HomeMy WebLinkAbout20200924_ZA_Staff ReportCITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 24, 2020
Agenda Item No. 2
SUBJECT: Garrett Investement Group, LLC Demolition (PA2019-267)
Coastal Development Permit No. CD2019-074
SITE
LOCATION: 622, 622 ½, 624 and 624 ½ Clubhouse Avenue
APPLICANT: John T. Morgan Jr.
OWNER: Garrett Investment Group, LLC
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221 or mwhelan@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: RT (Two Unit Residential)
Zoning District: R-2 (Two-Unit Residential)
Coastal Land Use Plan Category: RT-D (Two Unit Residential) (20.0 29.9
DU/AC)
Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
The applicant proposes to demolish an existing 950-square-foot nonconforming fourplex
and a 400-square-foot, two-car garage. The existing property is comprised of two lots
developed as a fourplex. No new construction is proposed at this time.
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) of the CEQA Guidelines, California Code of Regulations, Title 14, Division
6, Chapter 3, because it has no potential to have a significant effect on the environment.
The exceptions to this categorical exemption under Section 15300.2 are not applicable;
and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2019-074 (Attachment No. ZA 1).
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Garrett Investment Group, LLC Demoltion (PA2019-267)
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DISCUSSION
Land Use and Zoning
The project includes the demolition of an existing fourplex, a two-car garage, and
appurtenant facilities. The existing fourplex is developed over an underlying interior
lot line and the property is comprised of two legal lots. The demolition of a fourplex
does not qualify for the Categorical Exclusion Order No. CE-5-NPB-16-1-A1;
therefore, a coastal development permit (CDP) is required. The future redevelopment
of the individual lots for use as a single-family or two-unit development would not
require a CDP and would qualify for the Categorical Exclusion Order. No new
construction is proposed at this time.
The application and demolition plan were deemed complete prior to December 31,
2019. Therefore, the future project of a single-family or two-unit development is
compliant with the provisions of Senate Bill SB330.
The existing structure on the property is nonconforming due to density and parking,
as it contains four dwelling units and only a two-car-garage. The Planning and Zoning
Code (Title 20) and Local Coastal Program Implementation Plan (Title 21) of the
Newport Beach Municipal Code (NBMC) allow for up to two dwelling units maximum
on-site and require a minimum of two parking spaces per dwelling unit (one enclosed
and one covered). Any future redevelopment on the subject property would be
required to comply with Title 20 and Title 21 requirements related to density and
parking. Therefore, demolition of the existing structures would remove an existing
nonconforming use with deficient parking.
Although the project includes the demolition of four dwelling units in the coastal zone,
the project is exempt from Chapters 20.34 and 21.34 (Conversion of Demolition of
Affordable Housing) of the NBMC. The project is exempt because the City has less
than 50 acres (in aggregate) of privately owned, vacant land available for residential
Water Quality
The demolition addresses water quality with an erosion control demolition plan that
includes sandbags and erosion control notes. The sites are comprised of sand
instead of soil, so the sandbags are adequate for any runoff. Temporary fencing will
be erected to border the site and hold the sandbags in place during demolition.
Public Access and Views
The bay is approximately 70 feet from the subject property at the terminus of
Clubhouse Avenue. There is existing two-story development directly on the bay and
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between the subject property and the bay so there are no existing views afforded
from the subject property. Prior to and after demolition, temporary construction
fencing would be erected along the property lines for safety and water quality
purposes. The temporary construction fencing would only be in place as required by
the Building Division. The applicant has provided a project description that details
redevelopment plans for the lots and it is attached as Attachment No. ZA 3.
Vertical public access to the bay is available near the site at the terminus of
Clubhouse Avenue and the bay. Lateral access is available on the beach at the
terminus of Clubhouse Avenue. The project does not include any features that would
obstruct public access along these routes.
ENVIRONMENTAL REVIEW
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 of multi-family and up to four-unit residences and
additions of up to 10,000 square feet to existing structures. The proposed project consists
of the demolition of four dwelling units and a two-car garage.
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.
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. Notice of the filed
application was also posted on the site shortly after filing.
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
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Development Director in accordance with the provisions of Title 21 (Local Coastal Program
Implementation Plan) of the NBMC. Final action taken by the City may be appealed to the
Coastal
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:
BMZ/msw
Attachments:
ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Description from Applicant
ZA 4 Project Plans
4
Attachment No. ZA 1
Draft Resolution
5
05-14-19
RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2019-074 TO
DEMOLISH AN EXISTING 950-SQUARE-FOOT
NONCONFORMING FOURPLEX AND 2-CAR GARAGE
LOCATED AT 622, 622 ½, 624 AND 624 ½ CLUBHOUSE AVENUE
(PA2019-267)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by John T. Morgan Jr. (Applicant), with respect to property located
at 622, 622 ½, 624 and 624 ½ Clubhouse Avenue (Property), requesting approval of a
coastal development permit (CDP).
2. The lots at 622 and 624 Clubhouse Avenue are legally described as Lot 12 and Lot 13,
Block 634, of Canal Section Newport Beach.
3. The Applicant proposes to demolish an existing 950 square-foot nonconforming fourplex
and 2-car garage (Project). No new construction is proposed at this time. Future
redevelopment of a single- or two-family home will require a Categorical Exclusion Order
Exemption and a building permit. A construction erosion control plan will be implemented
during and after demolition.
4. The Property is designated RT (Two Unit Residential) by the General Plan Land Use
Element and is located within the R-2 (Two-Unit Residential) Zoning District.
5. The Property is located within the coastal zone. The Coastal Land Use Plan category is
RT-D (Two Unit Residential) (20.0 29.9 DU/AC) and it is located within the R-2 (Two-
Unit Residential) Coastal Zone District.
6. A public hearing was held online via Zoom on September 24, 2020, observing restrictions
due to the Declaration of a State of Emergency and Proclamation of Local Emergency
related to COVID-19. 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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Zoning Administrator Resolution No. ZA2020-###
Page 2 of 7
02-03-2020
2. Class 3 exempts the demolition of up multi-family residences including up to four-unit
dwellings. The proposed Project consists of the demolition of four dwelling units and a
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 (NBMC), 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 Project includes the demolition of an existing fourplex, a two-car garage, and
appurtenant facilities. The future redevelopment of the lots for use as a single-family or
two-unit residential development would not require a CDP and would be allowed with a
Categorical Exclusion Order Exemption and a building permit. No new construction is
proposed with this approval.
2. The existing structure on the property is nonconforming due to density and parking, as it
contains four dwelling units and only a two-car-garage. The Planning and Zoning Code
(Title 20) and Local Coastal Program Implementation Plan (Title 21) of the Newport Beach
Municipal Code (NBMC) allow for up to two dwelling units maximum on-site and a
minimum of two parking spaces per dwelling unit (one enclosed and one covered). Any
future redevelopment on the subject property would be required to comply with Title 20
and Title 21 requirements related to density and parking. Therefore, demolition of the
existing structures would remove an existing nonconforming use with deficient parking.
3. Although the Project includes the demolition of four dwelling units in the coastal zone, the
Project is exempt from Chapters 20.34 and 21.34 (Conversion of Demolition of Affordable
Housing). The Project is exempt because the City has less than 50 acres (in aggregate) of
privately owned,
three miles therefrom.
4. The demolition addresses water quality with an erosion control demolition plan that
includes sandbag layout and erosion control notes. The sites are comprised of sand
instead of soil, so the sandbags are adequate for any run off. Temporary fencing at the
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Zoning Administrator Resolution No. ZA2020-###
Page 3 of 7
02-03-2020
minimum height required will be erected to border the site and will hold the sandbags in
place.
5. The bay is approximately 70 feet from the subject property at the terminus of Clubhouse
Avenue. There is existing two-story development directly on the bay and between the
subject property and the bay so there are no existing views afforded from or surrounding
the subject property that would be impacted by the demolition. Prior to and after demolition,
temporary construction fencing would be erected along the property lines for safety and
water quality purposes.
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 .
Facts in Support of Finding:
1.The Project is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public access bear
be
proportional to the impact. In this case, the Project removes a nonconforming residential
structure prior to redevelopment of the site with conforming residential structures. The
Project will not result in a change of land use that would result in increased demand on
public access and recreation opportunities. Furthermore, any future redevelopment of
Property will be required to be designed and sited (appropriate height, setbacks, etc.) so
as not to block or impede existing public access opportunities.
2. Vertical public access to the bay is available near the site at the terminus of Clubhouse
Avenue and the bay. Lateral access is available on the beach at the terminus of Clubhouse
Avenue. The project does not include any features that would obstruct public access along
these routes.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this Project is categorically
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, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment. The exceptions to this categorical
exemption under Section 15300.2 are not applicable.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2019-074, subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
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Zoning Administrator Resolution No. ZA2020-###
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02-03-2020
3. 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
Sections 13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF SEPTEMBER, 2020.
9
_____________________________________Jaime Murillo, Zoning Administrator
Zoning Administrator Resolution No. ZA2020-###
Page 5 of 7
02-03-2020
CONDITIONS OF APPROVAL
1. The development (the demolition of an existing fourplex, garages, and appurtenant
facilities) shall be in substantial conformance with the approved demolition stamped and
dated with the date of this approval (except as modified by applicable conditions of
approval).
2. 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.
3. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
4. This Coastal Development Permit does not authorize any new construction, only the
demolition of the existing fourplex and appurtenant structures on-site.
5. All temporary construction fencing erected shall only be the minimum required. Said
temporary fencing shall be well maintained and shall be kept free of graffiti. While the site
is vacant and pending redevelopment, it shall also be well maintained and kept free of
rubbish or overgrown weeds.
6. 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.
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02-03-2020
7. 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/CPPP.
8. 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.
9. 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. Stockpiles 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.
10. 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.
11. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
12. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
13. 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.
14. This CDP 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.
15. Prior to the issuance of building permits for demolition, the Applicant shall submit a final
construction erosion control plan/CPPP. The plan shall be subject to the review and
approval by the Building Division.
16. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
plans.
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 conditions of this approval by the current
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Zoning Administrator Resolution No. ZA2020-###
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02-03-2020
property owner or agent.
19. This Coastal Development Permit No. CD2019-074 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 NBMC, 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
sts) of every kind and nature
approval of Garrett Investment Group LLC Demoltion CDP including, but not limited to,
Coastal Development Permit No. CD2019-074 (PA2019-267). 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.
12
Attachment No. ZA 2
Vicinity Map
13
VICINITY MAP
Coastal Development Permit No. CD2019-074
PA2019-267
622, 622 ½, 624 and 624 ½ Clubhouse Avenue
Subject Property
14
Attachment No. ZA 3
Project Description from the Applicant
15
From: jtmorganarchitect@ca.rr.com
Sent: Monday, September 14, 2020 12:41 PM
To: Whelan, Melinda
Subject: Re: I really need that description.
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Hi Melinda,
new single family residences, one on each existing lot.
They anticipate that once the demolition is completed, that the construction phase will begin
within 2 to 3 months.
John Morgan
sorry some sort of email issue over here ..
From: Whelan, Melinda
Sent: Monday, September 14, 2020 12:03 PM
To: John Morgan
Subject: I really need that description.
16
Tmplt: 07/25/19
Attachment No. ZA 4
Project Plans
17
ADDRESS: #622CLUBHOUSE AVENUE15.05.07.30TC6.790"7.37TC6.84FLSIGNWMACACACCONC.21.67RIDGE8.488.547.7411.42TW7.44MAILBOXES7.437.457.38SEWER CO.7.819.26FF27.37T.O.R.7.908.558.0218.36TW8.8718.27TW8.78GF8.558.528.428.34FS8.878.628.508.51CONC.CONC.CONC.CONC.CONC.CONC.CONC.5.09.96.33.1X XXXPCONC.CONC.CONC.CONC.CONC.CONC.0.111.63.0CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.DIRTCONC.DIRTDIRTL=30.08'9.2ADDRESS: #6260"7.25TC'X'WM7.346.75ACACACAC7.17LS4184CONC.MAILBOXES7.35CONC.CONC.7.348.1327.48T.O.R.9.20FF7.928.62GAS METERS7.928.228.08FL8.46FF8.288.60P8.6818.36TW8.828.498.918.24PCONC.CONC.CONC.CONC.CONC.CONC.WATERHEATERCONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.4.02.44.09.98.8CONC.LEGAL DESCRIPTION:624 & 624 1/2 CLUBHOUSE AVENUENEWPORT BEACHLOTS 12 & 13, BLOCK 634 OF CANAL SECTION AS PERMAP RECORDED IN BOOK 4, PAGE 98 OFMISCELLANEOUS MAPS, RECORDS OF ORANGECOUNTY, CALIFORNIA.GARRETT INVESTMENT GROUPCOUNTY OF ORANGE BENCH MARK#J 782, ELEVATION = 6.98 NAVD 88 DATUMDESCRIPTIONLEGENDX X(123.45)( )P.P.WMF.F.G.F.CONC.F.S.M.H.PA.C.T.G.DECKBRICKWALLFENCEMEAS. ELEVATIONSREC. BRG. & DIST.BUILDINGPROPERTY LINEPOWER POLEWATER METERFINISH FLOORGARAGE FLOORCONCRETEFINISH SURFACEMAN-HOLEPLANTERASPHALTTOP-GRATENATURAL GRADEN.G.BENCH MARKRdM SURVEYING INC.RON MIEDEMA L.S. 465323016 LAKE FOREST DR. #409LAGUNA HILLS, CA 92653(949) 858-2924 OFFICE(949) 858-3438 FAXRDMSURVEYING@COX.NETTOPOGRAPHIC SURVEY DATE: 7/25/19OWNER:BENCH MARK:ADDRESS OF PROJECT:BSTP BELOW STOOPADDRESS: #624 0.10.18.78GF8.78GF8.88.87ADDRESS: #624ADDRESS: #62210.01020 HUNTINGTON DRIVESAN MARINO, CA 9110818
Sept. 24, 2020, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item 2. Garrett Investment Group, LLC Demolition Coastal
Development Permit No. CD2019-074 (PA2019-267)
This application to demolish four existing dwelling units with no firm commitment regarding what
is to replace them is concerning both as to (1) its impact on the City’s RHNA obligations and (2)
its compliance with state law.
The staff report refers to the subject property as consisting of two lots on which an “existing
fourplex is developed over an underlying interior lot line,” and although it is apparently not part
of the application, “Project Description from Applicant” of Attachment ZA 3 (received on
September 14, 2020) states the plan is to build a single-family home on each lot. That would
result in a net loss of two units.
However, the current status of the two lots seems less clear since the City’s mapping
application shows a single property with a single Assessor’s Parcel Number and no interior
property line.
Our General Plan and Zoning Maps similarly show a single “double-wide” R-2 property at this
location. Since a single-family home is allowed on an R-2 property, those appear to leave open
the possibility this particular property could be authorized for redevelopment with a single home
(the proposed resolution is notably ambiguous as to whether the future development of “the lots”
could be together rather than separately). That would represent a net loss to the City of three
units, as well as a loss of the already limited coastal housing opportunities. It would also raise
concerns about gentrification and compatibility with nearby development.
Zoning Administrator - September 24, 2020
Item No. 2a Additional Materials Received After Deadline
Garrett Investment Group, LLC Demolition CDP (PA2019-267)
September 24, 2020, ZA agenda Item 2 comments - Jim Mosher Page 2 of 3
The property adjacent on the north has apparently also been merged relative to the original
“Canal Section” subdivision, although unlike those, if the 1907 lot lines still have significance,
the only things built over them on this site seems to be a connecting second floor balcony:
If the lots are indeed separate, I am not sure why this is regarded as “fourplex” rather than the
two connected duplexes it appears to be.
However that may be, of equally major concern is the credibility of the statement on page 2 of
the staff report that this proposal is exempt from the provisions of Senate Bill SB 330 because
“The application and demolition plan were deemed complete prior to December 31, 2019.”
According to the online “Case Log” the application was not submitted until December 23, 2019.
In the absence of some verifiable and clearly specified date on which the application was
deemed complete, it is difficult to believe that could have occurred before December 31. First,
most of the City Hall was reportedly closed, all day, from December 24 (the day after
submission) through January 1. Second, the project description of Attachment ZA 3, which, from
the planner’s message (handwritten page 16) seems to be a “really needed” part of the
application, was no provided until September 14, 2020.
As to the proposed resolution:
(handwritten) Page 6, Section 1.6: “A public hearing was held online via Zoom on September
24, 2020, observing restrictions due to the Declaration of a State of Emergency and
Proclamation of Local Emergency related to COVID-19.” [? This possible “correction” is being
suggested only to create uniformity with the way this was phrased in previous Zoning
Administrator resolutions and in the others on the present agenda. I believe they all refer to
Governor Newsom’s March 4, 2020, proclamation (rather than “declaration”). The language
used in the other resolutions notwithstanding, “State of Emergency” sounds more accurate to
me, although “statewide emergency” might be more descriptive.]
Zoning Administrator - September 24, 2020
Item No. 2a Additional Materials Received after Deadline
Garrett Investment Group, LLC Demolition CDP (PA2019-267)
September 24, 2020, ZA agenda Item 2 comments - Jim Mosher Page 3 of 3
Page 6, Section 2.1: “This Project is categorically exempt pursuant to Title 14 Division 6 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.”
[Note: this correction makes the reference more clear (there are Chapter 3’s in other Divisions
of Title 14), however the correct exemption for demolition appears to be “Class 1” (not 3) as
described in Section 15301(l)(2). See suggested page 8 correction, which would apply here as
well.]
Page 7, Section 2.2: “Class 3 1 exempts the demolition of up multi-family residences including
up to four-unit dwellings.”
Page 7, Section 3.A.2: I do not understand the statement “The existing structure on the property
is nonconforming due to density.” The staff report suggested this is two R-2 lots which would
allow four units, but this statement suggests it is a single R-2 lot with a maximum capacity of two
units. Or is this referring to the 20.0 - 29.9 DU/AC in the Land Use Plan? If so, the lot 0.1 acres
and four units would give a non-compliant 40 DU/AC. But the “normal” R-2 lot in this tract is 0.05
acres, so a duplex on them is also 40 DU/AC.
Page 7, Section 3.A.3: What does the phrase “available for residential use” mean? Banning
Ranch is more than 50 acres within the coastal zone. Is it “available”? And is it “vacant”?
Page 8, Section 4.1: “The Zoning Administrator of the City of Newport Beach hereby finds this
Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15303 15301 under Class 3 1 (New Construction or Conversion of Small
Structures Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because it has no potential to have a significant effect on the
environment. The exceptions to this categorical exemption under Section 15300.2 are not
applicable.” [see page 6 comment, above]
Zoning Administrator - September 24, 2020
Item No. 2a Additional Materials Received after Deadline
Garrett Investment Group, LLC Demolition CDP (PA2019-267)