HomeMy WebLinkAboutZA2017-042 - DEMO EXISTING SFR AND CONSTRUCT NEW SFR - 409 39th StRESOLUTION NO. ZA2017-042
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-008 FOR A NEW SINGLE
UNIT RESIDENCE LOCATED AT 2134 MIRAMAR AVENUE
(PA2017-024)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by William Guidero, with respect to property located at 2134
Miramar Drive and legally described as Tract 518, Block O, Lot 11 and Por. of Lot 10,
Parcel 2 requesting approval of a Coastal Development Permit.
2. The applicant proposes the demolition of an existing single-family residence and attached
garage and the construction of a new 29 -foot high, 3,228 square foot single-family
residence with an attached garage. The development also includes hardscape, drainage,
and 40 square feet of landscaping. The proposed residence complies with all applicable
development standards including height, setback, and floor area limits.
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 —10.0-19.9 DU/AC (RSD -C) and the Coastal
Zoning District is Single -Unit Residential (R-1).
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 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 (CEQA) under Class 3 (New Construction or
Conversion of Small Structures).
2. Class 3 exempts the construction of limited numbers of new, small structures, including
one single-family residence. The proposed project is a new single-family residence
located in the R-1 Coastal Zoning District and complies with all applicable development
standards.
Zoning Administrator Resolution No. ZA2017-042
Paqe 2 of 7
3. As a Class 4 Resource (Historic Resource Inventory), the Gronsky House is not
considered a significant historical resource for the purposes of CEQA. Pursuant to
Section 15064.5 (Determining the Significance of Impacts to Archeological and
Historical Resources) of the CEQA Guidelines, a resource identified as significant in a
Historical Resource Survey is presumed to be historically or culturally significant. In this
case, the City's Historic Resource Inventory determined the structure is not a significant
historic resource, but rather of historic interest worthy of recognition. The 1992 Historic
Resource Inventory was not formally adopted by resolution or ordinance. Additionally,
the home is not on the formally adopted Newport Beach Register of Historical Property
therefore, the home does not meet the definition of a historic resource under CEQA.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 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 proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 3,506 square feet and the proposed floor
area is 3,228 square feet.
b. The proposed development complies with the required setbacks, which are 10
feet along the front property line, 3 feet along each side property line and 0 feet
along the rear property line adjacent to the alley.
C. The highest guardrail/parapet is less than 24 feet from the established grade and
the highest ridge is 29 feet from established grade. The proposed development
complies with all height requirements.
d. As the proposed development includes less than 4,000 square feet of livable floor
area, a two -car garage is required. The proposed development provides a
compliant two -car garage.
2. The neighborhood is predominantly developed with two -and three-story single-family
residences. The proposed design, bulk, and scale of the development is consistent with
the existing neighborhood pattern of development and expected future development.
3. The proposed development is not located on the shoreline and is approximately 450 feet
from the nearest beach and over 300 feet from Newport Bay. The proposed finished
floor is 11.00 MSL (NAVD88) which is higher than the 9.00 MSL (NAVD88) standard.
Impacts from wave run-up and sea level rise are not anticipated.
01-03-17
Zoning Administrator Resolution No. ZA2017-042
Paqe 3 of 7
4. 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. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance of
building permits. Permit issuance is also contingent on the inclusion of design mitigation
identified in the investigations. Construction plans are reviewed for compliance with
approved investigations and California Building Code (CBC) prior to building permit
issuance.
5. 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.
6. Proposed landscaping complies with Implementation Plan Section 21.30.075. A
condition of approval is included that requires drought tolerant and prohibits invasive
species. Final landscape plans will be checked to verify invasive species are not planted.
7. The existing home (Gronsky House) is included in the City's Historic resource Inventory
(1992). The inventory provides guidance but is not a formal historic resource list nor was it
formally adopted by the City Council. The home is not included on the Newport Beach
Register of Historical Properties, which is the official list.
8. Conditional of Approval No. 14 requires photographic documentation of the home be
prepared prior to the issuance of demolition permits. Photo documentation is consistent
with past requirements when Class 4 structures have been proposed for demolition.
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:
The proposed project is not located between the nearest public road and the sea or
shoreline.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2017-008, subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
01-03-17
Zoning Administrator Resolution No. ZA2017-042
Paqe 4 of 7
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.
PASSED, APPROVED, AND ADOPTED THIS 15th DAY OF JUNE, 2017.
Patrick J. Alford, Zoning Administrator
01-03-17
Zoning Administrator Resolution No. ZA2017-042
Paqe 5 of 7
EXHIBIT "A"
CONDITIONS OF APPROVAL
SEE PC STANDARD CONDITIONS.DOC
(Project -specific conditions are in italics)
PLANNING
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. CD2017-008 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 Use
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 the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
9. 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 approved copy shall include architectural sheets only
01-03-17
Zoning Administrator Resolution No. ZA2017-042
Page 6 of 7
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.
10. Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
11. Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building
Division.
12. Prior to the issuance of building permits, the applicant shall submit a final landscape and
irrigation plan consistent with Implementation Plan section 21.30.075.. These plans shall
incorporate drought tolerant plantings, non-invasive plant species and water efficient
irrigation design. The plans shall be approved by the Planning Division.
13. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
14. Prior to the issuance of a demolition permit, the applicant shall submit a photographic
documentation with captions describing the photographs of the existing home (Gronsky
House). The photographs should include noteworthy exterior and interior features of the
home. Adequacy of the documentation shall be reviewed and approved by the Planning
Division.
15. Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
16. 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 either the
current business owner, property owner or the leasing agent.
17. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 21 Local Coastal Program Implementation and
Zoning of the Newport Beach Municipal Code.
18. 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
01-03-17
Zoning Administrator Resolution No. ZA2017-042
Paqe 7 of 7
whatsoever which may arise from or in any manner relate (directly or indirectly) to City's
approval of Smith Residence including, but not limited to, Coastal Development No.
CD2017-008. 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.
01-03-17