HomeMy WebLinkAbout20190926_Staff_Report07/25/19
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 26, 2019
Agenda Item No. 7
SUBJECT: Owens Residence (PA2019-151)
Coastal Development Permit No. CD2019-040
SITE LOCATION: 2642 Crestview Drive
APPLICANT: Eric F. Mossman
OWNER: Robert Owens, Trustee of Robert Owens Trust
PLANNER: Patrick Achis, Planning Technician
949-644-3237, pachis@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: Single-Unit Residential Detached (RSD-B)
Zoning District: Single-Unit Residential (R-1)
Coastal Land Use Plan Category: Single-Unit Residential Detached (RSD-B) – (6.0
-9.9 DU/AC)
Coastal Zoning District: Single-Unit Residential (R-1)
PROJECT SUMMARY
A coastal development permit to allow the demolition of an existing single-family
residence and the construction of a new three-story, 2,564 square-foot, single-family
residence with an attached 623 square-foot, two-car garage. The project also includes
additional appurtenances such as walls, fences, patios, drainage devices, and
landscaping. The design complies with all applicable d evelopment standards, including
height, setbacks, and floor area limit, and no deviations are requested.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to 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
3)Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2019-040 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject property is located in the R-1 (Single-Unit Residential) 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. A coastal
development permit is required and the property is not eligible for a waiver for De
Minimis Development because the property is located within the Coastal
Commission Appeal Area.
The property currently consists of one legal lot developed with a single-story, single-
family residence. The neighborhood is predominantly developed with one- and two-
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 consistent with applicable development
standards.
The proposed single-family dwelling and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
parking as evidenced by the project plans and illustrated in Table 1 below.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front 10 feet 10 feet
Sides 3 feet 3 feet
Rear 10 feet 10 feet
Allowable Floor Area (max.) 5,440 square feet 3,187 square feet
Allowable 3rd Floor Area (max.) 408 square feet 357 square feet
Open Space (min.) 408 square feet 478 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24 feet flat roof
29 feet sloped roof
24 feet flat roof
29 feet sloped roof
Vehicular access is provided at the rear of the property via a 20-foot City easement.
A 10-foot portion of easement located on the subject property (and the other 10 feet
is located on the property to the south). The access easement is utilized as an alley
and no above grade structures are permitted in order to allow unobstructed vehicle
access.
Hazards
The property is not located on the shoreline. The finished floor elevation of 14.33 feet
North American Vertical Datum of 1988 (NAVD 88) exceeds the minimum 9 feet
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(NAVD 88) standard by more than five feet. Impacts from sea level rise is not
anticipated at this time for the 75-year life of the proposed improvements.
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
(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.
Water Quality
The property is not located within 100 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 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.
Implementation Plan Section 21.30A.040 (Public Access and Recreation) 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 replaces an existing single-family residence located on standard R-1 lot
with a new single-family residence. The Bayshores Community, a gated community,
does not provide public access. The replacement of the existing residence with a
new residence 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 not located adjacent to a coastal view road, public access way, or
coastal viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is at Lower Castaways Park, approximately 600 feet northeast, and is not
visible from this vantage point.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 (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.
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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 the
demolition of one single-family residence and the construction of a new 2,589-square-
foot, single-family residence, including an attached 623-square-foot, two-car garage.
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:
MKN/pa
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO. ZA2019-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2019-040 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE AND ATTACHED TWO-CAR
GARAGE LOCATED AT 2642 CRESTVIEW DRIVE (PA2019-151)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Eric F. Mossman, Project Architect, with respect to property
located at 2642 Crestview Drive, requesting approval of a coastal development permit.
2. The lot at 2642 Crestview Drive is legally described as Lot 62 of Tract 1014.
3. The applicant proposes a coastal development permit to allow the demolition of an existing
single-family residence and the construction of a new three-story, 2,564-square-foot,
single-family residence with an attached 623-square-foot, two-car garage. The project also
includes additional appurtenances such as walls, fences, patios, drainage devices, and
landscaping. The design complies with all applicable development standards, including
height, setbacks, and floor area limit, and no deviations are requested.
4. The subject property is designated Single-Unit Residential Detached (RSD-B) by the
General Plan Land Use Element and is located within the Single-Unit Residential (R-1)
Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single-Unit Residential Detached (RSD-B [6.0 – 9.9 DU/AC]) and it is located
within the Single-Unit Residential (R-1) Coastal Zone District.
6. A public hearing was held on September 26, 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.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, 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), because it has no potential to have a significant effect
on the environment.
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2. 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 the
demolition of one single-family residence and the construction of a new 2,589-square-
foot, single-family residence, including an attached 623-square-foot, two-car garage.
3. The exceptions to this categorical exemption 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.
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:
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 5,440 square feet and the proposed floor area
is 3,187 square feet.
b. The proposed development provides the minimum required setbacks, which are 10
feet along the front property line abutting Crestview Drive, 3 feet along each side
property line, and 10 feet along the rear property line abutting the alley.
c. The highest guardrail is less than 24 feet from established grade (12.93 feet North
American Vertical Datum of 1988 [NAVD 88]) and the highest ridge is no more than
29 feet from established grade, which comply with the maximum height
requirements.
d. The project includes garage parking for a total of two vehicles, complying with the
minimum two-car garage parking requirement for single-family residences with less
than 4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with one- and two-story, single-family
residences. The proposed design, bulk, and scale of the development is consistent with
the existing neighborhood pattern of development.
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3. The development is located on an inland property in a developed area approximately
450 feet from the bay. The project site is separated from the bay (the nearest body of
water) by The Bayshore Apartment complex and Newport Marina, as well as several
rows of residences. The finished floor elevation of the first floor of the proposed structure
is 14.33 feet based on the North American Vertical Datum of 1988 (NAVD 88), which
complies with the minimum 9.0-foot (NAVD 88) elevation standard for new structures.
The identified distances from the coastal hazard areas coupled with the 9.0 -foot NAVD
88 finish floor elevation will help to ensure the project is reasonably safe for the
economic life of the structure.
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 (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. A Construction Erosion Control Plan was provided to implement temporary Best
Management Practices (BMPs) during construction to minimize erosion and sedimentation
and to minimize pollution of run-off and coastal waters derived by construction chemicals
and materials. The project design also addresses water quality through the inclusion of 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
(Landscaping). 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.
7. The project site is not located adjacent to a coastal view road, public access way, or coastal
viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is at
Lower Castaways Park, approximately 600 feet northeast, and is not from this vantage
point.
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 located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Public Access and Recreation) 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 replaces an
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existing single-family residence located within an existing gated community on standard
R-1 lot with a new single-family residence. The Bayshores Community, a gated
community, does not provide public access. The replacement of existing residence with a
new residence does not involve a change in land use, density or intensity that will result in
increased demand on public access and recreation opportunities. Access points to the
shore can be found along Coast Highway and Castaways Park.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No.CD2019-040, subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
2. The Zoning Administrator of the City of Newport Beach hereby finds this Project exempt
from the California Environmental Quality Act 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.
3. This action shall become final and effective 14 days following the date t his 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 act ion 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 26th DAY OF SEPTEMBER, 2019.
_____________________________________
Rosalinh Ung, 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. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
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.
3. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
4. 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 run-off. 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.
5. 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.
6. 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.
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7. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
8. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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
plant species and water efficient irrigation design. The plans shall be approved by the
Planning Division.
16. 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 trim ming.
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.
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17. 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.
18. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the c onditions of this approval by the current
property owner or agent.
19. This Coastal Development Permit No. CD2019-040 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.
20. 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 Owens Residence including, but not limited to, Coastal Development Permit
No. CD2019-040 (PA2019-151). 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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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Coastal Development Permit No. CD2019-040
(PA2019-151)
2642 Crestview Drive
Subject Property
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Attachment No. ZA 3
Project Plans
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