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HomeMy WebLinkAbout05_Matthews Residence Lot Merger and Coastal Development Permit_PA2018-040QWPO R m CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT a c4iFoa`.P SUBJECT: Matthews Residence (PA2018-040) ■ Lot Merger No. LM2018-002 • Coastal Development Permit No. CD2018-017 SITE LOCATION: 1712 and 1718 Galaxy Drive APPLICANT: Jay Ferguson OWNER: John and Engrid Matthews PLANNER: Patrick Achis, Planning Technician 949-644-3237, pachis@newportbeachca.gov LAND USE AND ZONING July 25, 2019 Agenda Item No. 5 • General Plan: RS-D (Single -Unit Residential Detached) • Zoning District : R-1-6000 (Single -Unit Residential) • Coastal Land Use Category: RSD-A (Single Unit Residential Detached — (0.0 — 5.9 DU/AC)) • Coastal Zoning District: R-1-6000 (Single -Unit Residential) PROJECT SUMMARY A lot merger and coastal development permit application request to waive the parcel map requirement for parcels under common ownership and allow the consolidation of two existing single-family residences into a single residence. The lot merger would combine two legal lots into a single parcel. Project implementation includes permitting a 182- square-foot hallway connection between the existing 3,720-square-foot, single-family residence at 1712 Galaxy Drive and the existing 11,207-square-foot, single-family residence at 1718 Galaxy Drive. The result is a 15,109-square-foot, single-family residence with attached Code -compliant parking. The project complies with all applicable development standards and no deviations are requested. Based on the reduction in density, a coastal development permit is required pursuant to Title 21 (Local Coastal Program Implementation Plan) of the Municipal Code. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 under Class 15 (Minor Land Divisions) and Section 15303 under Class 3 (New Construction or Conversion of Small Structures), because it has no potential to have a significant effect on the environment; and 05/14/19 2 Matthews Residence (PA2018-040) Zoning Administrator, July 25, 2019 Page 2 3) Adopt Draft Zoning Administrator Resolution No. _ approving Lot Merger No. LM2018-002 and Coastal Development Permit No. CD2018-017 (Attachment No. ZA 1). DISCUSSION Land Use and Development Standards • An application was filed by Jay Ferguson, with respect to property located at 1712 and 1718 Galaxy Drive. The lots at 1718 Galaxy Drive are legally described as Lots 38 and 39 of Tract 4224. The lot at 1712 Galaxy Drive is legally described as Lot 40 of Tract 4224. • The properties currently consist of two legal parcels, each developed with a single- family residence. In August 2011, the Zoning Administrator approved a lot merger (LM2011-001) to combine Lots 38 and 39 into one parcel. The existing single-family residence located on the previously merged parcel at 1718 Galaxy Drive was permitted for an expansion and remodel in 2011 and completed in 2015. The single- family residence at 1712 Galaxy Drive (Lot 40) was constructed in 1969 and permitted for a small expansion and remodel in 2017. Completion of the remodel is pending approval of this coastal development permit and proposed revision to consolidate the existing single-family residences at 1712 Galaxy Drive and 1718 Galaxy Drive into one single-family residence on a single parcel. • The proposed configuration of the single-family dwelling and accessory structures conform to all applicable development standards, including site coverage limit, setbacks, height, and off-street parking as evidenced by the project plans and illustrated in Table 1 below. Table 1 — Development Standards Development Standard _ Standard Proposed Setbacks min. Front Bluff 20 feet 20 feet Sides 6 feet 6 feet Rear Galax Drive 6 feet 6 feet Site Coverage max. 17,346 square feet 60% 15,630 square feet 54% Parkin min. 3-car garage 8-car attached parkin Height (max.) 24-foot flat roof 29-foot sloped roof 14-foot flat roof • The property is located within the Bluff Overlay District of the Local Coastal Program Implementation Plan, which establishes special development standards for identified bluff areas of the City. Pursuant to the Bluff Overlay Map B-9B (Upper Newport Bay Bluffs), the property is located on a bluff subject to marine erosion. Consistent with TmpIC 05/14/19 Matthews Residence (PA2018-040) Zoning Administrator, July 25, 2019 Page 3 the Bluff Overlay standards, the proposed principal dwelling and major accessory structures are located within Development Area A and set back a minimum of 25 feet from the bluff edge. Minor accessory structures are located within Development B, a minimum of 10 feet back from the bluff edge. No accessory structures are proposed within Development Area C. • The lot merger request constitutes a change in the density of land use, due to two existing single-family residences consolidating into one single-family residence; therefore, a coastal development permit is required as defined in the Newport Beach Municipal Code (NBMC) Chapter 21.70. • The configuration of the parcel will not change and it will remain oriented toward Galaxy Drive. The proposed Lot Merger will remove an interior lot line that presently bisects the two subject parcels. • The proposed lot merger will create a parcel that is consistent with the character or general orientation of adjacent and/or adjoining lots. Although the current configuration is two parcels, the property will be used as a single parcel with a final configuration of a single-family residence. • The proposed lot merger will create a larger parcel than those in the immediate vicinity, but will not result in an unreasonable detriment to the use and enjoyment of other properties. Both single-family residences are existing and will continue to appear as two separate single -story building masses from the street, with the exception of a proposed single -story, 182-square-foot hallway addition connecting the two buildings. The subject lots sit along a curved roadway of Galaxy Drive that serves to mitigate visual massing created by the consolidation. Additionally, restrictions are included in the conditions of approval that limit all future development at the site to not exceed one-story and stipulate an open space requirement be maintained in front of the proposed hallway connection to further reduce bulk. As a result, the proposed merger will not result in a detrimental visible change in character to the neighborhood and will continue to allow the property to be used for single-family purposes. • The neighborhood is predominantly developed with one- and two-story single-family residences. Along the bluff side of Galaxy Drive, development consists primarily of single -story, single-family dwellings. As conditioned, the proposed single -story design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. • Any future construction will be required to comply with the NBMC Planning and Zoning (Title 20) and Local Coastal Program Implementation Plan (Title 21) TmpIC 05/14/19 Matthews Residence (PA2018-040) Zoning Administrator, July 25, 2019 Page 4 The subject property is located in the R-1-6000 Coastal Zoning District, which provides for single -unit residential development and is consistent with the City's Coastal Land Use Plan, General Plan, and Zoning Code. • As detailed in the attached draft resolution (Attachment No. ZA 1), the proposed merger meets the requirements of Title 19 (Subdivisions) and no deviations are requested. I'F.iF17:M The properties are located above a bluff top that descends to the Upper Newport Bay Ecological Reserve, approximately 90 feet above sea level. A Geotechnical Commentary report, dated May 15, 2019, was prepared by Petra Geosciences, for the project. The report regarded previous geologic evaluation of 1718 Galaxy Drive and provided additional evaluation for 1712 Galaxy Drive. The commentary summarized the findings of these studies, which include the determination of the sites' stability to have a 1.5 factor of safety. Additionally indicated is that bluff erosion could occur because of poor drainage of the ground surface along the top of the bluff, which could result in water flowing over the slope. However, the ground surfaces above the bluff have been graded so that they flow into area drains, which then carry the water to the curb and gutter of Galaxy Drive. As such, erosion due to poor drainage is not considered to be a concern. Moreover, the bluff is part of a protected ecological reserve and, therefore, not subject to any adverse activities such as hiking or climbing. Erosion due to activities by man are also not of concern. The potential for future bluff retreat or structural damage due to adverse hazards such as sea level rise, flooding, wave attack, or slope erosion was considered negligible. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of a building permit. 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 CBC prior to building permit issuance. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The property owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with NBMC Section 21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will need to be satisfied prior to the issuance of building permits for construction. Tmplt: 05/14/19 l Matthews Residence (PA2018-040) Zoning Administrator, July 25, 2019 Page 5 Water Quality • 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 run-off and minor rain event run-off on -site. Any water not retained on -site is directed to the City's storm drain system. Public Access and Views • The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. The existing residential development neither provides nor inhibits public coastal access. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project's impact and be proportional to the impact. In this case, the project is a lot merger to consolidate two single-family residences into one single-family residence. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. • The project site is located on a bluff in the Upper Newport Bay and does not provide nor inhibit public coastal access opportunities. The project is designed and sited so as not block or impede existing public access opportunities and occurs within the confines of private property. Existing coastal access conditions will not be affected by the project. The nearest coastal access opportunity is currently provided by a trail off Constellation Drive, approximately 2,100 feet away from the subject site. • The closest public viewpoint is located at the east end of Mariners Drive abutting the edge of the Upper Newport Bay Bluff, approximately 670 feet away from the subject sites. Due to the distance of the proposed development from the public viewpoints and the project's compliance with height and setbacks, the project will not impact coastal views. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15315, of the State CEQA (California Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). The Class 15 exemption includes the division of property in urbanized areas zoned for residential, commercial, or industrial use into four (4) or fewer parcels when the division is in conformance with the General Plan and zoning; no variances or exceptions are required; all services and access to the proposed parcel to local standards are available; the parcel was not involved in a division of a larger parcel within the previous two (2) years; and the parcel TmpIC 05/14/19 15 Matthews Residence (PA2018-040) Zoning Administrator, July 25, 2019 Page 6 does not have an average slope greater than 20 percent. This exemption includes a lot merger not resulting in the creation of any new parcel that complies with the conditions specified above. 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. Class 3 exempts the demolition of up to three single-family residences and additions of up to 10,000 square feet to existing structures. The proposed project consists of a lot merger to consolidate two existing single- family residences into one single-family residence and proposes the addition of a 182- square-foot hallway connection. PUBLIC NOTICE Notice of this public hearing was published in the Daily Pilot, mailed to all owners and residential occupants 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 hearing, 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. APPEAL PERIOD This action shall become final and effective 14 days following the date the Resolution is 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. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: Patrick Achis Planning Technician JM/pa Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans Tmplt: 05/14/19 Cr/ Attachment No. ZA 1 Draft Resolution 05/14/19 RESOLUTION NO. ZA2019-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM2018-002 AND COASTAL DEVELOPMENT PERMIT NO. CD2018-017 TO MERGE TWO LOTS UNDER COMMON OWNERSHIP AND CONSOLIDATE TWO EXISTING SINGLE- FAMILY DWELLINGS INTO ONE SINGLE-FAMILY DWELLING LOCATED AT 1712 AND 1718 GALAXY DRIVE (PA2018-040) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Jay Ferguson, with respect to property located at 1712 and 1718 Galaxy Drive, requesting approval of a coastal development permit. 2. The lots at 1718 Galaxy Drive are legally described as Lots 38 and 39 of Tract 4224. The lot at 1712 Galaxy Drive is legally described as Lot 40 of Tract 4224. 3. The applicant proposes a lot merger and coastal development permit application to waive the parcel map requirement for parcels under common ownership and allow the consolidation of two existing single-family residences into a single residence. The lot merger would combine two legal lots into a single parcel. Project implementation includes permitting a 182-square-foot hallway connection between the existing 3,720-square-foot, single-family residence at 1712 Galaxy Drive and the existing 11,207-square-foot, single- family residence at 1718 Galaxy Drive. The result is a 15,109-square-foot, single-family residence with attached Code -compliant parking. The project complies with all applicable development standards and no deviations are requested. Based on the reduction in density, a coastal development permit is required pursuant to Title 21 (Local Coastal Program Implementation Plan) of the Municipal Code. 4. The subject property is designated RS-D (Single -Unit Residential Detached) by the General Plan Land Use Element and is located within the R-1-6000 (Single -Unit Residential) Zoning District. 5. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is RSD-A (Single Unit Residential Detached — (0.0 — 5.9 DU/AC)) and it is located within the R-1-6000 (Single -Unit Residential) Coastal Zone District. 6. A public hearing was held on July 25, 2019, 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 hearing 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 hearing. 05-14-19 2 Zoning Administrator Resolution No. ZA2019-### Paqe 2 of 12 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt under Section 15315, of the State CEQA (California Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). The Class 15 exemption includes the division of property in urbanized areas zoned for residential, commercial, or industrial use into four (4) or fewer parcels when the division is in conformance with the General Plan and zoning; no variances or exceptions are required; all services and access to the proposed parcel to local standards are available; the parcel was not involved in a division of a larger parcel within the previous two (2) years; and the parcel does not have an average slope greater than 20 percent. This exemption includes a lot merger not resulting in the creation of any new parcel and that complies with the conditions specified above. 2. This project is also 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. Class 3 exempts the demolition of up to three single-family residences and additions of up to 10,000 square feet to existing structures. The proposed project consists of a lot merger to consolidate two existing single-family residences into one single-family residence and proposes the addition of a 182-square-foot hallway connection. 3. The exceptions to these categorical exemptions under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Lot Merger In accordance with Newport Beach Municipal Code (NBMC) Section 19.68.030 (Lot Mergers) and 19.08.030 (Waiver of Parcel Map Requirement), the following findings and facts in support of such findings are set forth: Finding: A. Approval of the merger will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of this title. Facts in Support of Finding: 07-02-19 9 Zoning Administrator Resolution No. ZA2019-### Paqe 3 of 12 1. The lot merger will combine two existing lots by removing the interior lot line between them and will not result in the creation of additional parcels. 2. The project is in an area with an average slope of less than 20 percent. 3. The lot merger is consistent with the purpose and intent of NMBC Title 19 (Subdivisions), identified in NBMC Subsection 19.04.020 (Purpose and Applicability). The lot merger will ensure all development is contained within the property and there is no construction crossing legal property lines. 4. Current and future development on the proposed parcel will be subject to the NBMC Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) development standards, which are intended to promote orderly development, protect neighborhood character, and preserve public health, safety, and general welfare of the City while implementing the policies of the Coastal Land Use Plan and the California Coastal Act of 1976. Findino: B. The lots to be merged are under common fee ownership at the time of the merger. Fact in Support of Finding: 1. The two lots to be merged are under common fee ownership, as evidenced by the Preliminary Title Report submitted with the application. Finding: C. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. The merged parcel will retain the Single -Unit Residential (R-1-6000) zoning designation, consistent with the surrounding area. The R-1-6000 Zoning District is intended to provide for areas appropriate for a detached single-family residential dwelling unit located on a single lot that is 6,000 square feet or greater in area. 2. The Land Use Element of the General Plan designates the subject site as Single -Unit Residential Detached (RS-D), which applies to a range of single-family residential dwelling units. The Coastal Land Use Plan designates this site as Single -Unit Residential Detached (RSD-A), which provides for density ranges from 0.0 to 5.9 dwelling units per acre. The land use will remain the same and the merger is consistent with the land use designations of the General Plan and Coastal Land Use Plan. 3. The subject property is not located within a specific plan area. 07-02-19 10 Zoning Administrator Resolution No. ZA2019-### Paqe 4 of 12 4. Section 20.18.030 of the Zoning Code requirements. The proposed merger would conformance to the minimum 6,000-squar Code. Finding: e establishes minimum lot area and width result in a 28,910-square-foot parcel that is in foot interior lot area standard of the Zoning D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. Fact in Support of Finding: No adjoining parcels will be deprived of legal access as a result of the merger. Legal access is provided from Galaxy Drive, and will remain unchanged. Finding: E. The lots as merged will be consistent with the pattern of development nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. In making this findings, the review authority may consider the following: i. Whether the development of the merged lots could significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. ii. Whether the merged lots would be consistent with the character or general orientation of adjacent and/or adjoining lots. iii. Whether the merged lots would be conforming or in greater conformity with the minimum lot width and area standards for the zoning district. Facts in Support of Finding: Current and future development on the merged lots is required to meet all applicable development standards and, therefore, will not significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. 2. The proposed Lot Merger will create a parcel that is consistent with the character or general orientation of adjacent and/or adjoining lots. Although the current configuration is two parcels, the property will be used as a single parcel with one single-family residence. The general orientation of the resulting dwelling will be maintained with a rear setback adjacent to Galaxy Drive and front setback along the bluff edge 3. The proposed lot merger will create a larger parcel than those in the immediate vicinity, but will not result in an unreasonable detriment to the use and enjoyment of other properties. Both single-family residences are existing and will continue to appear as two separate single -story building masses from the street, with the exception of a proposed single -story, 182-square-foot hallway addition connecting the two buildings. The subject 07-02-10 11 Zoning Administrator Resolution No. ZA2019-### Paqe 5 of 12 lots sit along a curved roadway of Galaxy Drive that serves to mitigate visual massing created by the consolidation. Additionally, restrictions are included in the conditions of approval that limit all future development at the site to not exceed one-story and stipulate an open space requirement be maintained in front of the proposed hallway connection to further reduce bulk. Finding: F. The proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of this title, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: Approval of the proposed lot merger would remove the existing interior lot line, and allow the property to be used as a single site. The proposed lot would comply with all design standards and improvements required for new subdivisions by NBMC Title 19, the General Plan, and the Coastal Land Use Plan. 2. The subject property is not located within a specific plan area. Coastal Development Permit In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: G. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: The proposed development complies with applicable residential development standards including, but not limited to, site coverage limitation, setbacks, height, and parking. a. The maximum site coverage limitation is 17,346 square feet (or 60 percent) and the proposed site coverage is 15,630 square feet (54 percent). b. The proposed development provides the minimum required setbacks, which are 20 feet along the property line abutting the bluff, 6 feet along each side property line and 6 feet along the rear property line abutting Galaxy Drive. c. The highest roof element of the project is approximately 14 feet, significantly less than the 24-foot maximum height limit requirement for the R-1-6000 Zoning District. 07-02-10 12 Zoning Administrator Resolution No. ZA2019-### Paqe 6 of 12 d. The project includes garage parking for a total of 8 vehicles, complying with the minimum three -car garage parking requirement for single-family residences with more than 4,000 square feet of habitable floor area. e. The property is located within the Bluff Overlay District of the Local Coastal Program Implementation Plan, which establishes special development standards for identified bluff areas of the City. Pursuant to the Bluff Overlay Map B-913 (Upper Newport Bay Bluffs), the property is located on a bluff subject to marine erosion. Consistent with the Bluff Overlay standards, the proposed principal dwelling and major accessory structures are located within Development Area A and setback a minimum of 25 feet from the bluff edge. Minor accessory structures are located within Development B, a minimum of 10 feet back from the bluff edge. No accessory structures are proposed within Development Area C. 2. The neighborhood is predominantly developed with one- and two-story single-family residences. Along the bluff side of Galaxy Drive, development consists primarily of single -story, single-family dwellings. The proposed single -story design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 3. The properties are located above a bluff top that descends to the Upper Newport Bay Ecological Reserve, approximately 90 feet above sea level. A Geotechnical Commentary report, dated May 15, 2019, was prepared by Petra Geosciences, for the project. The report regarded previous geologic evaluation of 1718 Galaxy Drive and provided additional evaluation for 1712 Galaxy Drive. The commentary summarized the findings of these studies, which include the determination of the site's stability to have a 1.5 factor of safety. Additionally indicated is that bluff erosion could occur as a result of poor drainage of the ground surface along the top of the bluff, which could result in water flowing over the slope. However, the ground surfaces above the bluff have been graded so that they flow into area drains, which then carry the water to the curb and gutter of Galaxy Drive. As such, erosion due to poor drainage is not considered to be a concern. Moreover, the bluff is part of a protected ecological reserve and, therefore, not subject to any adverse activities such as hiking or climbing. Erosion due to activities by man are also not of concern. The potential for future bluff retreat or structural damage due to adverse hazards such as sea level rise, flooding, wave attack, or slope erosion was considered negligible. 4. All projects are required to comply with the California Building Code (CBC) 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 CBC prior to building permit issuance. 5. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The property owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, 07-02-10 23 Zoning Administrator Resolution No. ZA2019-### Paqe 7 of 12 consistent with NBMC Section 21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will need to be satisfied prior to the issuance of building permits for construction. 6. 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. 7. Proposed landscaping complies with Implementation Plan Section 21.30.075. A condition of approval is included that requires drought -tolerant species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted and only temporary irrigation is installed within 10 feet of the bluff edge (Bluff Development Area C). Findino: H. 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. Facts in Support of Finding: The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. The existing residential developments neither provides nor inhibits public coastal access. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project's impact and be proportional to the impact. In this case, the project is a lot merger to consolidate two single-family residences into one single-family residence. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. 2. The project site is located on a bluff in the Upper Newport Bay and does not provide nor inhibit public coastal access opportunities. The project is designed and sited so as not block or impede existing public access opportunities and occurs within the confines of private property. Existing coastal access conditions will not be affected by the project. The nearest coastal access opportunity is currently provided by a trail off Constellation Drive, approximately 2,100 feet away from the subject site. 3. The closest public viewpoint is located at the east end of Mariners Drive abutting the edge of the Upper Newport Bay Bluff, approximately 670 feet away from the subject sites. Due to the distance of the proposed development from the public viewpoints and the project's compliance with height and setbacks, the project will not impact coastal views. 07-02-10 14 Zoning Administrator Resolution No. ZA2019-### Paqe 8 of 12 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No. LM2018-002 and Coastal Development Permit No. CD2018-017 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. PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF JULY, 2019. Rosalinh Ung, Zoning Administrator 07-02-10 115 Zoning Administrator Resolution No. ZA2019-### Paqe 9 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL The map shall be submitted to the Public Works Department for final map review and approval. All applicable fees shall be paid. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Prior to the issuance of building permits for any construction to cross the existing interior lot line between the two (2) lots proposed to be merged, recordation of the Lot Merger documents with the County Recorder shall be required. 4. All easements shall be plotted and all easement documents provided upon final map review. 5. All unpermitted improvements within the Back Bay/State property shall be removed. 6. All development on the site shall be used for single -unit dwelling purposes only. Any reversion to underlying legal lots or use of the property for two separate dwellings shall be subject to new tentative parcel map and coastal development permit applications. 7. All future construction at the site shall be limited to single -story development, not to exceed the existing roof7ine height of 14 feet above the building pad. 8. The open space area located in front of the proposed connection hallway that creates a visual break between the two existing buildings shall be maintained clear to the rear setback line adjacent to Galaxy Drive. Additions or modifications to the connection hallway that would diminish this visual break is not allowed. 9. 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). 10. Prior to final building permit inspection, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns. 11. Prior to the issuance of a building permit, the property owner shall submit a notarized signed letter acknowledging all hazards present at the site, assuming the risk of injury or damage from such hazards, unconditionally waiving any claims of damage against the City from such hazards, and to indemnify and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 07-02-10 16 Zoning Administrator Resolution No. ZA2019-### Paqe 10 of 12 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 development. This letter shall be scanned into the plan set prior to building permit issuance. 12. 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, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 13. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 14. This Coastal Development Permit does not authorize any development bluffward of the private property. 15. The applicant is responsible for compliance with the Migratory Bird Treaty Act. In compliance with the (MBTA), grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 16. Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 17. 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. 07-02-10 27 Zoning Administrator Resolution No. ZA2019-### Paqe 11 of 12 18. 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. 19. 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. 20. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 21. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 22. 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. 23. 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. 24. 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. 25. 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. 26. Prior to issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans. 27. Prior to issuance of a building permit, 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 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. 28. Prior to the issuance of building permits, the applicant shall submit a final landscape and irrigation plan. These plans shall incorporate drought tolerant plantings, non-invasive 07-02-10 18 Zoning Administrator Resolution No. ZA2019-### Paqe 12 of 12 plant species and water efficient irrigation design. The plans shall be approved by the Planning Division. 29. 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. 30. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 31. 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. 32. This Lot Merger No. LM2018-002 and Coastal Development Permit No. CD2018-017 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. 33. 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 Matthews Residence including, but not limited to, Lot Merger No. LM2018-002 and Coastal Development Permit No. CD2018-017 (PA2018-040). 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. 07-02-10 2J Attachment No. ZA 2 Vicinity Map 05/14/19 'J n ,y 0 VICINITY MAP Subject Properties Lot Merger No. LM2018-002 and Coastal Development Permit No. CD2018-017 (PA2018-040) 1712 and 1718 Galaxy Drive 0514,19 �1 Attachment No. ZA 3 Project Plans 05/14/19 22 PROJECT DATA rnxenrsca�uu:. WIC SYNTHHICNF��`\4c \ \ TYR.� /Q m� 55.61IN0 B'WI TOP OF BLUFF BATH / WIC GARAGE 13 PROPERTY LINE TO BE ELIMINATED AS PART OF PROPOSED LOT MERGER Q �Ki \--SYNTHETC IDRF � ` orym m \ \\ \ TYP.� T Q TOP OF BLUFF — m _ MASTER BEDROOM �� - O gPgo Y, BP / _ _ _, I '� �srNIHErICrureF _ m I I I I I I FOYER GALLERY l7 ARV ROOM ENTRY p FYI O J - � E%'ERIOR PATIO IEJ L .ae.eenv _ANDSCAPE PARKWAY GALAXY DRIVE v 1. Site Plan / Floor Plan Matthews Residence r FUTurze New LINK REAT RO-f' 1 1 IB'D NTO RESIDEN�E y 02 S.F. 1 1 1 I ( I( � GARAGE OFFICE I 1p GROG Iw 1LK STORAGE WALK DRIVEwAY LOT WE. 19,597 S F_ MAX. LOT COVERAGE'. 6= OF LOT 11,758 S.F. ACTUAL LOT COVERAGE I INCLUDING OVERHANGS)=57.8% 11.3385.F. 1718 SQUARE FOOTAGE FIRST FLOOR LIVING AREA 6.81A SF_ BASEMENT / STORAGE 1 942 S.F. GARAGE/STORAGE 2,451 S•F. TOTAL 11,207 S.F. 1712 GALAXY DRIVE LOT SIZE: 9.313 SF. MAX. LOT COVERAGE; 5,588 S.F. ACTUAL LOT COVERAGE (INCLUDING OVERHANGS):=06% 4,2925 F. 1712 SQUARE FOOTAGE FIRST FLOOR LIVING AREA 2,579 S.F. FUTURE ADDITIONS INCLUDING LINK BETWEEN LOTS 182S F. GARAGE 1,141$ F. TOTAL 39025.F. COMBINED LOTS 1718 & 1712 GALAXY DRIVE LOT SIZE; 19597 9313 28910 SF. MAX. LOT COVERAGE; 601% OF LOT 17346 S F. ACTUAL LOT COVERAGE(INCLUDING OVERHANGS1=54% 15631 SQUARE FOOTAGE FIRST FLOOR WING AREA 9,575 S.F BASEMENT / STORAGE 1,942 S.F. GARAGE/STORAGE 3,59251_ TOTAL 15.109 S.F. PROJECT ID. TRACT 4224, LOT 38 & 39 & C A.P. NUMBERS: I17-65208 & 117-652-W & 117-652-10 ZONH R160M USE SFD OCCUPANCY: RS/U OWNER JOHN& ENGRID MATTHEWS 1712 GALAXY DRIVE NEWPORT BEACH, CA. 92260 CONTACTS: JOHN MATTHEWS STOR. ll,l\ F LANDSCAPE LEGEND DECORATIVESECURITY SAGO PALM (CYCAS REVOLUTA) WALL BOUGAINVILLEA (B.BARBARA KARST) 0 NEW ZEALAND FLAX (PHORMIUM TENAX) CORAL ALOE/ SUCCULANT(ALOE STRIATA) SCALE: 118" = 1D N DANIEL BEAUCHAMP 1712 & 1718 Galaxy Drive, Newport Beach, Co., 92660 DATE: 07/11/2019 SSLI'N09°28'�') 1 GALAXY DRIVE 1. Existinq Floor Plan 1718 Galaxy Drive Residence = 6,814 s.f. Garage=2,451 s.f. Matthews Residence 1712 & 1718 Galaxy Drive, Newport Beach, Co., 92660 N SGIE'. 1/8 mlq' CANIEL BEAUCHAMP ..•.. a.-ao.o DATE: 06 / 18 / 2019 1. Existinq Basement Plan 1718 Galaxy Drive 1,942 s.f. Matthews Residence 1712 & 1718 Galaxy Drive, Newport Beach. Co.. 92660 s SCALE: 118" = I DANIEL BEAUCHAMP DATE: 06 / 18 / 2019 25 i 613PI= 1. Existinq Floor Plan 1712 Galaxy Drive Residence=2,763 s. f. Garage = 633 s.f. Matthews Residence 1712 & 1718 Galaxy Drive, Newport Beach. Co.. 92660 ON SCALE: 118" = I DANIEL BEAUCHAMP DATE: 06 / 18 / 2019 20 la. WEST ELEVATION Galaxv Drive (Front with Privacv Wall lb. WEST ELEVATION Galaxv Drive (Front Privacv Wall shown dashed on] 2. EAST ELEVATION (Rear towards Back Ba Matthews Residence SCALE: u8. 1,r SCALE: IJ&=I Dd SCALE. I/8"-I D DANIEL BEAUCHAMP 1712 & 1718 Galaxy Drive, Newport Beach, Co., 92660 DATE: 06 / 18 / 2019 1. EXISTING WEST ELEVATION 1718 Galaxy Drive (Front with Privacy Wall 2. EXISTING EAST ELEVATION 1718 Galaxy Drive (Rear towards Back Ba 3. EXISTING WEST ELEVATION 1712 Galaxy Drive SCALE: I/8"=1'-0" 4. EXISTING EAST ELEVATION 1712 Galaxy Drive (Rear towards Back Bay) SCALE'. I/B"=1'iY' Matthews Residence SCALE: 116'=1 Z SCALE: I/r=1'4 DANIEL BEAUCHAMP 1712 & 1718 Galaxy Drive, Newport Beach, Co., 92660 DATE: 06 / 18 / 2019 29 Zoning Administrator - July 25, 2019 Item No. 5a Additional Materials Received Matthews Residence Lot Merger (PA2018-040) July 25, 2019, Zoning Administrator Agenda Comments Comments submitted by: Jim Mosher (limmosher(o.yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 5. Matthews Residence Lot Merger No. LM2018-002 and Coastal Development Permit No. CD2018-017 (PA2018-040) It is refreshing to see City staff acknowledge that "density" as defined in Chapter 21.70 of Title 21, is measured in dwelling units per acre, so that a lot merger like this creates a reduction in density which, by itself, triggers the need for a Coastal Development Permit. In the past, the City frequently claimed that the consolidation of two single family lots into one single family lot did not change "dwelling units per lot' so it was not "development' and did not need a CDP. The present hearing appears to be required to approve: (1) the lot merger and waiver of the parcel map requirement per NBMC Title 19 and (2) the CDP for merging the lots and constructing the 182 square foot hallway connection per Title 21. It is not entirely clear why a CDP would be needed for construction of the connecting hallway (which seems to be needed to create a single detached residential structure?), but among other problems with the present item, it seems to have already been built (without permits?) across the lot line prior to approval of the merger. See the City's aerial photography from 2018: This seems in conflict with Conditions of Approval No. 3 on handwritten page 16. The existing construction at 1718 Galaxy Drive, as illustrated in Attachment No. ZA 3 ("Project Plans") on handwritten page 23 and 24, also appears to differ significantly from the plans Zoning Administrator - July 25, 2019 Item No. 5a Additional Materials Received Matthews Residence Lot Merger (PA2018-040) approved when the merger of 1718 and 1724 Galaxy Drive was approved by the Coastal Commission as part of CCC Application Number 5-11-213, heard as agenda Item W7c-2-2012. Were those changes approved by the CCC? Portions of the existing development at 1718 Galaxy Drive shown in the above photo also appear to extend beyond the property line on the right (at the bluff top) — and there is more of that in area not shown above this. Has the extension of the yard beyond the property line ever been permitted? The existing construction at 1712 Galaxy Drive also appears to differ significantly from the what is presented as the "Existing Floor Plan" on handwritten page 26, but which differs from the "Existing West Elevation" shown on page 28 (and 27) — for example, as to whether there is one garage door or three. The new work which transformed 1712 Galaxy from the floor plan shown on page 26 to the one (with the excepting of the linking structure) shown on the right-hand half of page 23 appears to have been conducted pursuant to Building Permit X2017-0993 (Plan Check No. 0665-2017), applied for on March 28, 2017, and approved on July 12, 2017. That increased the square footage at 1712 Galaxy from the 3,396 square feet shown on page 26 to the 3,720 square feet (without the hallway) shown on page 23, which was just under the 10% limit triggering the need for a CDP for homes located between the first public road and the sea. But since the new floor plan appears to have contained no bedrooms it is unclear how this continued to qualify as a single-family home. The above photo also shows the sloping bluff extending a substantial distance onto the lot at 1712 Galaxy. It seems important to understand: Was this the initial condition of the property when the lot was created in 1962? Or does it represent subsequent slope failure / bluff top retreat? If so, what caused it? Here are some specific questions and comments I have about the proposed approval: 1. Why does the resolution title does not mention the "request to waive the parcel map requirement," as has been the custom in prior Zoning Administrator lot merger resolutions? 2. Why has the proposed lot merger map that will be sent to the Public Works Department for final review per Conditions of Approval No. 1 not been included as an exhibit for the Zoning Administrator and public's review? a. The closest we have is the notation on the "Site Plan / Floor Plan" on Handwritten page 23 calling out a "PROPERTY LINE TO BE ELIMINATED AS PART OF PROPOSED LOT MERGER." 3. Page 9, Section 2.1: The concluding statement that "This exemption includes a lot merger not resulting in the creation of any new parcel and that complies with the conditions specified above' seems to be based on something other than the text of CEQA Guidelines Section 15315, for the word "merger' does not appear in it. Zoning Administrator - July 25, 2019 Item No. 5a Additional Materials Received Matthews Residence Lot Merger (PA2018-040) 4. Page 11, required Finding F: It seems to me there is much more question than the planner acknowledges as to whether the merger will result in the creation of a lot incompatible with nearby lots in terms of "lot width, depth or orientation." a. As far as I can tell, every other lot on Galaxy Drive —certainly those nearby— is deeper than it is wide. b. The lot merger creating 1718 Galaxy, approved by the Coastal Commission in 2012, already created an unusual lot with a width greater than its depth. c. Adding 1712 Galaxy to the previous merger creates an even more unusual lot configuration for this area, with a width far greater than its depth. 5. Page 12: Shouldn't Fact F.1 mention consistency with Title 20 as well as Title 19, the General Plan and the Coastal Land Use Plan (which should perhaps be the more general "Local Coastal Program" — including the Implementation Plan)? 6. Page 13, numbered paragraph 3 (and 6 on page 14): One has to wonder where the water diverted to the curb and gutter goes, and what further problems that may cause? 7. Page 13, numbered paragraphs 1 and 2: 1 do not agree with the statements that the development on this site does not "inhibit" public coastal access. Since the public cannot access the bluff top through the site, it obviously does. I would suggest revising to the more honest: "The existing residential developments neither- ^r-evides nor inhibits does not pro vide public coastal access." and "The project site is located on a bluff in the Upper Newport Bay and but does not provide nor inhibit public coastal access opportunities." 8. Page 16: a. Condition No. 3: As noted above, some kind of structure across the lot line appears already to have been built. b. Condition No. 5: What unpermitted improvements are to be removed? Are they the yard encroachments noted in the photo above? Or something else? c. Condition No. 7: The height restriction does not seem to be mentioned in the Facts in Support of Findings. Was it needed to make some of them? d. Condition No. 8: i. Describing the open space as being "in front' of the proposed connection hallway is confusing since the City regards Galaxy Drive as the "rear" of the lot. ii. The intent of protecting that space is also not obvious since the City has permitted the owner to build a "privacy wall" completely blocking it from public view. iii. The last sentence contains a minor grammatical error: "Additions or modifications to the connection hallway that would diminish this visual break 4 are not allowed." Zoning Administrator - July 25, 2019 Item No. 5a Additional Materials Received Matthews Residence Lot Merger (PA2018-040) iv. Unless this is for the benefit of neighbors above on Santiago Drive and Antigua Way, the "visual break" seems to relate more to the roofline than to the open space closest to Galaxy Drive, since the roof is all that is visible from Galaxy. v. Has any thought been given to what this exceptionally large structure will look like from Back Bay Drive (which is a designated Coastal View Road) or from the public bluff top beltway on the opposite side of the Upper Bay channel? e. Condition No. 9 could be read to imply that as with the 2012 CCC-issued CDP, the present approval is not just for the lot merger but for all the plans found in Attachment No. ZA 3. I. If so, wouldn't it be reasonable to require the project to include public view corridors in return for the unusually large massing being allowed by this and the previous lot merger? ii. Alternatively, are the "plans" being referred to in this condition just those for the 182 square foot linking structure? 9. Page 18, Condition No. 18: Shouldn't "Stockpiles" be written as "Stockpiles"? 10. Page 19: a. Condition No. 29: The requirement to maintain irrigation seems to be in conflict the conditions seeking to minimize water use to protect the public bluff. It might also conflict with City ordinances in the event of a drought. b. Condition No. 31: 1 noticed the CCC-issued CDP included a stronger requirement that special conditions be recorded as deed restrictions to ensure future owners would be aware of them. 11. Page 23: The features labeled "6'0" Front Yard Setback' and "20'0" Rear Yard Setback' are reversed compared to City's definition of "front" and "rear" yards. 12. Page 26: As noted above, this appears to be mislabeled as the "Existing Floor Plan" for 1712 Galaxy Drive. Instead, it seems to be the floor plan that existed before development approved in 2017 (which has since transformed it into the floor plan on page 23). Zoning Administrator - July 25, 2019 Item No. 5b Additional Materials Received at Meeting STAFF Matthews Residence Lot Merger (PA2018-040) EXHIBIT '°A" CITY OF NEWPORT BEACH LOT MERGER NO. LM 2018-002 (LEGAL DESCRIPTION) PROPOSED PARCELS OWNERS EXISTING PARCEL NUMBER REFERENCE NUMBERS JOHN W. MATTHEWS & 117-652-10 KIRSTEN ENGRID MATTHEWS, HUSBAND LOT 40; 1712 PARCEL 1 AND WIFE AS JOINT TENANTS JOHN W. MATTHEWS AND KIRSTEN ENGRID MATTHEWS. HUSBAND AND WIFE AS JOINT 117-652-23 PARCEL 1 TENANTS AND ENGRID 0. MATTHEWS AS PARCEL 1; 1718 THEIR INTEREST APPEAR OF RECORD. EXISTING LEGAL DESCRIPTION: REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: PARCEL 1: LOT 40 OF TRACT 4224, AS PER MAP RECORDED IN BOOK 157, PAGE 1 TO 14 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: PARCEL 1 AS DEPICTED ON EXHIBIT "C" ON A LOT LINE ADJUSTMENT RECORDED MAY 14, 2012 AS INSTRUMENT NO. 2012000274064 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PROPOSED LEGAL DESCRIPTION: PARCEL 1: SEE EXHIBITS'B' &'C' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. LANO `ONP� SG �5 Q0MIN/0 THIS DESCRIPTION HAS BEEN PREPARED BY ME m OR UNDER MY DIRECTION p ¢v y -C �a a No. 8516 T A Exp. 12/31/20 PAUL D. CRAFT, P.L.S. 8516, LICENSE RENEWAL DATE: 12/31/20 9TiF OF CAUFO�� SHEET 1 OF 3 Zoning Administrator - July 25, 2019 Item No. 51, Additional Materials Received at Meeting STAFF Matthews Residence Lot Merger (PA2018-040) A Tr, ]�1a7:�9 EXHIBIT "B" CITY OF NEWPORT BEACH LOT MERGER NO. LM 2018-002 (MAP) EXISTING PARCEL NUMBER PROPOSED JOHN W. MATTHEWS & 117-652-10 KIRSTEN ENGRID MATTHEWS, HUSBAND LOT 40; 1712 PARCEL 1 AND WIFE AS JOINT TENANTS JOHN W. MATTHEWS AND KIRSTEN ENGRID MATTHEWS, HUSBAND AND WIFE AS JOINT TENANTS AND ENGRID 0. MATTHEWS AS THEIR INTEREST APPEAR OF RECORD. 4 HOLIDAY ROAD v �o�0 9�DO9=9�f \�oyy V rya Nsg4p\ \ oP soh , � �D PARCEL i hh ti GROSS: 0.66 ACRES :v NET: 0.66 ACRES GROSS: 28,910 SQ. FT. o O NET: 28,910 SQ. FT. h : n u PL1G76C�6 9s OG1�34 I o o N87°3400"W 131.52' b c ,I v N h M 43g �I a i 117-652-23 PARCEL 1; 1718 NOTE: PARCEL 1 THIS PLAN WAS PREPARED USING MEASURED DATA PER FIELD SURVEY COMPLETED OCTOBER 2017 LINE LEGEND PROPOSED PARCEL LINE EXISTING BOUNDARY LINE TO REMAIN — EXISTING BOUNDARY LINE TO BE DELETED SCALE: 1 "=50' BUILDING LEGEND EX BLDG OUTLINE Line Table Line # Direction Length L 1 N11 °40'00"W 12.00' L2 N78 20'00 E 26.00' L3 N6440'00"W 26.28' L4 N25°2000'E 79.40' Curve Table Curve# Delta Radius Length- Cl 13°5920" 449.76' 109.81' No. 8516 Exp.12/31/20 THIS MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION PAUL D. CRAFT, P.L.S. 8516, LICENSE RENEWAL DATE: 12/31/20 SHEET 2 OF 3 Zoning Administrator -July 25, 2019 Item No. 5b Additional Materials Received at Meeting STAFF Matthews Residence Lot Merger (PA2018-040) OWNERS EXHIBIT "C" CITY OF NEWPORT BEACH LOT MERGER NO. LM 2018-002 (SITE PLAN) EXISTING PARCEL NUMBER M L�� JOHN W. MATTHEWS & 117-652-10 KIRSTEN ENGRID MATTHEWS, HUSBAND LOT 40; 1712 PARCEL 1 AND WIFE AS JOINT TENANTS JOHN W. MATTHEWS AND KIRSTEN ENGRID MATTHEWS, HUSBAND AND WIFE AS JOINT TENANTS AND ENGRID 0. MATTHEWS AS THEIR INTEREST APPEAR OF RECORD. HOLIDAY ROAD Qi / b � 0 ohy PARCEL 1 ti GROSS: 0.66 ACRES v e NET: 0.66 ACRES GROSS: 28,910 SO. FM NET: 28,910 SQ. FT. 13.5' Q�tii o Q4 �^O QQ�v Oo � r 57' 0 G✓7eGvv11" 9�D/9�9�3 //\'LSse�9p �G 6.1' F] 131.52' 479' 117-652-23 PARCEL 1; 1718 NOTE: PARCEL 1 THIS PLAN WAS PREPARED USING MEASURED DATA PER FIELD SURVEY COMPLETED OCTOBER 2017 LINE LEGEND PROPOSED PARCEL LINE 23. V EXISTING BOUNDARY LINE TO REMAIN EXISTING BOUNDARY LINE TO BE DELETED del SCALE: 1"=50' BUILDING LEGEND EX BLDG OUTLINE Line Table Line# Oirecftbn Length L1 N11'40'00'W 12.00' L2 N78 2000E 26.00' L3 N6404000"W 2628' L4 N25 20'00 E 79.40' Curve Table Curve # Delta Radius Length C1 13`5920" 449.76' 109.81' No. 8516 Exp. 12/31/20 THIS MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION PAUL D. CRAFT, P.L.S. 6516, LICENSE RENEWAL DATE: 12/31/20 SHEET 3 OF 3