HomeMy WebLinkAbout20210121_Resolution_PC2021-003Community Development Department
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
VIA EMAIL
January 22, 2021
Mr. and Mrs. Robert DeCaro
Rdecaro2@cox.net
Subject:
Address:
Decaro Residence (PA2020-072)
• Variance No. VA2020-002
• Coastal Development Permit No. CD2020-021
5406 and 5408 Neptune Avenue
Dear Mr. and Mrs. DeCaro,
It was a pleasure working with you on the above referenced application. Please be
advised that the subject application was approved by the Planning Commission on
January 21, 2021 and is now within the required City appeal period until February
5, 2021. If no appeals are filed with the City, a Notice of Final Action will be mailed to
the California Coastal Commission. Upon receipt of the notice by the Coastal
Commission, the action will be subject to an additional 10-working-day appeal period.
You may track status of the Coastal Commission appeal period via the following link:
Statewide Appealable Projects PDF
At the conclusion of both appeal periods, a building permit may be issued for the
project.
A copy of the approved and signed resolution with findings and conditions will be sent
to you once it is available. If you have any questions, please do not hesitate to contact
me directly. Thank you and I look forward to working with you again in the future.
Sincerely,
pachis@newportbeachca.gov, 949-644-3237
RESOLUTION NO. PC2021-003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA APPROVING VARIANCE NO. VA2020-002 AND COASTAL DEVELOPMENT PERMIT NO. CD2020-021 TO ALLOW AN ADDITION TO AN EXISITING DUPLEX LOCATED AT 5406 AND 5408 NEPTUNE AVENUE (PA2020-072)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS.
1. An application was filed by RA Jeheber Residential Design, Inc. (“Applicant”) on behalf of Robert E. DeCaro and Lenora DeCaro, husband and wife as Community Property Owners (“Owner”) with respect to property located at 5406 and 5408 Neptune Avenue, in the City of Newport Beach, and legally described as Lots 7 and 8, Block 54, River Section, as per
map recorded in Book 4, Page 25 of Miscellaneous Maps, in the Office of the Counter
Recorder, as more specifically described on Exhibit “A,” attached (“Property”). 2. A variance and coastal development permit to allow a 1,732-square-foot addition to an existing 1,989-square-foot duplex. The addition would encroach 5 feet into the required
10-foot rear yard setback and 15-foot third floor rear stepback. Implementation of the
project would result in a 29-foot-tall, three-story, 3,137-square-foot duplex with an attached 584-square-foot, three-car garage and one tandem carport. Except for the requested rear setback and corresponding stepback deviations, the project would comply with all other development standards such as floor area, height limits, and
setbacks.
3. The Property is designated Two Unit Residential (RT) by the City of Newport Beach General Plan (“General Plan”) Land Use Element and is located within the Two Unit Residential (R-2) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Two Unit Residential (RT-D) - (20.0 - 29.9 DU/AC) and it is located within the Two Unit Residential (R-2) Coastal Zone District.
5. A public hearing was held online on January 21, 2021, due to the Declaration of a State
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 California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both
written and oral, was presented to, and considered by, the Planning Commission at this
hearing.
Planning Commission Resolution No. PC2021-003 Page 2 of 16
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15303, Article 19, of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment.
2. Class 3 exempts the construction of limited numbers of new, small structures, including an addition to a residential duplex. The proposed project is a 1,732 square foot addition to an existing duplex located within the R-2 (Two-Unit Residential) Zoning District.
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. Variance
In accordance with NBMC Subsection 20.52.090(F) (Variances – Findings and Decision), the following findings and facts in support of such findings are set forth: Finding:
A. There are special or unique circumstances or conditions applicable to the subject
property (e.g., location, shape, size, surroundings, topography, or other physical
features) that do not apply generally to other properties in the vicinity under an identical zoning classification.
Facts in Support of Finding: 1. The subject property is uniquely disadvantaged with an oversized front setback compared to neighboring lots in the vicinity. Both the Zoning Code and Implementation
Plan of the Local Coastal Program establish a default front setback requirement of 20
feet, unless a reduced setback is shown on an official setback map. Of the 86 R-2-zoned parcels to the north and south of Neptune Avenue, the subject property is only one of three lots not identified on the S-1B Setback Map (West Newport) with reduced setbacks. The subject property and the other two lots unacknowledged by the setback
map were part of a re-subdivision that produced a unique lot configuration.
2. Because the setback map does not establish a reduced front yard setback similar to other lots in the area, the more restrictive default front setback of 20 feet applies to the property. In addition to the 20-foot default front setback, a rear yard setback of 10-feet
Planning Commission Resolution No. PC2021-003 Page 3 of 16
is required on River Avenue. In this way, the property dedicates a considerable setback depth of 30-feet (front plus rear setback), which is unusual for the area. Other lots would
have a 10-foot front yard and a 10-foot rear yard setback (20 feet combined). Compared
to other properties in the area under the same zoning classification, the combined setback depth for the property is 50 percent larger. 3. Most properties surrounding the subject site enjoy much shorter front setbacks, ranging
from 5 to 10 feet for other R-2-zoned properties along both sides of Neptune Avenue
and 0 to 5 feet for the larger R-1 zoned properties north of River Avenue. The lots also are required to provide rear setbacks of 10 feet, resulting in combined front and rear setbacks ranging from only 15 feet to 20 feet. The third-floor rear stepback is measured from the rear setback line. Since the proposal would encroach 5 feet into the rear
setback, the proposal would correspondingly also encroach 5 feet into the third-floor
rear stepback. 4. Considering the lot is similarly sized and oriented to other R-2-zoned lots along Neptune Avenue and River Avenue, the default setbacks of the Property are disproportionate and
constitutes substantial deprivation and unnecessary hardship for improvements to the
property. Finding:
B. Strict compliance with Zoning Code requirements would deprive the subject property of
privileges enjoyed by other properties in the vicinity and under an identical zoning
classification. Facts in Support of Finding:
1. See Facts in Support of Findings A.1 to A.4. 2. Without the requested setback and third floor stepback relief, application of the default 20-foot front setback and 10-foot rear setback would constitute an impingement on the
Applicant’s right to develop the Property.
3. The subject property’s unusually large setbacks reduce the area where a structure can be located on the site (also known as the buildable area). Out of all the R-2-zoned lots on Neptune Avenue, the subject lot dedicates the highest percentage of lot area to
setbacks at 41 percent, resulting in only 59 percent of the lot as buildable. On average,
the subject property has 6 to 7 percent more lot area dedicated to setbacks than the other lots on Neptune Avenue. Typical setback dedications along Neptune Avenue are 32 to 36 percent. On the 4900 block of Neptune Avenue’s north side, lots measure a depth of 109 feet, but only 35 percent of the lot area is dedicated to setbacks. At a similar
lot depth of 107 feet, the subject lot is deprived of 6 percent of lot area not within setback
areas than the 4900 block. With the proposed 5-foot rear setback, the subject lot’s area dedicated to setbacks would be roughly 2 percent higher (37 percent) than others along Neptune Avenue. Thus, the property’s combined setback depth is higher than other similarly zoned lots in the area and may warrant relief through a variance.
Planning Commission Resolution No. PC2021-003 Page 4 of 16
4. Although the two neighboring lots on the block share the same default 20-foot front setback, neither property complies. The structure at 5403 River Avenue is legal
nonconforming under an approved modification permit request (PA2002-055) from 2002
that allowed both a 5-foot front setback off River Avenue and a 10-foot rear setback on Neptune Avenue. River Avenue’s designation as the front setback for the 5403 site was only for the purposes of the modification permit request that allowed an encroachment to be 5 feet away from the property line off River Avenue. This allowance was granted
based on the setbacks maintained by the structures and carports along River Avenue,
including consistency with the subject site. The modification permit did not change the setbacks for the subject block. As explained previously, development at the subject property and the two neighbors east have not followed regular setbacks. The 5403 River Avenue site provides an approximate combined setback depth of 15 feet (front setback
plus rear setback). While City records for 117 54th Street are limited, GIS analysis of the
nonconforming structure approximates existing setbacks of 10 feet for River Avenue and 8.5 feet for Neptune Avenue frontages (combined 18.5-foot setback depth). Setback depths for 5403 River Avenue and 117 54th Street are more consistent with the allowable setbacks elsewhere along Neptune Avenue than the subject site.
Finding:
C. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant.
Facts in Support of Finding: 1. Without the requested setback and third floor stepback relief, application of the default 20-foot front setback and 10-foot rear setback would constitute an impingement on the
Applicant’s right to develop the Property. As mentioned, the subject site is among three
(3) out of 86 R-2-zoned properties along Neptune Avenue not identified on the S-1B Setback Map with reduced setbacks. Granting of the variance would bring the property into greater parity with existing development allowances of the two (2) neighbors on the same block (5403 River Avenue and 117 54th Street) and with the allowed development
standards of other R-2 lots in the vicinity.
2. Combined, the default front and rear setbacks for the property constrain redevelopment at the site an additional 10 to 15 feet beyond what other properties in the vicinity enjoy. Whereas nearly all other R-2-zoned sites along Neptune Avenue use a combined
setback depth of 15 to 20 feet (front setback plus rear setback), the subject property of
similar size is disadvantaged with a total setback depth of 30 feet. Granting a 5-foot rear yard setback and associated 5-foot third floor rear stepback would achieve a scope of work that ensures the preservation of the applicant’s property rights. The goal of the proposed development and variance encroachment requests are to achieve an equal
standing with similar properties along Neptune Avenue, including the two neighboring
properties. The proposed project has design features typical of a duplex, such as garages, decks and patios, and living area. Without approval of the proposed variance for the reduced rear setback, the subject property is unduly penalized, and required to provide more yard space than is required for other lots on Neptune Avenue.
Planning Commission Resolution No. PC2021-003 Page 5 of 16
Finding:
D. Granting of the variance will not constitute a grant of special privilege inconsistent with
the limitations on other properties in the vicinity and in the same zoning district. Facts in Support of Finding:
1. The variance will not constitute a grant of special privilege in that the requested 5-foot encroachment results in combined front and rear setback depth of 25 feet. This combined setback depth is greater than the combined front setback depth of other R-2 lots in the vicinity ranging from 15 feet (5-foot front/10-foot rear) and 20 feet (10-foot
front/10-foot rear).
2. Although the two (2) adjacent lots located at 5403 River Avenue and 117 54th Street are similarly impacted with the same 20-foot front and 10-foot rear default setbacks (30-depth combined), the two (2) properties are nonconforming and enjoy reduced
combined front and rear setback depths of 15 feet and 18.5 feet respectively.
3. See Facts in Support of Finding A.1 to A.4. 4. See Facts in Support of Finding C.1 and C.2.
Finding:
E. Granting of the variance will not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of persons residing or working
in the neighborhood. Facts in Support of Finding:
1. The Project would result in a 29-foot-tall, three (3)-story, 3,153-square-foot duplex with
an attached 584-square-foot, three (3)-car garage and one (1) tandem carport. With the exception of the requested rear setback and third floor stepback deviations, the Project would comply with all other development standards such as floor area, height limits, and setbacks for the front and side yards.
2. Maximum allowed floor area for the Property is calculated based on the lot’s buildable area; that is, the lot’s size minus the setback areas. Maximum allowed third floor area (habitable) is calculated from buildable area as well using a percentage. Although the variance requests a modification to the rear setback and third floor stepback, the formula
for calculating maximum allowed floor area would remain unchanged and neither
maximum gross floor area nor third floor area would be exceeded. 3. The massing of the proposed variance encroachments is visually mitigated by the existing right-of-way. An unusually wide sidewalk and planter right-of-way separates the
Planning Commission Resolution No. PC2021-003 Page 6 of 16
River Avenue curb face and the subject property. The typical sidewalk right-of-way width in the area, including in front of R-2 lots north of Neptune Avenue, is approximately 6
feet. The sidewalk and planter right-of-way between the subject site and the River
Avenue curb face is 17 feet. This right-of-way serves as an additional setback. It creates the appearance that the building is positioned farther back, which reduces the visual mass of the duplex as viewed from River Avenue.
4. The design, including the proposed floor area, maintains a bulk and scale that is
consistent with other allowable development on lots immediately around the subject lot. West of the site is a 26-unit multi-family development (Echo Beach) that averages almost 33 feet in height. Two structures of Echo Beach abut the site and are located within 10 to 14 feet of the subject structure. Directly east, the duplex next door at 5403 River
Avenue is three stories, 29-feet tall, and developed with 4,656 square feet of gross floor
area. To the north, two single-family developments opposite of the site, across River Avenue, have a 0-foot front setback with structures built to the lot line. Finding:
F. Granting of the variance will not be in conflict with the intent and purpose of this section,
this Zoning Code, the General Plan, or any applicable specific plan. Facts in Support of Finding:
1. Granting the variance would not increase the density beyond what is planned for the area, and will not result in additional traffic, parking, or demand for other services. 2. The R-2 zoning designation of the subject site intends to preserve and protect the
neighborhood’s residential character. Required setbacks and third-floor stepbacks
ensure appropriate scale and mass for construction, and they provide light and air to circulate. Without reducing the required rear setback and stepback, the proposed project would have a combined front/rear setback depth of 30 feet and is more extensive than other lots in the area. Consequently, redevelopment at the site would not follow setbacks
and stepbacks of the existing neighborhood development, in which a shorter setback
depth of only 15 to 20 feet is required. 3. Per General Plan Land Use Policy LU 5.1.1 (Compatible but Diverse Development), the variance request would afford the proposed project amenities and features allowed by
the R-2 zoning.
4. In conformance with General Plan Policy LU 5.1.5 (Character and Quality of Two-Family Residential Dwellings), the proposed variance request would provide similar setbacks for the property consistent with the others identically zoned along Neptune Avenue.
3. The Property is not located within a specific plan area.
Planning Commission Resolution No. PC2021-003 Page 7 of 16
Coastal Development Permit
In accordance with NBMC Subsection 21.52.015(F) (Coastal Development Permits - Findings
and Decision), the following findings and facts in support of such findings as set forth: Finding:
G. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding: 1. With the exception of the variance request, the proposed development complies with
applicable residential development standards including, but not limited to, front and side
setbacks, height, and parking as follows: a. The proposed addition to the duplex complies with the height limitations of the Zoning Code, which allows a maximum of 24 feet for flat roofs and 29 feet for
sloped roofs, measured from existing grade.
b. The existing duplex is currently nonconforming due to type and number of parking spaces. A duplex requires four (4) parking spaces (two [2] per dwelling unit), of which two (2) must be provided in a garage. The proposed project would bring the
site’s nonconforming parking into conformance by demolishing the existing carport
to construct a new three (3)-car garage and single covered carport. c. The proposed 767 square feet of open volume area is over double the minimum required of 326 square feet.
2. The Property is located in an area known for the potential of seismic activity and liquefaction and is required to comply with the California Building Code (“CBC”) and City’s 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. 3. The development is set back more than 300 feet from the mean high tide water line. Due
to the distance from coastal waters, a Water Quality Management Plan (WQMP) and a
Construction Pollution Prevention Plan (CPPP) are not required. A post-construction drainage system will be installed that includes drainage and percolation features designed to retain dry weather and minor rain run-off on-site to ensure the project does not impact water quality. Any water not retained on-site is directed to the City’s storm drain system.
4. Proposed landscaping will comply with NBMC Section 21.30.075 (Landscaping). A condition of approval is included that requires drought-tolerant, and prohibits invasive, species. Prior to issuance of building permits, the final landscape plans will be reviewed
to verify invasive species are not planted.
Planning Commission Resolution No. PC2021-003 Page 8 of 16
5. The Property is not between the nearest public road and the sea or shoreline of any
body of water located within the coastal zone. The Coastal Land Use Plan identifies the
closest public coastal viewpoints are over 1,000 feet northwest and east of the site at Newport Shores Park and Sunset Ridge Park. Public views from Newport Shores Park do not orient toward the site, and the property is not located within the direct viewshed of Sunset Ridge Park. As such, the project will not impact public views. The subject site
is located on an inland lot north of the beach and is consistent with the current and future
pattern of development in the area. The existing residential lot does not currently provide nor inhibit public coastal access. The Property is more than 200 feet from the nearest public beach and the proposed development will remain a private residential lot.
Finding:
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.
Fact in Support of Finding: 1. The existing residential lot does not currently provide nor inhibit public coastal access. The property is more than 200 feet from the nearest public beach and the proposed
development will remain a residential lot. The development will not impact public access
to local coastal resources and is not located between the sea or shoreline and the nearest public road. Coastal Variance
In accordance with NBMC Section 21.52.090 (Relief from Implementation Plan Development Standards), the following findings for a variance and facts in support of such findings as set forth:
Finding:
I. The Planning Commission has considered the following:
i. Whether or not the development is consistent with the certified Local Coastal
Program to the maximum extent feasible; and
ii. Whether or not there are feasible alternatives that would provide greater consistency
with the certified Local Coastal Program and/or that are more protective of coastal resources.
Facts in Support of Finding: 1. Granting of a variance will allow the expansion of an existing duplex within the allowable floor area limit and will result in a structure that equitably utilizes its lot area similar to
Planning Commission Resolution No. PC2021-003 Page 9 of 16
other R-2 lots in the surrounding area. The proposed bulk and mass will be to scale with other structures on adjacent lots.
2. The reduced rear setback and third floor stepback is necessary in order to accommodate a reasonably sized addition to the existing duplex that includes providing two (2) additional Code-compliant parking spaces (four [4] spaces total) and that maintains a compliant front setback facing Neptune Avenue.
3. While the Project is requesting variances to rear setback and third floor stepback, it complies with all other applicable residential development standards including, but not limited to, setbacks, open volume area, height limitation, and parking requirements.
4. Disapproval of the variance could result in the inability to redevelop the property
consistent with the allowances of the R-2 zoning designation and that other properties of the same zoning enjoy. Disapproval would also result in the inability to provide the two (2) additional Code-compliant parking spaces that serve to reduce demand for on-street public parking in the area.
5. There are no coastal resources to protect on the Property. Finding:
J. The granting of the variance is necessary due to the practical difficulties associated with
the property and that the strict application of the Implementation Plan results in physical
hardships. Fact in Support of Finding:
1. See Facts in Support of Findings A.1 to A1.4. Finding:
K. The granting of the variance is necessary due to special circumstances applicable to the
property, including location, shape, size, surroundings, topography, and/or other
physical features, the strict application of the development standards otherwise
applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same coastal zoning district.
Facts in Support of Finding: 1. See Facts in Support of Findings B.1 through B.4.
Finding:
L. The variance complies with the findings required to approval a coastal development
permit in NBMC Section 21.52.015(F) (Coastal Development Permits - Findings and Decision).
Planning Commission Resolution No. PC2021-003 Page 10 of 16
Fact in Support of Finding:
1. See Facts in Support of Findings G and I in entirety. Finding:
M. The variance will not result in development that blocks or significantly impedes public
access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs. Fact in Support of Finding:
1. See Facts in Support of Findings G.5 and H.1.
2. The requested 5-foot encroachment into the 10-foot rear setback accommodates the addition of two (2) additional Code-compliant parking spaces. The additional parking serves to reduce demand for on-street public parking in the area that is commonly
utilized for beach access.
Finding: N. The variance will not result in development that blocks or significantly impairs public
views to and along the sea or shoreline or to coastal bluffs and other scenic coastal
areas. Facts in Support of Finding:
1. See Facts in Support of Findings G.5 and H.1.
Finding: O. The variance will not result in development that has an adverse effect, either individually
or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation
or wildlife species. Fact in Support of Finding:
1. There are no coastal resources on the subject property nor are there any in the
immediate area that could be affected by its redevelopment. Finding:
P. The granting of the variance will not be contrary to, or in conflict with, the purpose of this
Implementation Plan, nor to the applicable policies of the Local Coastal Program. Fact in Support of Finding:
Planning Commission Resolution No. PC2021-003
Page 11 of 16
1. See Facts in Support of Finding I in entirety.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this project is
categorically 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, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby approves Variance No.
VA2020-002 and Coastal Development Permit No. CD2020-021, subject to the conditions
set forth in Exhibit "8," which is attached hereto and incorporated by reference.
3. The Variance action shall become final and effective fourteen ( 14) days following the
date this Resolution was adopted, unless within such time an appeal is filed with the City
Clerk in accordance with the provisions of Title 20 Planning and Zoning of the Newport
Beach Municipal Code.
4. The Coastal Development Permit action shall become final and effective fourteen (14) days
following the date this resolution was adopted unless within such time an appeal or call for
review is filed with the City Clerk 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 NBMC Section 21.64.035
(Appeals to the Coastal Commission) and Title 14 California Code of Regulations, Sections
13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 21 th DAY OF JANUARY 2021.
AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand
NOES:
ABSTAIN:
BY: -----------Lauren Kleiman, Secretary
Planning Commission Resolution No. PC2021-003 Page 12 of 16
EXHIBIT “A”
Legal Description
Lot,s 7 and 8, Blo,ck S4, River sect on, as per Map recor-ded
in Book 4, Page 2~ of M acell•n•ous Mapa. in the 0(£ ee of
the C1:>unty Reeord,e of a aid County, together v!. th that
porti,:,n of Section 29, To-wnship e, South,. Range 10 West,
S.B,B . & M., in th• City o! N•..-port Beach, t:al.:.forni a, more
partlsularly deacrib•d •• follow•:
BegiNlin9 at th• mc•t ~••t•rly corn•r of ••id Lot 7, Blo~k
S4, thence North 33° 31' 30" Eaat along a l1ne parallel with
th• South•••terly line oC eaid Lot 7 and a, 134.60 fe•t to
the Southerly lin,e of Mean, High Tide, •• per Supetiot' Co rt
C••• No . 23686, recorded in Book 201, Paqe 2SJ of 0£!1c1al
Records ot ••id Or-an9e County; thence Sout:h 66° 44' te" Ea•t
alon9 ••1d South rly line c! Mean High T1de, l23 .i8 feet to
the N•:>r-t.h•••t.•rly prolorig•tlon o! the Nor-thweater l y I.in• of
!>4th Street, •• shewn on ■aid Hap of IUver S♦eUon; thenc:e
South 330c 31 • 30'" We'st. along a•1d North••• erly prolonqation
of tho.e North..,eeterly l .1ne of 54th Str-eet, l.516.69 !eet to the
Sout.h•uly corner or aaid l,ot 7, Block S4; thcnc:, No!"th 56°
28' 30'" We•t alonQ the Southwesterly Un• 0£ said Lot 7,
122.00 feet to th,e point of beqinn1n9 .
EXCEPTlNO therefrom the South•aeterly 88 .00 C•et .
At.SO EXCEPTING t.herefrorn the Southweuerl)' 30 .00 £eet
the re«> f, be i n9 Neptu1,e Avenue .
Planning Commission Resolution No. PC2021-003 Page 13 of 16
EXHIBIT “B”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
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 project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval. 3. 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
Variance and Coastal Development Permit.
4. Variance No. VA2020-002 and Coastal Development Permit No. CD2020-021 shall expire
unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code and Section 21.54.060 of the
Implementation Plan unless an extension is otherwise granted.
5. The duplex may encroach a maximum of 5 feet into the rear 10-foot setback on River
Avenue as shown on the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval. An additional 6-inch maximum
projection shall be allowed for minor architectural enhancements such as the proposed
cornices and trim elements.
6. Eaves and overhang may encroach a maximum of 6 feet into the rear 10-foot setback on River Avenue as shown on the approved roof plan stamped and dated with the date
of this approval.
7. Enclosed third floor area may encroach a maximum of 5 feet into the rear 15-foot
stepback on River Avenue as shown on the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval.
8. The proposed project shall maintain all decks and patios as open and unenclosed at all
times as shown on the approved site plan, floor plans, and building elevations stamped
and dated with the date of this approval.
9. Prior to the issuance of a building permit, the Applicant shall submit a final landscape
and irrigation plan prepared by a licensed landscape architect. These plans shall
Planning Commission Resolution No. PC2021-003 Page 14 of 16
incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the City’s Planning Division.
10. 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. 11. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the City’s
Planning Division.
12. Prior to issuance of a building permit, the Applicant shall submit to the City’s Planning Division an additional copy of the approved architectural plans for inclusion in the application 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 Variance and Coastal Development Permit application. 13. 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.
14. 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.
15. Demolition beyond the approved scope of work requires planning division approval prior to commencement of work. Approval of revisions to project plans are not guaranteed. Any
changes in the current scope of work may require the entire structure to be demolished
and redeveloped in conformance with the current Zoning Code Development Standards. 16. After demolition and prior to framing, the architect of record shall certify that less than 50 percent of exterior walls have been removed and will require replacement. The architect
of record shall provide the applicable documentation to the Community Development
Director for review. If it is determined that 50 percent or more of exterior walls have been removed during construction, all project work shall cease and the project shall be subject to applicable requirements of the Zoning Code and Local Coastal Program Implementation Plan, which may include, but are not limited to, a Coastal Development Permit and/or other
discretionary application. The applicant understands that this may result in project delays
or denial, and possible economic hardship.
Planning Commission Resolution No. PC2021-003 Page 15 of 16
17. A copy of the Resolution, including conditions of approval Exhibit “B” shall be incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
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 either the current business owner, property owner or the leasing agent.
19. Construction activities shall comply with Section 10.28.040 (Construction Activity –
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays.
20. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code.
21. 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 DeCaro Residence including, but not limited to, Variance No. VA2020-002 and Coastal Development Permit No. CD2020-021 (PA2020-072). 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.
Fire Department 22. Automatic Fire Sprinklers are required in existing homes if any of the following conditions
exists:
a. When an addition is 50 percent or more of the existing building area and the resulting building area exceeds 5,000 square feet; b. When an additional story is added above the second floor regardless of fire areas
on allowable area;
c. When an addition is added and the existing building is already provided with an automatic fire sprinkler system.
Planning Commission Resolution No. PC2021-003 Page 16 of 16
d. More restrictive requirements are required by other provisions of the Code.
Building Division 23. Plans shall be prepared by a licensed design professional.
24. Existing footings of entire building shall be retrofitted to mitigate liquefaction if the
construction valuation exceeds 50 percent of replacement cost of the existing building. 25. Common garage and carport shall be separated from living area of dwelling units with 1-hour fire-rated assemblies and with 45-minute fire-rated protective openings.
26. Emergency egress and rescue openings shall be provided for all rooms used for sleeping. Public Works Department
27. All damaged curb, gutter, and sidewalk along the River Avenue and Neptune Avenue frontages shall be reconstructed. 28. Each unit shall be served by an individual water meter and sewer lateral and clean out.
29. Each water meter and sewer clean out shall be installed with a traffic-grade box and cover.