HomeMy WebLinkAboutZA2017-038 - CDP TO DEMO EXISTING SFR AND CONSTRUCT NEW SINGLE-FAMILY RESIDENCE WITH ATTACHED 568-SQ-FT 2-CAR GARAGE. - 355 Walnut StRESOLUTION NO. ZA2017-038
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-014 FOR A NEW SINGLE-
FAMILY RESIDENCE LOCATED AT 355 WALNUT STREET
(PA2017-032)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Mark Scheurer, architect, with respect to property located at
355 Walnut Street, and legally described as Lot P, Block 15, of Tract 772, being a portion
of Lot No. 1 Section 20 and Range 10 West SBB&M in the City of Newport Beach, Orange
County, California.
2. The applicant proposes a Coastal Development Permit for the demolition of an existing
single-family residence and construction of a new 29 -foot high, three-story, 2,468 single-
family dwelling with an attached 568 -square -foot 2 -car garage. The design includes
hardscape, drainage, and 185 square feet of landscaping. The project complies with all
applicable development standards and no deviations are requested.
3. The subject property is located within the R-1 (Single -Unit Residential) Zoning District and
the General Plan Land Use Element category is RS -D (Single -Unit Residential Detached).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD -C.
5. A public hearing was held on June 15, 2017, in the Corona del Mar Conference Room
(Bay E -1st Floor) 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 Zoning
Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has
no potential to have a significant effect on the environment.
2. Class 3 exempts the construction of limited numbers of new, small structures, including
one single-family residence, located in a Single -Unit Residential Zoning District.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The subject property is currently developed with a single -story single-family home on an
existing lot designated for residential development by the Local Coastal Program. The
project applicant requests to demolish the existing single-family residence and construct a
new single-family residence. The proposed roof height of the residence conforms to the
standards of the Zoning Code and Local Coastal Program. The design, bulk, and scale of
the development is consistent with the existing neighborhood pattern of development and
expected future development. The proposed residence is consistent with all applicable
development standards.
2. The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code and
Building Division standards and policies.
3. The property is not located within 200 feet of coastal waters. The project design addresses
water quality with a construction erosion control plan and a post construction drainage
system that includes drainage and percolation features designed to retain dry weather and
minor rain event run-off on-site. Any water not retained on-site is directed to the City's
storm drain system.
4. The property is not located near designated Public View Points or Coastal View Roads
and will not impact public coastal views.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
1. The project site is not located between the nearest public road and the sea or shoreline
and demolition of the existing residence will not affect public recreation or access.
2. Adequate public access to the sea exists on Grant Street, Lancaster Street, Sunset Drive,
Canal Street, Cedar Street, and 61St Street. The proposed single-family residence will not
interfere with existing public access to the sea.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2017-014 (PA2017-032), 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 or call for review is filed with the
Community Development Director in accordance with the provisions of Title 21 Local
Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 of the City's certified LCP and Title 14 California Code of Regulations,
Sections 13111 through 13120, and Section 30603 of the Coastal Act.
3. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF JUNE, 2017.
Patrick J. Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
3. Coastal Development Permit No. CD2017-014 shall expire unless exercised within 24
months from the date of approval as specified in Section 21.54.060 (Time Limits and
Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
4. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
5. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Coastal
Development Permit.
6. This Coastal Development Permit may be modified or revoked by the Zoning
Administrator if determined that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare or materially injurious
to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
7. Prior to issuance of the building permits, a copy of the Resolution, including conditions
of approval Exhibit "A" shall be incorporated into the Building Division and field sets of
plans.
8. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Coastal
Development file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approval 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 Coastal Development Permit.
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9. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
10. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, wetland or their
buffers.
11. Best Management Practices (BMP's) and Good Housekeeping Practices (GNP's) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Pollution Prevention Plan (CPPP).
12. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
13. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stock piles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
14. Trash and debris shall be disposed in proper trash and recycling receptacles at the end
of each construction day. Solid waste, including excess concrete, shall be disposed in
adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
15. 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 Scheurer Residence Coastal Development Permit including, but not limited to,
Coastal Development Permit No. CD2017-014 (PA2017-032). 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.
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