary residence, there shall be at least one independently accessible parking space for the senior accessory dwelling unit. This additional parking space shall be kept free, clear, and accessible for the parking of a vehicle at all times and shall be made available for the exclusive use of the occupant(s) of the senior accessory dwelling unit. 10.AII improvements shall be constructed as required by Ordinance and the Public Works Department. 11.The gate opening for the exterior parking space shall be a minimum of 9 feet clear and the opening shall align with the bollards that are adjacent to the gas meter. 12.An encroachment agreement is required for the existing decorative driveway approach. 13. Installation of a new sewer clean-out on the existing sewer lateral is required per City Standard STD-406-L. 14.Prior to issuance of final building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Minor Use 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 Minor Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 15.The Community Development Director or the Planning Commission may add to or modify the conditions of approval for this use permit, or revoke this permit upon a determination that the operation (which is the subject of this approval) causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16.This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. 17.To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless the 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 the City's approval of the 2727 Shell Street Senior Dwelling Amendment including, but not limited to, the Minor Use Permit No. UP2014-041(PA2014- 192). 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, the 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. 07-22-2014 27 Planning Commission Resolution No. #### Page 8 of 8 The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. W%h<, 07-22-2014 Zg Attachment No. PC 2 Draft Resolution for Denial 19 V� QP �P �o RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING USE PERMIT NO. UP2014-041 FOR AN AMENDMENT TO AN EXISTING USE PERMIT FOR A SENIOR ACCESSORY DWELLING UNIT LOCATED AT 2727 SHELL STREET (PA2014-192) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Michael Mugel, with respect to property located at 2727 Shell Street, and legally described as Parcel 1 of Resubdivision 0452 in Block C33 requesting approval of a Use Permit. 2. The applicant proposes to amend existing Use Permit No. 3331 to reflect updated Zoning Code requirements for senior accessory dwelling units. The changes include lowering the age requirement from 60 years of age or older to 55 years of age or older and deleting the condition that requires an independently accessible garage space for an existing senior accessory dwelling unit. 3. The subject property is located within the Single-Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single-Unit Residential Detached (RS-D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached RSD-C 10.0 — 19.9 DU/AC. 5. A public hearing was held on January 22, 2015 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 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. The Planning Commission may approve a conditional use permit only after making each of the required findings set forth in Section 20.52.020 (Conditional Use Permits and Minor Use Permits). In this case, the Planning Commission was unable to make the required findings. 21 Planning Commission Resolution No. #### Page 2 of 4 SECTION 4. DECISION. Now, therefore, BE IT RESOLVED: 1 . The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2014-041. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 22"d DAY OF JANUARY, 2015. AYES: NOES: ABSTAIN: ABSENT: BY: Larry Tucker, Chairman BY: Jay Myers, Secretary 07-22-2014 22 Planning Commission Resolution No. #### Page 3 of 4 EXHIBIT "A" Conditions of Approval 1. The proposed development shall be in substantial conformance with the approved plot plan, floor plan and elevations. 2. The granny unit shall provide a minimum of 600 square feet of floor area and a maximum of 640 square feet as measured from within the surrounding perimeter walls of the unit. 3. At least one person having an ownership interest in the property shall continuously occupy the primary residence or senior accessory dwelling unit. 4. The senior accessory dwelling unit shall be limited to the use as a residence by one or two persons at least 55 years in age. 5. Prior to the issuance of a final building and/or grading permit for the remodel of the garage including the addition of the exterior parking space, the property owner shall record a deed restriction with the County Recorder's Office. The form and content of which shall be satisfactory to the City Attorney and that states that under no circumstances shall the senior accessory dwelling unit be rented to or otherwise occupied by any person or persons less than 55 years of age. Said document shall also contain all conditions of approval imposed by this use permit. This deed restriction shall remain in effect so long as the senior accessory dwelling unit exists on the property. 6. Prior to the final inspection of building permits of the remodel of the garage including the addition of the exterior parking space by a City Building Inspector, the property owner shall submit to the Community Development Director the names and birth dates of any and all occupants of the senior accessory dwelling unit pursuant to this chapter to verify occupancy by a person or persons of at least 55 years in age. Thereafter, verification will be on an annual basis. Upon any change of tenants, the property owner shall notify the City immediately. This information shall be submitted in writing and contain a statement signed by the property owner certifying under penalty of perjury that all of the information is true and correct. 7. On an annual basis the property owner shall submit to the Planning Division and the Code Enforcement Division the names and birth dates of any and all occupants of the senior accessory dwelling unit certifying under penalty of perjury that all of the information is true and correct. 8. In the event that the property owner desires to terminate the use of the granny unit and remove the deed restriction, building permits shall be obtained that restore the property to a single dwelling unit. Upon completion of inspection by the Building Official, the Director shall cause the deed restriction to be removed from the property by the County Recorder. 9. In addition to the parking required for the primary residence, there shall be at least one independently accessible parking space for the senior accessory dwelling unit. This 07-22-2014 23 Planning Commission Resolution No. #### Page 4 of 4 additional parking space shall be kept free, clear, and accessible for the parking of a vehicle at all times and shall be made available for the exclusive use of the occupant(s) of the senior accessory dwelling unit. 10.AII improvements shall be constructed as required by Ordinance and the Public Works Department. 11.The gate opening for the exterior parking space shall be a minimum of 9 feet clear and the opening shall align with the bollards that are adjacent to the gas meter. 12.An encroachment agreement is required for the existing decorative driveway approach. 13. Installation of a new sewer clean-out on the existing sewer lateral is required per City Standard STD-406-L. 14.Prior to issuance of final building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Minor Use 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 Minor Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 15.The Community Development Director or the Planning Commission may add to or modify the conditions of approval for this use permit, or revoke this permit upon a determination that the operation (which is the subject of this approval) causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16.This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. 17.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 2727 Shell Street Senior Dwelling Amendment including, but not limited to, the Minor Use Permit No. UP2014-041(PA2014-192). 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. 07-22-2014 24 Attachment No. PC 3 Use Permit No. 3331 25 V� QP �P r COMMISSIONERS i MINUTES a�G �F'pN�^yp y v February 9, 1989 . 'Py?1o�py c�"�a�,yo CITY OF NEWPORT BEACH ROLL CALL INDEX That no live entertainment or dancing shall be permitted unless an amendment to this use permit is roved by the Planning Commission. 14. That stal Commission approval shall be obtained. 15. That the P ping Commission may add to or modify conditions o pproval to this use permit, or recommend to the City Council the revocation of this use permit u n a determination that the operation which is th subject of this amendment causes injury, or is de imental to the health, safety, peace, morals, comf t, or general welfare of the community. 16. That this use permit shall expire u ss 'exercised within 24 months from the date of proval as specified in Section 20.80.090 A of th Newport Beach Municipal Code. I Use Permit No. 3331 (Public Nearine) item No.3 Request to permit the construction of a second dwelling ❑P333I unit (Granny Unit) on property located in the R-1 District. Said proposal is in accordance with Section Approved 65852.1. of the California Government Code that permits a second dwelling unit if said residence is intended for one or two persons who are 60 years of age or over. LOCATION: Parcel 1 of Parcel Map 65-6 (Resubdivision No. 452) located at 2727 Shell Street, on the southwesterly side of Shell Street, between Fernleaf Avenue and Way Lane, in China Cove. ZONE: R-1 APPLICANT: Fred Thomson, Corona del Mar OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Tom Thomson, appeared before the Planning Commission on behalf of the applicant, Mr. Thomson stated that he concurred with the findings and conditions in Exhibit "A". -9- I L �� COMMISSIONERS , MINUTES. aim Fq�,D m mm February 9, 1989 �ygo�y �`amo CITY OF NEWPORT BEACH ROLL CALL INDEX In response to concerns that have been expressed by - adjacent residents, Commissioner Persdn emphasized that ' in accordance with the Granny Unit Ordinance, the occupant of the Granny Unit must be 60 years of age or older, and that on an annual basis the City shall review the dwelling unit to be certain that the conditions, are being followed as stated in Condition No. 4. In response to a question posed by Commissioner Edwards, ' James Newicker, Planning Director, explained that the approval of a variance to exceed the permitted height limit was required because of the topography of the property when two dwellings were converted into ; one large dwelling unit on the site. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. All Ayes 3331, subject to the findings and conditions in Exhibit "A" . MOTION CARRIED. Findings: 1. That the proposed use is consistent with the Lan Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have a significan environmental impact. 3. That the design of the development or the propose improvements will not conflict with any easement acquired by the public at large for access throug or use of property within the proposed development. 4. The approval of Use Permit No. 3331 will not, unde . the circumstances of this case, be detrimental t the health, safety, peace, morals, comfort an general welfare of persons residing and working i the neighborhood or be detrimental or injurious t property and improvements in the neighborhood o the general welfare of the City. Conditions: 1. That the proposed development shall be i substantial conformance with the approved plo plan, floor plans and elevations.. I -10- I i COMMISSIONERS • MINUTES �oq�q�cdo,o� v February 9, 1989 92�0�y?��6 0 CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That the second dwelling unit shall be for rental purposes only and shall be limited to the use of one or two persons 60 years of age or older. j 3. That the applicant shall record a covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and. successors in interest in perpetuity 'so as to limit the occupancy of the second dwelling unit to one or two adults 60 years of age or over, and committing the permittee and successors to comply with current ordinances j regarding Granny Units. Said covenant shall also contain all conditions of approval imposed by the Planning Commission or the City Council. 4. Commencing with the final inspection of the Granny j Unit by a City Building Inspector and on an annual basis every year thereafter, the property owner shall submit to the Planning Director the names an birth dates of any and all occupants of the Granny Unit constructed pursuant to this approval to verify occupancy by a person or persons 60 years of age or older. Upon any change of tenants, the property shall notify the City immediately, This information shall be submitted in writing an contain a statement signed by the property owner certifying under penalty of perjury that all o the information is true and correct. . 5. That the primary residence shall be occupied by the legal owner of the property. 6. That one independently accessible garage spat shaLl be provided for the Granny Unit at all times. 7 . That the applicant shall obtain Coastal Commissio approval of this application prior to the issuance of building permits. 8. That this Use Permit shall expire unless exercise within 24 months from the date of approval a specified in Section 20.80.090A of the Newport Beach Municipal Code. i -11- i 2J° V� QP �P 30 Attachment No. PC 4 Variance No. 1042, Use Permit No. 0746 and Modification Permit No. 0593 31 V� QP �P CQMMISSIONEit5 MINUTES ROIL CALL m i June 6, 1974 INDEX between 50th Street and 51st Street in West Newport. Zo R-2 I — Applicant: r. & Mrs . John Geary, Los Angeles jOwner: Same as icant j ! iAppellant: Same as Applicant f Motion x • I { At the request of the applicant, Planning Co ' sin All Ayes , ! ( continued this matter to the meeting of June 20, 1974. i Item q4 . I t a permit to Request i P portion of a remodeled single VARIANCE family dwelling to exceed the basic height limit 0. D42 within the 24/28 Foot Height Limitation District. IAPPROVED Location: Lots 3, 4, 10, and 11 , Block C-33 CONOI- of Corona del Mar, located at 2727 TI N LLY 1 Shell Street, on the southwesterly ! side of Shell Street between Fernleaf Avenue and Goldenrod Avenue in Corona del Mar. I r Zone: R-1 ' SII ' I Applicant: Gordon Harvin Glass AIA, l i Newport Beach I Owner: Fred S. Thomson and Ina J. Thomson, Corona del Mar I Public hearing was opened in connection with this � I matter. Gordon Glass , Architect, appeared before the f I Planning Commission to answer questions regarding ' I the request and stated that tha staff report covered I the matter thoroughly with one correction and that I I I was that the height of the structure would be 31k f feet rather than 33 feet. I Community Development Director Hogan read a letter f dated June 6 1974, received from Edker and Blanch Pope, requesting that the height be limited so as I not to exceed the present overall height of the fi ! existing structure. I . Page 5. 33 7`7 IIQ4JEit �� �' ms£ m io mrZn=c MINUTES ROLL CALL June 6, 1914 INpEX . S'�` \ Gary Thomson , Son of the owners , appeared before '_ the Planning Commission to review the plot plan -� and comment on the alterations being requested. Dede Masters, resident of China Cove, appeared before the Planning Commission in favor of the request. Gordon Glass, Architect, appeared before the Plan- I ning Commission and presented photographs for revie indicating the height of the Thomson house, the Pope house and the Chinese house. He commented on r the Pope' s letter, clarified the reason for the variance, advised that the roof line of the (i Thomson house would be 5 feet lower than that of the houses on either side and that the only loss i of view by the Pope's would be the bottom 3 feet Ifrom the rear high wing across the Thomson property. There being no others desiring to appear and be heard, the public hearing was closed. Motion X It was the finding of the Planning Commission that ;. All Ayes special circumstances applied to the property as stated on Page 2 of the staff report and therefore Variance No. 1042 was approved subject to the following conditions: 1 . That development shall be in substantial i conformance with the approved plot plan and sections . 2 . That all conditions of Resubdivision No. 452 be fulfilled. Item H5 IJ 11 Request to create one parcel of land for develop- RS11R- ment. DIVISION `:;; NO. 226 L on: Parcel i of Parcel Map 34-30 AMENDED (Resubdivision No. 2yj) and a portion of Block 93 of Irvine ' s APPROVED:.:',:,, uhdivision, located at 400 Newport CONDI- sM Ce Drive East, on the north- 7IONALLY `. easter corner of Newport Center Drive East d San Miguel Drive in Newport Center. Zone : C-O-H Applicant: Simpson-Steppat, Newport Reach �q Page 6. ii..,n S4 IF APPROVED, NOT EFFECTIVE UNTIL 15 DAYS AFTER DATE USE PERMIT APPLICATION N0. 7Y OF APPROVAL Ord. No. 635 CITY OF NEWPORT BEACH DATE INSTRUCTIONS: (Read Carefully.) The applicant or his legal representative must be present at all public hearings. Fill out this application completely. It must be accompanied by four copies of a plot plan to scale, and with correct dimensions, showing in detail all boundaries, existing buildings, proposed alterations and additions. The applicant must sign conditions of Use Permit, if any, within thirty days after approval. Applica- tionshall be revoked if not used within eighteen months from date of approval. i. ti Applicant Address Involved 2. LOT 2-/C-//BLOCK_C -_33 SECTION TRACT�ZONE A. 3. DATE OF NEARING_ _IMA/' /S- TIME_ .� -PRf. 4. Application is hereby made for a Use Permit from Section 9/n•5" 7 Co l to permit: P There are sheets attached to and made a part of this application. I hereby certify that the foregoing statements, maps, drawings, plans and specifications attached hereto are true and correct. If approved this Use Permit will not adversely affect persons residing or working in the neighborhood. I further consent to any permit issued in relia celthereon being null and void in the event they are not true and correct. FI s' ,l �.-�.i��� ' I?u"� u Sign6'ure o O•ner or ApplicantHome Address Phone = xz�ammocxxxxxxxxxxxxxxxxxxxxxxxxxx�mmm000cxxxxx ❑c�moncc xxxxxxxxx FOR DEPARTMENTAL USE ONLY PLANNING COMMISSION ACTION r In accord with Section a Use Permit is hereby the above applicant subject to requirements of all governmental agencies having jurisdiction and subject to the following: _ The undersigned hereby agrees to all the above conditions. Signature of Grantee xx:aacHIoa000crmcotxx xx�momoonocra:ccxx�onmot`ocxs - FINDINGS OF PLANNING COMMISSION• Upon a review of the evidence on file and testimony pre- sented at the meeting the Commission found and determined that under the circumstances of the particular case, the granting of this - �, �e.mit would not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the _ neighborhood and recd=ended approval. _ RXIMM DENIED- APPRO%rED- By City Planning Commission APPROVED- By the City Council on the on the 18 day of May 19 61. day of 19 Ray Y. Copelin, Wcretary Margery Schrouder, City Clerk Newport Beach City Planning Commission Newport Beach, California r ��eaw+dt 14� S, commissio ERS ITY OF NEWPORT B CH fti 17 ,,, N m .a ..{F, MINUTES ROLL CALL Fe;rua ry 1 1973 INDEX zone: a I'l�ILn_ta- Mr. and Mrs. Hugh W. Stewart, Corona :.4-1 Mar Gwners : Mr . and Mrs ,, Martin Winkler, Los Angeles 4ugh Stewart, applicant, appeared before the plj,,n,. III ' ng Commission na in COnlitetion with this matter and entadmap indicating possible �jccrss from I Fern, af', Avenue. Al 'RAY Copt, in_ o r., ap'p ' ared on and-fresooted ,baCkgroun#Is tory 1'h' V'4 wit piece �of propety, 1 Following lowing discu ion, running Commission determin d that there Are sp Ial circumstances and conditiqn -affecting..the pr.op.ol , that an exception Is neves eery forr--Oe pre jay en ment of a sub ia .property h.t f 'the appVv'dOnt, and;"that Venting the exc; n w t d trimental to no )e u S to 6t h e III property the public wel ., I nj L�$ 16 the vicinity P 11 ch the operty is located; r Ore. an ex n a Sec on 19. 20.110 of the Newport Beach u 4 Notion V theref 10 t ��Code icipal Code i�as granted and wl. Ayes X X X Resubdivision Application No 379 %V approved Noes X subJect to the following con�itions . Absent X X 1 . That a parcel map be f1led,, 2. That separate water and sewer services , satisfactory to the public Wovq<s Departmei be Provided to each parcel , 3. That vehicular access to each parcel be taken from Way 1-ane, or as Otherwise approved by the staff in accordance with good traffic practices , B 6 Request to permit a ze(O front yard setback for a IMODIF1 . single, family dwelling in the R-1 District where CA. t setback. the Districting Map indicates a 5 -Foot Froyl yar d Mi . D�-,9-3 MUCCI ocation! Lots 3, 7, and 10, Blo GRANT ck C-33, Corona del Mar, located at 2727 Shell Street, on the South side of p CO:uMdssdOndEasI` � ; Y OF NEWPORT B XH �WiN,r" x",�n' PA , MINUTES POR C,aaL , r� ` 1 � Febr;aary 15, 1973 _ i I Shell Street. between FernleaF and i ! Goluenrod Avenues in Conine, dei M&.r•, Zone: tt•-'1 r I ; C 8P >0,11ant.: Fred S, Thomson, Corona del P i l'oblic hearing wLis opened in connection with kzis f ` ! matter, and Assistant CGmmunity Dcvelopment Dir .>Ctoy { i i Hearioker reviewed the staff report and maps in i i t detail with the Planning Commission. Mile "als , Attorney and brother of Mfrs , Thoms<an , 711 1 I i i appearedbefore the Planning Commission on behalf { of the Thomsons. He presented pictures r•f the i { situation for revive by the planning Gomm7ssin,tt; a ! { and regues4ed that the Thomsons be given the same f consideration as was given the popes in order to i 1 I preserve some of the view being lost by reason oi° { ; ` construction of the pope residence, I The following persons appeared beFore the P1t�na7itisl {! i Commission in Gave+r of granting the appeal and i allowing the Thomsons a zero front yard sestbtckx ! )f ( Leroy Fay, 2718 Shell , Corona del Mar:, and Howard Russell , 2741 Ocean 91vd4 , Corona dei Mar. ! lhere being no others desiring to appear and be i heard, the public hearing was thio ;ed, 1I44 { ii motion 1q I Following a lengthy distossion, 1'la;r,rsing a aramisslo Y { ! � �# iRl �! Overruled t4ir decision of the Modifications t„arnmir - c Noes l,,� � � by 4u:tttining the Wealsand llrant�i�o�r tern r�iorl9T'�dca, Absent t ! : Xj tion without nary condi 1:1ons . ! i = s By way OF cnmrannt on the above )Ctlon, comipi !;sioner� ii Berkley offered the foilowing : 1 . Two wronris do et) , ttilKe a right r :. A zero setback would he more dotriment;aal to I t i i the Popes , I k i ! 3 . If gossible., aro 'Ma .IndMcnt lac made to invoke f ! I a restraint on both the Thomsons and the Popes i in order that the lower docks of bods! 1wopartij; k i woufci remain as Page 11 K Y dz•� _.... .s.S.._z.�'*awr3.'�'�'==_�m --`ifr._. �+s. ��_<.�.sl?-�*f_-.v:.s.;,t:..-",k kiv�-•. .�*.�«s cl.�.`�'r*va�•- z*' ,.�.:,s,r�.rf£iz ': +,v .I..: �r'�z} 3� V� QP �P 3g Attachment No. PC 5 Draft Covenant and Agreement 39 V� QP �P �o RECORDING REQUESTED BY AND WHEN RECORDED PLEASE RETURN TO: CITY OF NEWPORT BEACH Planning Division 100 Civic Center Drive Newport Beach, CA 92660 THIS SPACE FOR RECORDER'S USE ONLY DECLARA ION OF RESTRICTIONS ON OCCUPANCY THIS DECLARATION OF RESTRICTIONS ON OCCUPANCY ("Declaration") is made pursuant to the January 22, 2015, approval of Minor Use Permit No. UP2014-041, by Mr. Michael Mugel. A. Declarants are the fee title owners of the property at 2727 Shell Street (hereafter the "Property"). B. Declarants have been issued a Minor Use Permit to construct a accessory dwelling (granny) unit, as defined and authorized by Section 20.48.200 of the City of Newport Beach Zoning Code, on the Property, which would otherwise be restricted under the Zoning Code to being improved with a single dwelling. C. The purpose of this Declaration is to set forth as restrictions on the Property, and as covenants running with the land, those conditions which relate to the benefit received by use of the two dwelling units on the Property. NOW, THEREFORE, based on the foregoing, Declarants declares as follows: 1. The granny unit on the Property shall not be sold separately from the main dwelling unit on the Property, and the parcel upon which the unit is located shall not be subdivided in any manner which would authorize such sale or ownership. 2. The granny unit is an accessory use to the main dwelling unit. 3. The granny unit shall be a legal unit, and may be used as habitable space, only so long as unit is occupied by one or two persons at least 55 years of age. 4. At least one person having an ownership interest in the property shall continuously occupy the primary residence or granny Unit. 5. The granny unit is limited to a maximum of 634 square feet in size and requires one additional parking space beyond the three required for single-family use. 6. The open parking space as indicated on the approved plan of Minor Use Permit No. UP2014-041 shall be made available for the exclusive use of the occupant(s) of the granny unit and shall remain clear of any obstructions and available for the parking of a vehicle at all times. -1- 41 7. The independently accessible parking space provided for the granny unit shall be provided as shown on the approved plans. 8. Prior to the final inspection of building permits of the remodel of the garage including the addition of the exterior parking space by a City Building Inspector, the property owner shall submit to the Planning Director the names and birth dates of any and all occupants of the granny unit constructed pursuant to this chapter to verify occupancy by a person or persons of at least 55 years in age. Thereafter, verification will be on an annual basis. Upon any change of tenants, the property owner shall notify the City immediately. This information shall be submitted in writing and contain a statement signed by the property owner certifying under penalty of perjury that all of the information is true and correct. 9. These restrictions shall run with the land and are binding upon the heirs, assigns, and successors in interest of Declarant(s) to the Property, and shall be enforceable, at its option, by the City. It shall be the responsibility of the property owner to insure that the property is occupied and maintained in accordance with Minor Use Permit No. UP2014-041 and this Declaration. 10. The foregoing restrictions may not be terminated or amended without the prior written consent of the Community Development Director of the City of Newport Beach. In the event that the property owner desires to terminate the use of the granny unit and remove the deed restriction, building permits shall be obtained that restore the property to a single dwelling unit. Upon completion of inspection by the Building Official, the Director shall cause the deed restriction to be removed from the property by the County Recorder. IN WITNESS WHEREOF, this Declaration has been executed by the owner of the property as of January 22, 2015. "DECLARANT(S)" Signature Print or Type Name Signature Print or Type Name APPROVED FOR RECORDING: Kimberly Brandt, AICP COMMUNITY DEVELOPMENT DIRECTOR City of Newport Beach By: ATTEST: CITY CLERK, City of Newport Beach F:\USERS\PLN\Shared\Forms\Old Forms\Forms\COV-Granny.DOC Rev:8-04-08 -2- 42 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On 200, before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Place Notary Seal Above) Signature of Notary Public -4- -4.3 V� QP �P Attachment No. PC 6 Project plans 45 V� QP �P PA2014-192 AttachmIIIII ent, C ; ct Plans CHINA COVE REMODEL 2727 SHELL STREET CORONA DEL MAR, CALIFORNIA 92625 SHEET INDEX SH& 0 DEECRIPTON Z 0 m Aon cGrLASxEG v� my PwroseN n.PmN.vq PLw � .��Gj AGE pEAtwlOx xg51SLDOR MX •'R: AI9 RAOJxON SECOIN hCRILN A9➢ PAOSOSM C.SiWENIPUN W �roiEo xRl vLGw n.5x O nu ro1En SrcoNo noae PUN ^� ^u maws®wavux y rc4ioeunAnwS O 3 Aa5 ioPuwAnau vUip �g w a�rRPOPelnnlam Avn exmrnEuvAww �� u ..iueruaPnngo 1 N+ a^-1 ya I PIIMatlLE f a-.-a A .h / cwmiaca«rtrvmm <IL gei°va 1,-. mro Im+coNwrcweq V' V 9 S '�` I Iw`^-�.u,r-•• I �A91MlIM RAC Na X L I 1 Y.TS YIYpP x1NTIWOM a 1 5n / 91v R€ .i.—.•.� I IaN AN Ce �"P nA y,/•` LW � � d � t I 4 iq N. I I q w EXISTING EXISTING RESIDE >;ARAGE nO O 9 yIKNWa 1 � � �' RW1]fl FlgNPCWN! HPME MURNltY[a\� 2RAY LCCAn FN 311 NiY. ' I ro5'III+xAunlOe LlufklurtnWnlc 1 hifllta/ �N I1BY115(WC - : NONCOMYSIIK6 NbP YtlaINCMI. lI2L Mex MNA$!YM dY'NVOS r.wwcx a� ARCHITECTURAL SITE PLAN 1 ISrN as REVISpNS IL OJ.11 '� --� >•� CITY R+YISIONS _ LOCATION MAP DRAWING SYMBOLS PROJECTTEAM CODE ANALYSIS PROJECT DATA ��,�J PROJECT LOG 1 L rwrPr_,INe SNr,N..w.xlncwo E1ggtGWnFNCEI NEGRI�IA...i. oAre OescarrpN ._� ..� 3y. . RRVRNJN pE51G'AAGN vNER ARCMIEC111RAL1FAM ava^° 1cM "ofEnrvoaey. c 9n slsu slrcv Yw 11.1Ia tan f s n %R [] I.EMOIE REEER6JCE rxAfL C cq,smxnONrnE ryPf Ye r Lo - Gu'�'n vu��ma..asaxEnRmxwmN.LwE RAX.L l \Y r "4 / `� ,j�iR{}4 - DEIAIL Imee OvrR� CavaLuoRwwRCA 9249 xu enuPEws fs vic,_ Ri nm. mCCWCNdruP •�•�--- �•�.�•. ` `.: art 5i,is Ntlx3vWw[� IEGMdlloou. :': �� • s NUMm ""TUI io W nlvacseman. LGIAP¢a P1vnry,xi ncwyl �Ij l p Hx -gliGwwwPaimNAL,COxP xG nJn,WG x OAxaYENCE Wi1Gv gyp, � i BLrt➢PIG$ECipNAEFHtEN� mrnLSLxueeb.5 AI]GiNUveu vwwNeeocE �L oAmCM®MGMeie .' S"&Y saliyw,a0ovw 'alRbwnew,L.eexamcaLcmS o envE h - nxAlflM cAaGxm, 3 R830 L1e m AL4bPW.P1LCLKnLcm[ } I, ` \• ' EMERIOR ELEVA��N FEfEIiENCE xx.aosThmmPEfcuxneSGc u.9xas P�`CAVOSW Ew4cvc0oc NAw ae fApPO$®AXEAS, a aeoiv,o P4un $O E� It J \:. a m,r ouLaxuwxca nxwerolXPcvwrs y Sx@,NuaeFa LANMCAAIIQmLCT cxaxxr Mr A],9P,ORMW i f�. - A .�.,Gx,m,.RN N.N.n„nxes mR 10R ME NM ��..aNVGla�.rwexa,x Sus nxR,�P� �..,Y o al do XW.xu Nevcn,�rnawmG `. M�1EPo�xHEvniION Ri3FRENCE :9we n ms N. r�MxrrA so ms+xsR iR —._ -- \\V a a Ln N NI&pq reuvw aVEx 1 WfigRl Ny Nxi Etl CI BI MA eEngI.CX Ytli v9EL OimF PROJECT DESCRIPTION CIVIL ENGINE Sxr^PN Rm�ce S4 PEAR Y.fA50nnIX msI NCNCdJf Mx0 -.__. __- � SN�RGE�O ARfA RFfEAENCE gp °'4 1405 AIRLO fxg6LM1IGnw Ggn.auAGp WIGSMWY &WttlISE1PnIX Stl _ OHtp61RAWL X•- wtCOY.XC .ApnCIYAwSµL r[AF.rrwARy wlpA A$NOTE➢ \\ o[caA51RgIW. ' xAN IMA ®99NASIESIMIPW OxNPXG GCSrt "13M NI - IAWX IgM1P \.~ / c nne«wPuvMss �1 .1GW.N&urem xvAC[NRA<p[Im EMIM Cd .NewewaiN IG.xnGE'I CRANCI AO..ed/ e mvIOG4LL q �3 SR SI w ro P.xG Z wG GNm m� xNCG P®I PA2014-192 AttachrR �Ao. PC 6 ct Plans AEEIOExE/11.11IU SLID. oCAIE,ED AwAGB.W.1111 WEta:GNS'ARE TRILLIONS (DISEro„AG EDCDNDIIroN), A,pNEPAroATO :uEoUPrvEAL APa,ANCEE AN'""'A.AE EGERIED I CANNER AND IAE�>ER MAM,PAR,NRER BPEG,xGAIIONS EI, LL.EDMEDARAAIwALLA-B,r W@II�FINI NTAAILASCq Li.EE%,BS.NAA,,AEYAU NO E. EroERpRWwODWBIODEVw�„GALLICAE.GITAGDAO. HOOFA WISH. 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OmFP OPENWG z aITS t AD.A - °n MANQNOn U S,C) ODOR. ;', m I I^^) KIT HEN 4 � y�� il �I i r wnaNlers BENex PERLANE'lPmlenL olu, r �8_ v I ......SOWFD.,,,DR M1PER OEIALEIAO^.I U I 9PA �" ,I EE n WIAIF'RlnLL coNNIumPPER OWnER S� 4.1 .. altl �µf tf5 sie°vE�i.�rvnw MMMxx. ( I Ir w Y I E S I' y -.-.... I '(` I I' SUE.oR All O ^� ...' t .,ll �� I41 i I' uF ..-. d'�. �tllt t4 -...... ❑ QonmocDGoaanro ucn ss asn �O / s ,E. tRs ..E I ti. re C DI UTDOOR .. M �� "..� sxG screen1111 wwww/e.ee E v O MAIN iR USE LIVING I BA. It{jA a I'-” cu SADII.rnoR l Ol". R omc .. 7— ' Z ...J.v i r. 'n T , I� ... W n RcoNnrw AEErecwnlox c PE<wc.rrons 4 ( t ❑ I�= x J o11ST.1nmrowcnnow I 1 w A'a • ' A � r I ❑' - mooE rv� DREPe'—.' 1EPrn 14 ealo.ns NU I LTL wI .xo R cEm o. AwNxEAVNXER nE. R D : ILANTERAIIA (' 5, m j ,I AEumaewereaanRewnorvAR. 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NRp�e fcOMum MA RNe¢HALL xm RL"A'- e g Tm_____ — SP.cWEPLn I r N!C z rnxEn 1 i L r ." LJ cwlxuxory IR,�w,L .v _� •• O g CUI,pMRMd PBWMWEPKPGMNE LU J — +AAAA.. S❑ EAOpYEPPEppI,IARJGUAWPAUFdORAt LAGO U _. IOMPIIM ORGdNE,IM4CWN6EkCrtKA,CM. L7 a➢ O A❑ _ __.� � Irssl- raEi W li I� uwexnaaAwmwrerroNEeaeLe skverAnaAG,v TL�x'L '� mLll/ {fII!,_ __ e y� Q vxoowullRpAxamkuzEukulwnwl 0 _`y9 w �� -1 yds A,p INOdiCRr£N,IYIkN9WWIWE'1W11INGP1AlYAMI Z O IL. ! I f �' PU � vEnCpLP(1EII WINgR<ndNOI RAM195uPPOAKRE& � �+I n wveweowlR emeewnrortra LmuanEenullon,. y Er L Irr ,l � I I,I � ��i U eN.�rlN owP�xKNuleNe 2 �, i ` / I,. I � amaWrwavEafEEowI:RVEcncnuorvs. ,, I 1 , � 4{r;IPRJNYCYdtT'Md3MiFlGIKNi ♦i +: I 1 Y + u CR[iEAR[N11EC£,UEA PnV NG. I IT ___ � I i ➢ nA�,p - .'. I- 1—___. , .-, L'J WnR➢ftA+uxfwE%LMh@Ex11PNn.EA. - . _ _ ➢wpLL Vr. PROPOS ALCS Al.R« m� J KAP« ' 'l „ RCNPPEWc,G>ti 9fV 1-Ellfl-i N. IN '• vr.w..�..— —..—...�..:— :E..�...�.......>,::.—..—...� AAAA .�..—..�.. .—.. 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Q f 11 -- Y [� enowErvEeouAwe AswAR.rLw vnnev.wa �'�", DO ,SPAL / -- _= I I I sx <saol•rzuw.nwlwAmrAuwurlrzalo rwuwrva y< f, y ns „7 N ;rr11U_4QIRI ,_._. a +sa- _--�.- w cxl® g a O rBIOP9mIumrtPnxa sysrcusEEmuEreeErunaw / \ a0 mak- s a/r.rz ..— H P asrwa uANErramwrr _ � e vnn¢anwa Z ° I vd NAvq O L L IN w < O I e ao°��1i1 �jl n w rICAEEry mlEvmww/BACB I Pa a.ov U la, MAIN HOIfSE i ; % ❑ ____..— fi Ge vxluLPwnw/wRuculrve'.nu+lexswroNxPEea ENTRY - � I wnrveal r----- Y..:'" J,-,.i.�.... L_a.., � - -•' I '.—mourn I i I W Ea LEa+ExcanRA PmaoasAlo.Pn owNEn srcaiararvs '� n EImERmno9x N# I WyLE"' � ea PEEowuEeuxmall«s. „ LAWN I � �� I � �� [u� alae«/uewrvEEcertowl.vsrecmcAna•, U . 1 '_...•• '-`� '_-' I 6 I I I � [� una EI:GwNEurxrcAnoxs. __. ; -.3. '• j GARAGE n nnvm ra.. e I sd a ur I I � r vvE l _ AL 1jy Eo, re waA �. E❑ nM1E1n1N1Aau. G41f ARS - s / �- IF _� '_] I I '' nmrEAluua.c Imw gEa9diON Aav I �----- — -- p EAxINGAE}ANA,GWAI, y �-.� .� - � gCOVEREp LOGGIA � _ _ I �1� � (i_n] euEaasvAl ral Gwaa. 11 II rQ § E; ” I E u 4 s PROPOSED AREA CA LC'S �J I, IL ry H ILI iI ILII i _ 1 —_h MM MP 06 mN ailOA�N `�I I _ eEAmwIN � __ .. vAaE coMEs® M " a p 8 a - AYOM®aSTB II ___ _,�___ _______ _... __ IL PROPOSED FIR5t I FLOOR PLAN " cxe PROPOSED FIRST FLOOR PLANli'm.14 yr=i,-V, DIm, I!C$ Ir,, 1 — A2. � PA2014-192 Attachmuptollo. PC 6 - Pr ipct Plans n. nuaunxoxlnlR+elxefncea5rvo.uxa �';°:I;; ' m�'0we ewwixrs.wx^rtxowxxsiw rA.e�z®Ir+r c �p,�rAo lncnmcor+wwwloiAewiororNioa+o r r.Av. AM�n 4eNnEttIE+R➢ev owxEA e`Firin"�d"o rn A�'N"Lur�cluHwMunw.s. wr 'niron°hofd°aVOn r°,c a +o"Ep1lai�dn-F �11' r. <rmwK++owExoeevanrounrrn e9nMc.ux.o a ooeEEwxoow^memxceSeEwEnu.l �{ ©000nAa �)N1HMNiAO Z WALL LEGEND " Rxl»oNR,ArH� HIS �� Iowa rennwo 30�IS PLAN KEYNOTES p rum"m^�A;fr,wc®�;, �� RN� 2 3a I.1 wARp RAN@ u OIII000PelOMf9B R'AR W/XAbitn2 i.i o 0,11irc1eN [.] II'9IDNI7 9 omxex^ 1 AAMCµIT.IAo wAU HI.rOEEi WIenMle . 'f '�i"""+ .� 1° reNO1Ecao°wti�$�v"w°w PWEa arui�oe$cmiNo,u J LUyI� sr rr Rswo+Apwpf�exwArz»rcAmnevwn Sf SI SE -- L _ .._.._ ❑90 SIURLLAWrx96ELE_E%leAiMCPC �Nf EXMOLMNIAGMAXDEmM 01 N / NeLfmMAX NaI^ AUV iA4 ----------------- II ____ OQ5 mrn DECK..Y—EC II .....____ III ........_.............-1I1 ..___ a � clno eexxPmawrn nEOXcnmxx AlnuE L a _ II NL YY H "INA4BEM A«gNANCE W/AUNN6 MQN�m11 CdMJ5tlElEfMIWWedIN4Np BE IEEE 11UN tl' 1 Z � � MfP [NIXO. I r r nrrax L,� r = - tl Y ° ALU ae „ la ire� �vwN mw/wAN+Rfnu oume Iv vw owNEx \\ t _ _ I r-- ,Y '-'r II �'I Q aurwourocwuaxRParnmertxnrwullws, / \ p ° '�^ °❑° uESEmouunuwnxoxreuevS,dEeoNnx uwm �J v wam EXurR^rAlmnsron.sEE urw wnnu < � 9nw5nmlEnuwoww...^+...... a/noz. [v] vmlwrossw/Xoee enwwnnNlepSNvexrs49[[N U / x ... .... n ---_-.... EXISTING I � I II +a ❑N u+oEHeanxNreapoa.+exffe o.MepdfaRcnrw:. b U EW PW OVMEpePNY1LAMNx I BALCONY GRANNY FFLLAT 1 � ':.,I �' b II If`Il -- ' II _ -� a arctlov rvE:mnrf«sowrenuEczArroro. IL.9 x " I `. II [] eHxuf rux�moExa o.NrxslvcrrcAvws. ' � I, I 11 -_I__� mvrxrNenlEnco.xo. 1 I 11 U HmarnertnxcwRuxwu.Avxe, u I1 O EErW R cowrrrrz I I ! (/]I c9nnuwwn^r.. `+je .�.vvcsxn. n _�....._ Er.kEwu, I __� I II Q w..m NnrvmrnERlawasErcmcNnxN., _ PROPOSED AREA CALC'S I RE41SpNS AMN98N@Icee eNY MI ElEllrOxmxMn xeVl RSs) rzre {Ir u 1 Q [ertntf__ ___Tff Oxerox®E CH AAIH 1,mt a]I. I#AN .W]Sr 91xN 'S0�4 Sr w+' scala _ FLOOR PYgN PROPOSED SECOND a�w CEtl' PROPOSED SECOND FLOOR PLAN o.l, ---1Z? �IEos I/4" A2.�' PA2014-192 Attachment No. PC 6 - i ct Plans ROOF NOTES Bill iiEEEeAAGnrv,murzo'�oSsP.re °oa�i`Rinn�e �o°ia°b�aVlenTMem�n encrcor.aw, cive(E�n°n�Lw:Ero66mlwL a>iE°A1®I wvM Z � m 3Wb ROOF VENT CALCS r dHrM°WGEIO EENMM � p� ROOF PLAN KEYNOTES U +new Nx,mslE•aU CI] I°m 11E1...I Al aILCR°M OLNILW ————————————— .—._.__� W a Q tll O O I r -- ! -,--� ui Z �I E OLL % Q/ < i Ant I I 7< O I I Z rA _ { I ' U I I j I I Itmm'coot I I I ew. ry _ yaV I I I I , Lt __- � s �e 1 � J PROPOSED ROOF PLAN c e.e PROPOSED ROOF PLAN 110 14 ua° ---- � loos A2.3 PA2014-192 AttagW rgt.NI�L PC 6 ' ct Plans L� vcenuLfwu.f..nwalwpwvekmovue O �NRf�LfIM�E�AldA60W R�.EM�9�ICPGxW..4Wio[ " w«Paan,1pusx lavenawnmec .{ �� vwleuv«+vmmanm mleicnnow �§!' �! vl..ruw cmµ.pMRpavMwmKx.➢Oq 1 I'"--7-7-T-1-'''I-'-' Q I IIII I I I IIII [] cw.wer uP 'i II IIII II ❑v Mfla vrco Ll S IJ !f Il 1 I :'..III . ,r .wv� +�I-, xo�nowaoRwunaw+xavpecs�u«xf z __ .-. IO. LJ 1NP!@MPIAMIFpf ePEC4G1YA.5 1—y 0 g la PvnupenulKemertm xunrnmmertaweuxrcaur I I ods �I N I - a allCI D k :rlNl �� it 14 v9q Iln IIII ill ow._ - _ I 0 r_�nll �l h .1 la 1p I Vl I l � l.;..'ll1 IIC V4 1111 pC"� G Ill lr li 1E 11:- J W EXISTING STREET ELEVATION E O W z Y o W � > 0 cd U z Q z n _._._._ j .............. '+Y IS 1 43 Y C*Y �ftRE ' -' lT x:?4 I SISI t✓ If;S I /� 1' 0. 1 .. 1 Or cni� 1 ...............— . �-�-- _ ,. �,... .. r.-.,.......e.. .-_..1 . 1-77 I _ aev"NI e I —J 0 E — — IXTERIOR E�APONS PROPOSED STREET ELEVATION II.IO.IA I IN Us=Ptl A3. PA2014-192 AttaM%9QlTN2, PC ct Plans �, adrcxwvu.vAxnxawgwieAwPow� ��: wooq�A,a,.MLx,OM1ROw�R,.�. I;L ewxsvdaq.dmw+d„mcgq:nrllnraM RII . MYAWHCEWPMiiu.RRON+CRiIM1ECJIGA1Wf [aL u,roremeve�l,vawmP..wovrvwnnsrrtoulzm. ' [r] amP+mur M1�m�mL�R.,o, N MIGINOWSXgVENMWIW OIM'E0IDFC 64AgOM UI m ____,_ _ 10 9PE IRNIP&I W.NM ALPPICAOJM �5 II 9NgpIXNAryML510NfVM@qId ONNPRRC6i[4W x9 Iz mows swreo cmna unxranwnxvudaAu uwmA. O b I _ J oI MM Lu O N N U as z Q EXISTING LEFT SIDE ELEVATION « o —7 U 2 UI J.1Ill `, R RCVISKJNS I TI I, � I w J 1 I J r I i i I y I - _ IXTERIOR _ _i „Y � ELEVATIONS n AOo 14 � _Ilas PROPOSED LEFT SIDE ELEVATION 2 A3.r PA2014-192 Attar, %,N!a, PC 6ct Plans u vRnpLYAAe PeAlqw%XryryC@ARE%W�d h'PIO,IIa _ L� AWpJRYC11e5A�48NwEUCM W31RCl%LAIIIX6.{RbYlc! I [s] w0ovua+.miwroPw OWNw+vec. r� w�%Yb`EERFwSNIPRRfRXRrtA1Cft �.: n TI,V.LxENCPMA,RIMIEA(IMXgIPRCIICA,IpNS uXIXOCAPIPYWPa.gNVICENAPWpYMSASKOUM® U CXINNPY GI awl�xrtP�Rg N a WWULMIIpMANFI.NPEA OUWE%PPECIKAIIOW 0 m D m [] wrve\wnvea0w.e%RanrcnnoM � �_ I_13 6NOgx NA\MALIttMPVm%APE40NVGPPIKI5GAU0M Z W a PCtlIlA 14.1®C®MSTOW WiM3iiGW3SUNRRLAY O �L4 L rove ..__._ �gllull�l ,�- 1 . I LU J � a LU ' .._........ A0. ... If W S LUU EXISTING REAR ELEVATION 3� O A U NW Z 7 7 y U nn n L - 4 _Y � xly cYl]I1 L II T[ �t�i'i�l, �$ � RfVRICNS C I f S�IPT�3"L'LL Z['lr'4Y riP��i C Tk 1�'�� { ��� 'll{ ... � 1 i f i -- _ t _ -- It.17.14 PROPOSED REAR ELEVATION 3 ^ q• PA2014-192 Attaypa, r T I�L� PC 6 - ct Plans Qr .sxvurxnnaxcwAew/et'mwwE 3, nNANMLfICHEV6u®REeSROYWEONWA3 rCN--M R—E > } M1MSONMY0.R P INLB/f f WAVEIEW.FNXHEOIppwNW WK. ILEI 9pitE VEIEPPE90WKPS3PRiflCAIIONe I'` o SPP fneaPH G®APIFMRN�VMW35fKIHGIgH, uWHO@PRV&EEBiPPgyFE WSOMAY C4MN3 AEO�Y. U awvw GP n eElurECPVYaaunw N MIGx/AOWf110W0111PAOiPROWNGi91FRICA 1pNf Z m 10 IDIRIPMI'90WiTf VE6iG,45 Q ,u II iMiOW NPItML4fONEVdfFA Pg pWXEpi31EQFICAIIWf Z AWS IY PEEI9UF[RURDQGNP IwN'JLEI MxFPEAGLAef YIASUr 3E3 _— 08I; In LU O LU Z Q LU �U a� U z EXISTING RIGHT SIDE ELEVATION 4� -7 ° U IA41 1n FjJ ' �� � �_� � ���TT I� Lam•= I I , s _ I IIryryII--I,I�1II ''rr Ilrr II I , , s (i eiEVArioNs a 11.10 14 iM QIP P --- . - - � f• fF+, `nom I pa°e rm PROPOSED RIGHT SIDE ELEVATION (Y I'1) ^ 3• y�g 4 Planning Commission Item No. A• • • • Senior2727 Shell Street 1 • • • Introduction - Existing single-family in China Cove Developed with 7,640 square feet Detached garage with 634 sq . ft. accessory unit above Amend existing Use Permit -1 Lower age requirement to 55 ■ Delete condition requiring garage space • Update all conditions ■ Convert 4th garage space into a beach bath and create exterior parking space Unit will remain in compliance with Zoning Code Section 20.48. 200 Senior Accessory Dwelling 07/13/2012 Community Development Department- Planning Division