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HomeMy WebLinkAbout22-05-18 Appeal - 320 Buena Vista - MorrisseyU }4d16 S Appeal Application City Clerk's Office 100 Civic Center Drive / P.O. Box 1768 Newport Beach, CA 92658-8915 949-644-3005 Clerk's Date &'^T•ime Stamp 1022 ti.'.Y 13 Pi 1 1. 17 Appeals are time sensitive and must be received by the City Clerk specified time period from a decision or final action by a decision -maker. It is advisable to consult with the Department managing the issue if there is question with regards to appealing an action. This is an appeal of the: ❑ (CDD222)Community Development Director Action to the Planning Commission - $1715 ❑ (CDD222)Zoning Administrator Action to the Planning Commission - $1715 ❑ (CDD222)Coastal Development Application CDP Appeal from Zoning Admin to the Planning Commission (only if appeal is solely based on the CDP portion of the application) — No Fee ❑ (CDD222)Planning Commission Action to the City Council - $1715 ❑ (CDD222)Community Development Director Action to the Harbor Commission - $1250 ❑ (CDD222)Harbor Commission Action to the City Council (CDD — Planning) - $940 ❑ (CDD222)Hearing Officer Action to the City Council - $1715 ❑ (CDD223)Building Official/Fire Marshal Action to the Building/Fire Board of Appeals - $1715 ❑ (CDD224)Chief of Police Action on an Operator License to the City Manager - $946 ❑ (RSS073)City Manager Action on a Special Events Permit to the City Council - $1823 ❑ (HBR001)Harbormaster Action to the Harbor Commission - $1250 ❑ (HBR001)Harbor Commission Action to the City Council (Harbor Department) - $940 ® (PBW018)Public Works Director Action to Harbor Commission - $1250 ❑ (PBW018)Harbor Commission Action to City Council (Public Works Department) - $940 ❑ Other - Specify decision -maker, appellate body, Municipal Code authority and fee: Appellant Information: Name(s): John C. Morrissey, Trustee of the SNC Trust dated April 1, 2022 Address: c/o Sherman L. Stacey, Gaines & Stacey LLP, 3197-A Airport Loop Dr. City/State/Zip: Costa Mesa, CA 92626 Phone: 949-640-8999 Appealing Application Regarding: Email. sstacey@gaineslaw.com Date of Final Decision. May 4, 2022 Protect No.: Transfer of Pier Permit Application Site Address: Name of Applicant(s): John C. Morrissey, Trustee of the SNC Trust Pier Permit No 115-322 Activity NO.. 320 Buena Vista Boulevard, Newport Beach, CA 92661 Description of application: Transer of Pier Permit No. 115-322 Reason(s) for Appeal (attach a separate sheet if necessary): The City of Newport Beach wrongfully denied the transfer of Pier Permit No. 115-322 for 320 Buena Vista Boulevard. Please see detailed reasons for the Appeal, attached hereto. Signature of Appellant: - Date: FOR OFFICE USE ONLY: Date eat fled yc��ninistrative Fee received: fflAi P r ty lerk cc: Department Director, Deputy Director, Staff, File low r �t1ropt May / 8 , 2022 F. WserslClerkl Shareffonns Oppeal Application Updated 1112021 320 BUENA VISTA BOULEVARD APPEAL OF DENIAL OF TRANSFER OF PIER PERMIT NO. 115-322 On May 4, 2022, the City denied the transfer of Pier Permit No. 115-322 based on Newport Beach Municipal Code ("NBMC") Section 17.35.020.A.7 which states: "In single -unit and two -unit residential districts, only a single pier and slip shall be permitted bayward of each parcel or lot." The City of Newport Beach claims that only one pier transfer permit application may be approved for 320 Buena Vista Boulevard which is a lot merged with 322 Buena Vista approved by the City in 2016. The applicant now appeals the City of Newport Beach's denial of the pier permit transfer application for Pier Permit No. 115-322 which is associated with the former 322 Buena Vista. A. BACKGROUND 1. The Property The subject property is situated along Buena Vista Boulevard in the City of Newport Beach (the "City") at APNs 048-031-15, 048-031-17, and 048-031-41 between Bay Avenue W. to the west and Edgewater Avenue W. to the east. The APN 048-031-15 and 048-031-17 parcels are zoned OS, and situated bayward of Buena Vista. The APN 048-031-041 parcel consists of two merged lots (320 Buena Vista and 322 Buena Vista), is zoned R-1, and situated landward of Buena Vista. This landward parcel is currently identified as 320 Buena Vista and is improved with a single- family home. The Assessor's Map Book 048, Page 031 is attached as Exhibit A. Property along Buena Vista was originally subdivided in 1906 by the Map of the Subdivision of Block A East Newport. Along Buena Vista, each of the lots has historically enjoyed ownership and use of property on the north side of Buena Vista between Buena Vista and the bulkhead line. Buena Vista is improved as a public walk, not a street. The lots on the north side of Buena Vista are separately taxed. As described in more detail below, two pier permits have historically been associated with the property: Pier Permit No. 115-320 and Pier Permit No. 115-322. 2. Pier Approval History a. 316-318-320 Buena Vista Blvd. Shared Pier (Pier Permit No. 115-320) In 1957, a shared pier was originally constructed in front of the 320 Buena Vista property (originally APN 048-031-16) and was shared with 316 Buena Vista (APN 048-031-12) and 318 Buena Vista (APN 048-031-14). At that time, each of the three properties were developed with single-family homes. Due to the curvature of the U.S. Bulkhead line, the pier that originated at 320 Buena Vista encroached across the water areas bayward of the 316 and 318 properties. In 1988, Rowe, Ramser and Miller, the owners of 316, 318, and 320 Buena Vista applied for a relocated shared pier to be situated bayward of 316 and 318 Buena Vista, still to be shared and available to the same three properties. The City determined that this revised configuration would allow additional berthing at the location and better use of the water bayward of each of the three lots. On May 23, 1988, the revised pier location was approved by the City and the new shared pier for 316, 318, and 320 Buena Vista was subsequently constructed. In 1988, the property owners for 316, 318 and 320 Buena Vista entered into a written agreement providing for the shared ownership of the pier, allocated costs for construction, provided for shared maintenance costs, and governed each property's rights of use on the pier. This agreement was recorded as Orange County Instrument No. 88-188588. The City issued Pier Permit No. 115-320 to all three owners and has transferred Pier Permit No. 115-320 to new owners as all of 316, 318 and 320 Buena Vista have been acquired by new owners since 1988. The 1988 written agreement among Miller, Ramser and Rowe concerning construction and ownership of the shared pier associated with Pier Permit No. 115-320 is attached as Exhibit B. In 2015 Steve Rogers bought the house at 320 Buena Vista and Pier Permit No. 115-320 was transferred to Rogers. b. 322 Pier (Pier Permit No. 115-322) A pier and dock at 322 Buena Vista were originally permitted in or around 1981. At that time, 322 Buena Vista was developed with a single-family home. In November 1998, an application was approved to remove and replace the pier and dock with a pier, gangway, and new dock in the same location. In addition, the City approved at this time the removal and replacement of piling in different locations to accommodate the new pier length. The 322 In sum, since in or around 1957, 320 Buena Vista has had a pier shared with 316 and 318 Buena Vista and, since in or around 1981, 322 Buena Vista has had its own pier. In 2016, Rogers purchased the house at 322 Buena Vista and Pier Permit No. 115-322 was transferred to Rogers. 3. 320 and 322 Buena Vista Blvd. Merger After purchasing both 320 Buena Vista and 322 Buena Vista, Rogers applied to the City for approval to merge 320 Buena Vista with 322 Buena Vista. On October 27, 2016, the City approved PA2016-158 to merge 320 Buena Vista and 322 Buena Vista. The County Assessor assigned a new APN to the merged lots as 048-031-41. The merger did not include the separate parcels situated bayward of Buena Vista (APN 048-031-15 and APN 048-031-17). The City 2 identifies the merged lots by the address of 320 Buena Vista. The Staff Report dated October 27, 2016 for PA2016-158 is attached as Exhibit C. The City approved the Lot Merger on October 17, 2016. The Lot Merger Map approved by the City was not signed by City Engineer Mark Vukojevic until August 30, 2017 and was recorded on September 21, 2017 as Instrument No. 2017000401498, Orange County Records. The recorded Lot Merger is attached as Exhibit E. The lot merger combined two substandard lots into a 4,650 square foot parcel that is approximately 60' wide where it abuts Buena Vista. But the side lines of 320 Buena Vista are not parallel because Buena Vista going west to east jogs at the west property line of 320 Buena Vista. The west line has a course of N 35' 59' 05" W and the east line has a course of N 460 28, 06" W. The difference is an angle of approximately 10.50. As a result of the long distance between the house and the bulkhead line and then to the pierhead line, when the property lines are projected from Buena Vista to the pierhead line, the water area is only 31.75' wide at the pierhead line. The City's 2016 action merging the lots did not restrict the merged property to a single pier. 4. New Home at 320 Buena Vista Blvd. On June 15, 2017, the City approved PA2017-068 to demolish the house at 322 Buena Vista and remodel the house at 320 Buena Vista extending onto the 322 Buena Vista property. The address assigned to the new home was 320 Buena Vista. In reliance on the conditions of approval for PA 2016-158 for the Lot Merger and on PA 2017-068 for the expansion of the 320 house onto 322 Buena Vista. Drawing C2 of the plans attached at pdf page 27 to the City Staff Report shows the existing two piers associated with the two lots over which the single home will be built. The Staff Report dated June 15, 2017 for PA2017-068 is attached as Exhibit D. On September 25, 2017, the City issued Building Permit X2016-4132 for Rogers remodeling. Rogers proceeded with his plans and completed the remodeled house. Tragically, Rogers passed away on October 5, 2021. His daughters, Christy Rogers Lucia and Jennifer Rogers placed 320 Buena Vista up for sale and entered into an escrow for sale. It was only at this time that pier permit transfer applications were made that Christy and Jennifer learned that only one pier permit would be allowed to be transferred. The City Building Permit Z2016-4132 showing the September 25, 2017 issue date is attached as Exhibit F The City's 2017 action approving the home did not restrict the new residence to a single pier. 5. Closing of the Sale of the Property. As indicated above, the Rogers daughters, and the prospective purchaser of the property, John Morrissey, trustee of the SNC Trust, first became aware that the City would not transfer both pier permits when applications for transfer were submitted during the escrow period. Morrissey was not willing to pay the full agreed purchase price without the transfer of both pier permits. 3 Morrissey was also anxious to close the purchase before the summer. Morrissey and the Rogers' daughters negotiated an agreement by which the sale was closed and $1,000,000 was held back in escrow pending a final action by the City on the pier permit transfers. Both the Rogers daughters and Morrissey wish to see this appeal be successful so that Pier Permit No. 115-322 can be transferred to Morrissey. 6. Pier Permit Transfer Applications In connection with the April 2022 sale of 320 Buena Vista, two Harbor Permit Transfer applications were submitted to the City on April 29, 2022 as follows: a) Request to transfer Pier Permit No. 115-320 jointly held by the owners of 316- 318-320 Buena Vista (of which the transferor (seller) holds the 320 Buena Vista interest); and b) Request to transfer Pier Permit No. 115-322 associated with 322 Buena Vista.' On May 4, 2022, the City took the following action on the Harbor Permit Transfer applications: a) Application for transfer of Pier Permit No. 115-320 - APPROVED; and b) Application for transfer of Pier Permit No. 115-322 — DENIED. B. APPEAL JUSTIFICATION The City argues that "only one of the pier permit transfer applications may be approved" for 320 Buena Vista pursuant to NBMC Section 17.35.020.A.7. The applicant disagrees and appeals the City's decision. 1. Transfer of Pier Permit No. 113-322 Complies with the NBMC a. The Transfer of Pier Permit No. 113-322 Results in a Single Pier Bayward of Each Lot in a Single -Unit Residential District. NBMC Section 17.35.020.A.7 states that: "In single -unit and two -unit residential districts, only a single pier and slip shall be permitted bayward of each parcel or lot. For multi -unit or mixed -use districts, only a single pier and slip shall be permitted bayward of each parcel or lot unless permitted by the reviewing authority." [Emphasis added.] ' Prior to the merger, 320 Buena Vista Blvd. was designated with the addresses of 320 Buena Vista Blvd. and 322 Buena Vista Blvd. 4 The City claims that Section 17.35.020.A.7 limits the current 320 Buena Vista to one pier permit, rather than the two pier permits historically assigned to the parcel (first as separate parcels and then as a merged parcel). The text of Section 17.35.020.A.7 refers to permitting one pier bayward per parcel or lot in a single-family residential district. As explained below, permitting the transfer of Pier Permit No. 113-322 does not violate the NBMC. The City's GIS map shows the location of the 316-318-320 shared pier and the 322 pier in relation to the lot lines. The relevant GIS Map is reproduced as Exhibit I. The 316-318-320 shared pier is situated bayward of the 316 and 318 Buena Vista lot, north of APN 048-031-12 and 048-031-14. On the other hand, the 322 pier is situated northeast of the shared pier, bayward of the 320 Buena Vista lot (APN 040-031-41). Section 17.35.020.A.7 is satisfied because there is only one pier bayward of any lot. The question is not whether the pier is permitted, but who is entitled to hold the permit. The property owners for 316, 318, and 320 jointly agreed to hold a permit for the pier bayward of 316 and 318 Buena Vista. The City agreed and issued the permit for the construction of the pier as early as 1957. Pier Permit No. 115-320 was the number assigned to the Pier Permit even though the actual pier was bayward only of 316 and 318 Buena Vista. In 1988, the written agreement among the 316, 318 and 320 property owners memorialized the co -ownership of the pier. "The Parties shall equally and jointly own the new walkway, pier, ramp and dock." Instrument No. 88-188588, ¶7(b). The owner of 320 Buena Vista gave up the right to use the water area assigned to 320 Buena Vista so that it could be jointly accessed from the jointly owned pier. Instrument No. 88-188588, ¶5. Since there is only one pier located bayward of 316 and 318 Buena Vista, and only one pier situated bayward of the 320 Buena Vista, the transfer of Pier Permit No. 113-322 is not inconsistent with NBMC Section 17.35.020.A.7. The transfer of Pier Permit No. 113-322 also complies with Section 17.35.020.A.7 even if the "lot" for which one pier shall be permitted is not the lot on which the residence is located, but rather is one of the two Open Space lots that are bayward of 320 Buena Vista. Pier Permit No. 115-320 for which the transfer was approved addresses one pier that could be considered bayward of APN 048-031-15. Pier Permit No. 115-322 for which the transfer was denied could be considered bayward of APN 048-031-17. Therefore, even in this situation, because only one pier is situated bayward of APN 048-031-17, the transfer of Pier Permit No. 113-322 is not inconsistent with NBMC Section 17.35.020.A.7. b. NBMC Section 17.35.020.A.7 Does Not Apply to the Transfer of Pier Permit No. 113-322 Because the "Lot" is Not in a Single -Unit Residential District. Section 17.35.020.A.7 regulates the number of piers located in residential districts. The existing 322 pier is attached to APN 040-031-17 which is a lot within an Open Space district, rather than a single -unit or two -unit residential district. As such, Section 17.35.020.A.7 does not regulate or prevent the City's transfer of Pier Permit No. 113-322 to because the existing pier is immediately bayward of an Open Space lot, not a lot within a residential district, a circumstance not addressed in the Municipal Code. 2. Equity Supports the City Allowing the Pier Permit Transfer The City approved the 320 Buena Vista and 322 Buena Vista. lot merger in 2016 (Case No. PA2016-158); but the City did not restrict the resulting parcel to one pier, even though at the time there was a pier permit associated with each lot. Applications to the Community Development Department to merger existing parcels are circulated to other departments for review. No response to the lot merger application appears to have been made by the Department of Public Works, certainly none that noted that two pier permits could not be held by the owner of the merged lots. Special Condition 1 to PA2016-158, required that the final map for the lot merger be approved by the Department of Public Works. The signature of City Engineer Mark Vukojevic on August 30, 2017, indicated the approval of the Department of Public Works. In 2017, the City approved the new home for the merged lot (Case No. PA2017-068); but again, the City did not reduce the number of pier permits from two to one. Rogers waited to complete the lot merger until the remodeled home was approved. Finally, on September 25, 2017, the City issued Building Permit X2016-4132 for the construction of a house across the merged 320 and 322 lots. In the Building Permit process, Rogers was not notified of any inconsistency of the house with any City Code. At all times, the 316-318-320 shared pier permit and the 322 pier permit were contained in the City's records associated with the properties. In both Planning cases and in the building permit process, the City had three opportunities to notify Rogers that he would have to forfeit either Pier Permit No. 115-320 or Pier Permit No. 115-322. The City did not do so in either situation and the applicability of Section 17.35.020A.7 was never raised. The timing of Rogers finalizing the lot merger only after Rogers had received planning approval for the house, and notice that his building permit was ready to issue, suggests that Rogers was a careful man seeking to assure himself before proceeding that any issue that the City may have had with his project was resolved. If Rogers had known at the time of the lot merger on his building permit that the City would require him to surrender one of the two pier permits, he may have proceeded differently. Condition No. 1 of Zoning Administrator Resolution ZA2016-059 states that "[t]he map shall be submitted to the Public Works Department for Final Map Review and Approval..." It is clear that City staff and Public Works had several chances to raise the pier issue in connection with the lot merger and the new house. The pier permit issue should have been brought to the owner's attention in 2016 or 2017, At this point, the owner is asked to suffer the consequences in 2022 of the City's previous oversight. This Appeal seeks to avoid the owner suffering the loss of a pier permit. Nothing will change from when Rogers owned the home to when Morrissey, as trustee, becomes the new owner. Neither the City nor the use of the waters of Newport Bay suffers if the Appellant has Pier Permit No. 115-322 in addition to the 1/3 interest in Pier Permit No. 115-320. 1 This appeal does not suggest that there was anything intentional done by the City or the Department of Public Works. There is no evidence that the lot merger or the new house were ever circulated to the Harbor Resources Division of the Department of Public Works. Since the property is waterfront and there were piers bayward of the property, the lot merger and building approval should have been circulated. Waterfront lot mergers are not uncommon. It is more likely that this simply slipped through the cracks in a City with multiple departments looking at development proposals. But the fact remains that the City did not require the surrender of either Pier Permit No. 115-320 or Pier Permit No. 115-322. The burden of missing that in the review process for the lot merger and house should not fall on the property owner, particularly when there is no burden that falls on the City or the public. There is no actual difference in the use of the water if the owner of 320 Buena Vista accesses the part of the water assigned originally to 320 Buena Vista from the joint pier and access the part of the water assigned originally to 322 Buena Vista from the solely owned pier. Both piers would remain. For the new owner, there are personal reasons why the fully constructed pathway from Buena Vista to the joint pier is highly valued. The 322 pier is accessed through the sand without a pathway. Since 1957, 320 Buena Vista has enjoyed a shared pier permit with 316 and 318 Buena Vista Blvd. Since 1981, 322 Buena Vista has had its own permit. The April 2022 buyer and seller reasonably relied on the existence of both pier permits; the City had issued both permits decades prior, and the City did not take any action to reduce the number of pier permits when the lots were merged. In equity, the City should allow the transfer of Pier Permit No. 115-322 to the new owner of 320 Buena Vista Blvd as well as the already approved transfer of Pier Permit No. 115-320. 3. The Angle of the Property Boundary at a Curve in Buena Vista Limits the Water Available to 320 Buena Vista Due to the angle of projection of the 320 Buena Vista west property boundary, the water usage for the 320 Buena Vista bayward frontage is much less than normally would exist. Typically, an owner has as much water area as street frontage. But here, 320 Buena Vista is approximately 60' wide where it abuts Buena Vista, but only 31.75' wide at the pierhead line. This arises from the 10.50 angle associated with the jog in Buena Vista at that westerly property line. Swiftslips provided a drawing showing this difference which is attached as Exhibit H. The Swiftslips drawing is consistent with the drawing of the pier approval for the shared pier which is attached as Exhibit G. Due to the shape of the property and the pier water areas, the owner has significantly less available water than in a normal situation where 60' of street frontage translates to 60' of water area at the pierhead line (see 328 Buena Vista). Because the shape of the property does not provide the owner with the use normally associated with other properties of similar size, approval the transfer of Pier Permit No, 115-322 as well as Pier Permit No. 115-320 would compensate for that deficiency. 7 4. Reservation of Right to Additional Evidence and Argument. The Appellant reserves the right to provide additional evidence and argument in support of this appeal prior to or at the Harbor Commission hearing on the Appeal. EXHIBITS A County Assessor's Map Book 048, Page 031 B Agreement among Miller, Ramser and Rowe recorded April 25, 1988 as Instrument No. 88-188588. C City Staff Report for PA2016-158 dated October 27, 2016 D City Staff Report for PA2017-068 dated June 15, 2017 E Recorded Lot Merger, dated September 21, 2017 F City Building Permit X2016-4132 issued September 25, 2017 G 1988 Shared Permit Drawing for Pier Permit No. 115-320 H Drawing Prepared by Swift Slip, dated May 9, 2022 1 City's GIS Map W NONEXEMPT OTIP TRUST UNDER ROGER FAMILY TRUST STEPHEN E ROGERS TRUSTEE 2060 BIRNAM WOOD DR. SANTA BARBARA, CA 93108 PAY TO TH% OPDF_R Or - NORTHERN TRUST THE NORTHERN TRUST COMPANY 90-4217/1222 1231 >_ Heat ROactive ,, 1:12221,21731: u■ j 1171038739 01231 _ - __ LO01<1:0Fl FRAUD -CITE N N!NC,'UTUNES INGLUD:11C THL SLCUN!TI--DAnF.. AND HLAT r LACi!lE IN, DETAILS OH DACI( City of Newport Beach Revenue 100 Civic Center Dr. Newport Beach, CA 92660 949-644-3141 Welcome 011398-0007 Andrew S. 05/18/2022 01:23PM MISCELLANEOUS PBW018 HARBOR APPEALS (LAND AND DOCKS) ( 2022 Item: PBW018 PBW018 HARBOR APPEALS (LAND AND DOCKS) (PBW018) 1,250.00 -------------- 1,250.00 Subtotal 1,250.00 Total 1,250.00 CHECK 1,250.00 Check Number 1231 -------------- Change due 0.00 Paid by: NONEXEMPT QTIP TRUST UNDER ROGER FAMILY TRUST & STEPHEN E ROGERS TRUSTEE Thank you for your payment CUSTOMER COPY May 18, 2022 BY HAND DELIVERY Leilani I. Brown, City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92658 3197-A Airport Loop Drive Costa Mesa, CA 92626 T (949) 640-8999 F (714) 434-1111 www.gaineslaw.com Re: Appeal of Department of Public Works Denial of Transfer of Pier Permit No. 115-322 320 Buena Vista Boulevard Dear Ms. Brown: On behalf of John C. Morrissey, as Trustee of the SNC Trust, I have enclosed an Appeal Application to appeal the Decision of the Department of Public Works on May 4, 2022, to Deny Transfer of Pier Permit No.115-322. Attached to the Appeal Application are the following Exhibits: A County Assessor's Map Book 048, Page 031 B Agreement among Miller, Ramser and Rowe recorded April 25, 1988 as Instrument No. 88-188588. C City Staff Report for PA2016-158 dated October 27, 2016 D City Staff Report for PA2017-068 dated June 15, 2017 E Recorded Lot Merger, dated September 21, 2017 F City Building Permit X2016-4132 issued September 25, 2017 G 1988 Shared Permit Drawing for Pier Permit No. 115-320 H Drawing Prepared by Swift Slip, dated May 9, 2022 I City's GIS Map Also enclosed is a check in the amount of $1,250.00 in payment of the filing fee. Sincerely, Sltiervv�aK. L. Si" SHERMAN L. STACEY cc: (By Email) Chris Miller John C. Morrissey Christy Rogers Lucia Steve High Exhibits to Appeal of Department of Public Works Decision to Deny Transfer of Pier Permit No. 115-322 A County Assessor's Map Book 048, Page 031 B Agreement among Miller, Ramser and Rowe recorded April 25, 1988 as Instrument No. 88-188588. C City Staff Report for PA2016-158 dated October 27, 2016 D City Staff Report for PA2017-068 dated June 15, 2017 E Recorded Lot Merger, dated September 21, 2017 F City Building Permit X2016-4132 issued September 25, 2017 G 1988 Shared Permit Drawing for Pier Permit No. 115-320 H Drawing Prepared by Swift Slip, dated May 9, 2022 1 City's GIS Map Exhibit A County Assessor's Map Book 048, Page 031 rv-) O $ 3 � a Cr G to � 0) Ll � LU b Q- �F $ rxj ¥ Cjz k,4 .(k + ■ �K!%;■t � #,2 narptn:o��.cA___-op 4aa��Of :l! order: ,fgaAa»a c _ent: pl� § � « \ 4 id \ k % 6 % 2 � L x W Exhibit B Agreement among Miller, Ramser and Rowe recorded April 25, 1988 as Instrument No. 88- r.•.. -max . 4,:.. :...; ... , .- ..Y �: ,., :,..,«:;i,,.... �;' numm MAIL To: .rtioa J. 3� oo °F °*"uoe °�c�iuAo�00Nirw LAM A. KM75 WhLXER s xl ucrc CIO B 03L* IN 4000 MacArthur Blvd., Suite 450 ZS NeWport Beach, CA 92660 A(iHLkMGNT This Agreement is entered into this 24 day of 1988, by and between Norma Miller (hereinafter "Miller'), Phillip D. Rowe and Mary Katherine Rowe (hereinafter collectively the 'Roues') Phillip Ramser (hereinafter "Ramser"). Miller, the Roues and Ramser will be ra:arred to collectively :r. this Agreement ae 'the Parties". RECITALS A. Miller is the owner of that certain real property commonly known as 320 Buena Vista Boulevard, Balboa, California and legally described in the Orange County Recorder's office as: Lot 150, Block A. Bast Newport Tract. The 1101jes are amers of that certain real property commonly known as 316 Buena Vista Boulevard, Balboa, California and legally described in the Orange County Recorder's office as: Lot 160, Block A, East Newport Tract. Ramser is the owner of that certain real property commonly known as 318 Buena Vista Boulevard, Balboa, California and legally described in the Orange County Recorder's office set Lot 154, Block A, Eaet Newport Tract. B. The owner of that certain real property commonly known as 322 Buena Vista Paulavard, Balboa, California and legally described as Lot 157, Block A, Haut Newport Tract is .en.gt a Rarti to this regiment nor is this real propost .:t v-.-Nd- N'• `Y•: suet io-Xi$u reeare�n�: owe r, ro't ]9� In reference to a description of such property in relation to the rights given to :tiller purcuant to the Corms of this LM8/R1/958-1 f3D Order. 58602201014 Page 1 of 15 Doc 1988-188588 AG 04-25-1988 figth�W fB Arlene Bernath , Printed: 2/10/2022 4 09 PM Agreement. Said property shall hereafter be referred to as "Lot 157". C.- This Agreement sets forth the rights, obligations and responsibilities of the Parties concerning the con- struction and maintenance of that certain walkway, pier, dock, ramp and piling to be constructed for the benefit and the use of the parties in the location and in the dimensions as set forth in the illustration attached hereto as Exhibit "1" and incorporated herein by this reference. D. For purposes of this Agreement, using Miller's house as a center point, Lot 1S7 is considered to be to the north, Lot 159 is considered to be to the south. THEREFORE, the Parties hereto agree as follows: 1. Consmotion. a. Trautwein Brothers -shall be employed by Miller, the Rowel and Ramser, at no- cost to biller, to construct the walkway, pier, dock, ramp and piling in identical dimensions as set forth in the illustration attached as Exhibit "1' and in the manner and in conformance with the requirements set forth in the Agreement and to remove the existing walkway, pier, dock and ramp which will be replaced by the new construction as illustrated in Exhibit 01" (hereinafter_ "new dock"). The now walkway, pier, ramp and dock shall all be in a straight line to the Northwesterly point of the dock as illustrated in Exhibit 010. b. All applications for permits and the actual - _ - �irfia �-a.bs_seriiti i196� pier, ramp and dock shall be reviewed and approved in LMS/R1/958-1 �C Order: 58602201014 Page 2 of 15 Doc: 1988-188588 AGR 04-25-1988 &(huh E13: Arlene Bernath , Printed: 2/10/2022 4:09 PM . V. _ _- ._ • -. - writing by Miller, the Rowes and Ramser prior to being submitted to the appropriate governmental agencies which approval shall not be unreasonably withheld. If a party does not disapprove the permit application and permits in writing within 15 days of his/her receipt as evidenced by a elated writing signed by Trautwein evidencing delivery of the applications and/or permits, they shall be deemed approved by that Party. Any disapproval shall be evidenced by a letter to Trautwein and copied to the other parties setting forth the reasons for the disapproval. The Parties agree to cooperate in the execution of the appropriate permit appli- cations to be submitted to the Newport Beach Marine Department as a condition for the authority to erect the walkway, pier, ramp and dock. C. The new walkway, pier and dock may use existina materials as recommended by Trautwein. The old walkway (except that portion of the old walkway which Miller designates to remain for the purpose of being used in Miller's new patio) and unused materials will be removed and hauled away at the expense of the P,owes and Ramser and at no expense to Miller. All dimensions of the pier, ramp and walkway must be approved by the Newport Beach Marine Department and by Trautwein Brothers. d. Trautwein shall obtain the dredging contrac- tor and shall be responsible for all dredging work. if required, the Parties will cooperate 1n executing the necessary applications for a dredging permit from the Marine Department or any other applicable governmental entity. if the application is necessary, the Parties must approve the . '"_:^x•,"�'wF"' '4'F Fiii°,�tiPP'' �n„����.�lS(�9x.!E�+�4!1:;.:'_�:�!!!.�- appropriate authorities. if the application is not disap- proved in writing within 15 days of a Party's receipt an evidenced by a diteA writing a/gned by Trautwein evidencina LM8/R1/958-1 -3- Order: 58602201014 Page 3 of 15 FbXWW E: Arlene Bernath , Printed: 2/10/2022 4 09 PM Doc: 1988-188588 AGR 04-25-1988 delivery, it shall be deemed approved by that Party. Dredging plena must be prepared and roust be approved by Miller, the Rowes and Ramser before any dredging work begins. if a Party does not disapprove the dredging plane in writing within 15 days of hie/her receipt as evidenced by a dated writing signed by Trautwein evidencing delivery of the plans, the plans shall be deemed approved by that party. The approval of the dredging permit application and of the dredging plans shall not be unreasonably withheld. Any disapproval of the dredging permit application or the dredging plans shall be evidenced by a letter to Trautwein and copied to the other parties setting forth the reasons for the disapproval. e. The costs of all dredging shall be borne by the Rowee and Ramser. The sand must be placed high enough to prohibit high tide water from running onto the parties' patios, especially the area where the old walkway is removed, which muct be refilled with sand from the dredging or otherwise, so as to prevent any possibility of flooding under normal circumstances. once the plans and specifica- tions arm approved by Miller concerning the dredging and refilling and the work is completed and approved by Miller, the Rowes and Ramser shell have no liability to Miller in relation to the dredging and refilling except as to the initial costs of dredging and refilling as set forth herein. f. The Rowell and HWB86r will bear the cost of a completion bond as required by Trautwein, posted by a reputable bonding company in a sum sufficient to complete all construction work. The sum of the completion bond shall be determined by Trautwein and ., the bond shall be posted Anx MrjzdflX�{�FAv'���. .'ek+rrAm �exrf;rx�w=="'. Lt48/Ri/958-•1 -4- Order: 58602201014 Page 4 of 15 EB: Arlene Bernath , Printed: 2/10/2022 4:09 PM Doc: 1988-188588 AGR 04-25-1988 before destruction of the present walkway, pier and dock occurs. 2. Plana And Blueprints To Be Approved. All plans and blueprints for the new walkway, pier, ramp and dock shall be prepared by Trautwein and shall be approved in writing by Miller, the Rowse and Ramser prior to construction which approval shall not be unreasonably withheld. If Miller, the Rowes and Ramser do not disapprove the plans and blueprints in writing within 15 days of their receipt as evidenced by a dated writing signed by Trautwein evidencing delivery of them by Trautwein, they will be deemed approved. Any disapproval shall be evidenced by a letter to Trautwein and copied to the other parties setting forth the reasons for the disapproval. 3. Location And Dimension of Pier and Walkway. Tkie pier shalt be a straight finger type pier as illustrated in Exhibit "1". It shall be 4 feet in width. The pier and walkway shall be approximately 81 feet in length. The pier shall be made of wood, painted light gray with white railings. There shall be a gate at the entrance to the pier. The gate shall not have a lock or be locked. A concrete walkway shall be built with a width of 4 feat and shall extend Lu ttta pier- The beginning shall start at the edge of the grass by the brick planter where the tree and portion of hedge are to be removed in front of Lot 158 and 159 so that one half of the now walkway shall he on pMiller's property, one half of the now walkway shall be �LfFI+Y.'.t ::'st'rr.',-;,5/Tni�'.is?=rF,:O'�I�rr�^:.:+1"'Aia�Y6c�Si�i+—�s��wEii'.1!t;•'.�-:Y�".s.�:. aC'-'�.m�==moo=== cidcwalk which tearks the point at which LOt 159 and 159 meet. A tree and hedge that presently exist on Lots 159 and LM8/R1/958-1 -5- Order: 58602201014 Page 5 of 15 Doc: 1988-188588 AGR 04-25-1988 6X4 F Arlene Bernath , Printed: 2/10/2022 4 09 PM 158 ahbll be razovea 1i-i order to create the new :+alr.:xy to the pier, recap and dock. All costa involved in removing said tree and hedge shall be borne by Rowe and Ramser. The tree and hedge shall be removed upon commencement of work on the walkway, pier or dock. 4. Location and Dimension of Dock And Ramp. The dock shall be in the dimension as illus- trated in Exhibit 'I" and shall be no smaller than five feet in width and no longer than forty feet in length or a shorter length if Trautwein determines it can only build and certify structural soundness with a shorter length. The ramp connecting the pier to the dock shall be 3 feet in width and 20 feet in length. S. !filler's water Footage. The pier, walk -wad, r=p and dock shall be built in such a manner so that Hiller shall have seventeen feet of water footage between the Northerly edge of her property line and the Northerly edges of the new dock unless the dock located on Lot 157 ('the Lot 157 dock') encroaches on Miller's property. In that event, Miller shall have 17 feet of water footage between the Southerly edge of the Lot 157 dock and the Northerly edge of the now dock. Ramser and the Rower. ahall have access to the remaining water footage alter the seventeen feet of water footage is prodded to Miller. 6. Encroachment Prohibited. fiTIZ•!�!`FIQl.!� Lt. c r - e .o_ sea -...•.`- No post, p nqs, oa s or o or cb"e�uotionso' any kind shall encroach onto Miller's water footage. An "L' un tins side of thn pint closest to, Lots 160 and 159 shall be LM8/RI11958-1 -6- Order: 58602201014 Page 6 of 15 &Xh F Arlene Bernath , Printed: 2/10/2022 4:09 PM Doc: 1988-188588 AGR 04-25-1988 . ...� i �. a. ...... ...... .... .. .... .. ti ..w .r... .. a>. .... . 4 .... .... ♦..:�:.y1�r:J •4i..1-.t. . J �'—_.... r OF I present as set forth in the illustration attached as Exhibit "I% 7. Ownership Rights To The New Dock. a. The permits for the use of the walkway, pier, ramp and dock shall Lt issued by the Newport Beach Marine Department jointly in the namee of Miller, the Rower, and Ramser subject to that Department's approval and the Newport Beach City Council's approval, if applicable. The Parties shall review and approve the appropriate applications and permits for the use of the new dock which approval shall not be unreasonably withheld. if these applications and permits are not disapproved in writing within 15 days of the receipt by a Party as evidenced by a dated writing signed by Trautwein evidencing delivery the applications and form of the paLtultn hisall be deem" approved by that Party. Any disapproval shall be evidenced by a letter to Trautwsin and copied to the other parties netting forth the reasons for the disapproval. The Parties will cooperate in executing any and all appropriate forms necessary for the issuance of a joint permit for the use of the new dock in their favor by the Marine Department. b. The Parties shall equally and jointly own the new walkway, pier, vawp and dock, hiller shall be entitled to the sole and exclusive use of the entire Northerly vide of the new dock. Reviser and the Rowes are each entitled to sole and exclusive use of one half of the southerly side of the new dock. each party shall have equal access to the new C. To the extent possible, the existing water and power conduits will be utilized for Nilleras side of the dock. Notwithstanding the above, Miller shall have fully t�1d/wl/!Sa'1 -7- Order 58602201014 Page 7 of 15EB: Arlene Bernath , Printed: 2/10/2022 4 09 PM Doc: 1988-188588 AGR 04-25-1988 w..'w � •'r 8:.•- ..'.d. ... ... _ -..... ....? •6... .— �. . •: eijyp-. �•: \.7 r. ��s rJ1 ..,.y t+ri.1°. . s.r... r.ir• .h s operational electrical and water outlets and a hose connection on the Northerly side of the new dock. Miller shall have 110 amp power similar to the electrical power currently connected to Lot 158. The Roves and Ramser shall have their own electrical and water outlets and hose connection on the Southerly side of the new dock. The expenses incurred in connecting the electrical and water utilitiee to the dock shall be borne by the Rowan and Ramser with no cost to Miller. Miller shall be responsible for her water and electrical utilities. The Roves and Ramaer shall be jointly responsible for their own electrical and water utilities. d. ;he Roves and Ramser may place low profile lights on the Southerly side of the dock and pier. Miller shall have lights and a light plug such as is presently f_.una vn the on the existing pier. Tha axlstina flagpole shall be installed on the Northerly side of the new pier. e. The Northerly side of the dock shall have its own light switch and light connection to Miller's house located on Lot 158. The Southerly side of the !inrk ah4]1 have its own light 8witf-h and 11ght c!Onnwtlon to Lots 160 and 159, respectively. f. There shall be no boxes, racks or appurte- nances on the dock or pier. S. Payment Of Taxes And Costs Of Maintenance. of maintenance of the walkway, pier, ramp and dock shall be shared alually by the Rowan, Miller and Ramer, each as to a 1/3 interact. LM8/R1/958-1 -8- Order: 58602201014 Page 8 of 15 Doc: 1988-188588 AG 04-25-1988 6X$JHqjJ E. Arlene Bernath , Printed: 2/10/2022 4 09 PM Ur 9. Landing Prohibited. No landing shall be constructed as a part of the now pier or the new dock. 10. Reimbursement of Patio Expenses. Rowes and Ramser agree to pay for the tout of a now brick patio of the same quality as is Miller's present patio including cement, brick work and landscaping (herein "the patio") up to the amount of $3,500. The $3,500.00 shall be paid to the treat account of Palmieri, Tyler, Wiener, Wilhelm 6 Waldron for the benefit of Miller within 10 days frost the execution of the Agreement. The signatory on the account ahall be Charles H. Kanter, attorney for Miller. The cost of the patio shall be paid by Kanter from the trust account upon submission of written invoices and/or hill& from Miller. Copies of the written invoices and/or bi116 0,611 k-e oulwiLU6d Lo the Rowes and Raweer, within 30 days after payment, for their records. If the coat of the patio is lees than $3,500.00, the sums remaining in the trust account shall be remitted to the joint order of the Rowes and Rameer. In the event approval of the new dock is not obtained, the $3,500.00 shall be remitted to the joint order of the Rowes and Ramer within ten (10) days of the written notification to Kanter that the construction of the dock has been disapproved provided that Miller's present patio had not Lae, removed. 11. irautwein Decision Final. �g pig �IF�wnlb�s ?5.+ Z!79. b3'G [.,'nli`w` arise concerning the construction of the walkway, pies, coup and dock, during its construction, or the maintenance of the walkway, pier, ramp and dock, after construction, each party LM8/R1/958-1 -9- Order: 58602201014 Page 9 of 15 6X$jHW E13 Arlene Bernath , Printed 2/10/2022 4:09 PM Doc: 1988-188588 AG R 04-25-1988 ice: y�:;. -�u ::y •+:` - '�:.. . .;�...e,.�i:�.n: e.�. i�•,1+.;..: r.�.�w't-: - _- W— _...... — '. Shall prrsvok bii,3 WRO position to :rautweir, and the decision of Trautwein shall be final as to that issue of the disagreement. 12. Transfer of ownership. If any party transfers title to their respec- tive property, the other Parties hereto agree to cooperate in signing the applicable documents so that the permits for the use of the walkway, pier, ramp and dock may be transferred into the new co -owner's name. 13. Binding Effect This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assignees of the Parties hereto And shall run with the Wtm 158, 159 and 160, Block A, East Newport Tract located in Newport Beach, Orange County, California. Dates :.�Z!-d "2 —� Norma tMi eI er Dated t G7^ LNB/Rl/956-1 -10- Order: 58602201014 Page 10 of 15 6X4Hqjj E8 Arlene Bernath , Printed: 2/10/2022 4 09 PM Doc: 1988-188588 AGR 04-25-1988 - 0081-IM5% D_SCLARA3'YON OF LAURA A. fli B ODiDBR CALIFORMA 'MT aW S TION 27 1 1, LAUM A. MY!l:RS, declare: 1. The notary public before whom personally appeared Norma A. Miller a signatory -t° the Agreement dated March 11, 1988, is stated on the notary seal to be Carol A. Aogess. the County in which the notary is located and in which she has her connisaion is stated to be Orange County and her commission expiration date is stated to be January 31, 1992. Executed this 14th day oY April, 1908, at Newport Beach, California, I declare wider penalty of perjury that the foregoing is true and correct. `�i ?' - = - Order: 58602201014 Page 11 of 15 GXWDR ER Arlene Bernath , Printed: 2/10/2022 4:09 PM Doc: 1988-188588 AG 04-25-1988 gBr18658� ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) 68. COUNTY OF ORANGE 1 On fe- bru m y , 1988, before me, the undersigned, a Not Public in and for said State, personally appeared A/ ( L, a A A), e-c' r personally known to me or proved on the basis of satisfactory evidence to be the person_ whose name i5 subsoribed to the within instrument and acknowledged that h executed the same. WITNESS my hand and official seal. - C?t l-/• �.c-vim ! 01114W+4/a84tMt ACKMAILEDGEMENT STATb OF CALiFORNiA ) as. COUNTY OF ORANGE 1988, before me, the under- eigned, a No ary Public in and for said State, personally appeared J�iy/ S 0".Yyi , personally known to me or proved on the basis of satisiac=z-1 evidence to be the G-rBGY,,Z w- racK T subscribed to the within instrument and acYnowledged that P executed the same. NXTNESS ary hand and official seal. JOHN J GODFREy JR ^ l ^ NOTALO WO/It • MUNIV N1A -.!J/ [/f/ (/J�, las uroT.tEs OCtltm I M-P =7 =;a. .Lan KJti 17. Irdl LM8/Rl/958-1 -11- Order: 58602201014 Page 12 of 15 E-Xh E13 Arlene Bernath , Printed: 2/10/2022 4 09 PM Doc: 1988-188588 AGR 04-25-1988 ACKNOW.1f.DrIPMENT STATE OF CALIFORNIA ) as. COUNTY OF ORANGE ) On 4AZ 1988, before me, the under- signed, a Notary Pu6lic in and for said State, personally appeared Y-lenewn-*&-me--*r proved on the basis of satisfactory evidence to be the person=- whose name -(,- subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. MCLA SBUS CH /--'- - v.8UC - CJwFORMA auFMc=jTV C_ b*" AP-1 ID, I "a -' ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) be. COUNTY OF ORANGE ) On 1998, before me, the under- signed, a 4otary Publi in apd for said State, personally appeared -ox- proved on the basis of satisfactory evidence to be the person= whose name subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official Beal. SOIAN J. BERSCH Nolan' I,AaC CALYVNOA xiy iomn ery+,� �pru iY.i486'N - i/ LH8/RI/958-1 -12- Order 58602201014 Page 13 of 15 &XWW E. Arlene Bernath , Printed: 2/10/2022 4 09 PM Doc 1988-188588 AGR 04-25-1988 .. i ear DECLARATION OF LAURA A. MYERS UNDE CALIFORNIA WWERNMUM CODS SECTION 3 I, LAURA A. LAYERS, declares 1. That Exhibit *in to Which this statement is attached reads as follows, PROPOSED PIER, DOCK. RAMP AND PILTUG FOR: PHIL ROWE 316 BURNA VISTA PHIL RAKSER 318 • • NORM MILLER 320 • • TRAU"MIN BRO3. 11/16/87 S.R. - Executed this--25th day of April, 1988, at Newport Beach, California, I declare undar penalty or perjury that the foregoing is true and correct. �—UNFA. MYERS 4 Order: 58602201014 Page 14 of 15 &Moil F& Arlene Bernath , Printed: 2/10/2022 4:09 PM Doc: 1988-188588 AGR 04-25-1988 Order: 68602201014 Page 15 of 15 Gx Is: Arlene Bernath , Printed: 2/10/2022 4:09 PM Doc: 1988-188588 AGR 04-25-1988 Exhibit C City Staff Report for PA2016-15 8 Dated October 27, 2016 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92659-8915 949-644-3200 Fax:949-644-3229 www.newportbeachca.clov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT October 27, 2016 Agenda Item No. 2 SUBJECT: Rogers Lot Merger (PA2016-158) 320 and 322 Buena Vista Boulevard • Lot Merger No. LM2016-009 APPLICANT: Stephen Rogers OWNER: Stephen Rogers PLANNER: David Lee, Planning Technician (949) 644-3225, dlee@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: R-1 (Single -Unit Residential) • General Plan: RS-D (Single -Unit Residential Detached) PROJECT SUMMARY A lot merger application and request to waive the parcel map requirement for two properties, under common ownership, located within Balboa Peninsula. The merger would combine two legal lots into a single parcel and allow for an addition across the existing interior property line. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No._ approving Lot Merger No. LM2016-009 (Attachment No. ZA 1). DISCUSSION • The two abutting lots are located at 320 and 322 Buena Vista Boulevard and are each developed with single -unit residences. The lot at 320 Buena Vista Boulevard is legally described as Lot 158 of Subdivision Block A, East Newport and the lot at Exhibit C 1_ Rogers Lot Merger Zoning Administrator, October 27, 2016 Page 2 322 Buena Vista Boulevard is legally described as Lot 157 of Subdivision Block A, East Newport. • The purpose of the lot merger is to legally merge the two parcels into one parcel to allow for a future single -unit residence built over the existing interior property line. • All construction will be required to comply with the Zoning Code standards, including parking and setback requirements. • Section 20.18.030 of the Zoning Code establishes minimum lot area and width requirements. The proposed merger would combine two substandard lots into a 4,650-square-foot parcel that is closer in conformance to the minimum 5,000- square foot interior lot area standard of the Zoning Code. Also, the proposed merger would create one approximately 66-foot-wide parcel, exceeding the minimum 50-foot interior lot width standard of the Zoning Code. • Properties along Buena Vista Boulevard consist of lots of varying shapes and sizes. Although the proposed lot merger will create a larger lot, it will not create an excessively large lot in comparison to many of the existing lots in the area. There are many existing lots in the surrounding development that are similar to the proposed lot area, including 304 Buena Vista Boulevard (4,289 square feet), 328 Buena Vista Boulevard (4,202 square feet), and 350 Buena Vista Boulevard (3,935 square feet). • The proposed lot width is approximately 66 feet, which will not create an excessively wide lot in comparison to other existing lots in the area. There are existing lots in the surrounding development similar to the proposed lot width, including 304 Buena Vista Boulevard (approximately 57 feet), 328 Buena Vista Boulevard (approximately 60 feet), and 350 Buena Vista Boulevard (approximately 87 feet). • As demonstrated in the attached draft resolution, the proposed merger meets the requirements of Title 19 (Subdivisions). ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15315, of the State CEQA (California Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). Class 15 exemption includes the division of property in urbanized areas zoned for residential, commercial, or industrial use into four (4) or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcel to local standards are available, the parcel was not involved in a division of a larger parcel within the previous I i,icin-m-i> Exhibit C Rogers Lot Merger Zoning Administrator, October 27, 2016 Page 3 two (2) years, and the parcel does not have an average slope greater than 20 percent. This exemption includes a minor lot merger not resulting in the creation of any new parcel that complies with the conditions specified above. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners 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: An appeal or call for review may be filed with the Director of Community Development within 10 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644-3200. Prepared by: David S. Lee, Planning Technician JM/dl Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans I mph: 10-u2- I5 Exhibit C Attachment No. ZA 1 Draft Resolution Exhibit C 4 RESOLUTION NO. ZA2016-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM2016-009 AND A WAIVER OF THE PARCEL MAP REQUIREMENT FOR A LOT MERGER LOCATED AT 320 AND 322 BUENA VISTA BOULEVARD (PA2016-158) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Stephen Rogers, with respect to property located at 320 and 322 Buena Vista Boulevard. The lot at 320 Buena Vista Boulevard is legally described as Lot 158 of Subdivision Block A, East Newport. The lot at 322 Buena Vista Boulevard is legally described as Lot 157 of Subdivision Block A, East Newport. 2. The applicant proposes a lot merger and requests to waive the parcel map requirement for two properties under common ownership. 3. The subject properties are located within the Single -Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS-D). 4. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is Single -Unit Residential Detached (RSD-B). 5. A public hearing was held on October 27, 2016, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The project is categorically exempt under Section 15315, of the State CEQA (California Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). Class 15 exemption includes the division of property in urbanized areas zoned for residential, commercial, or industrial use into four (4) or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcel to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two (2) years, and the parcel does not have an average slope greater than 20 percent. This exemption includes a minor lot merger not resulting in the creation of any new parcel that complies with the conditions specified above. Exhibit C 15 Zoning Administrator Resolution No. ZA2016-042 Paae 2 of 5 SECTION 3. REQUIRED FINDINGS. In accordance with Section 19.68,030 and 19,08.030 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. Approval of the merger will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of this title. Facts in Support of Finding: 1. The lot merger to combine two existing legal lots by removing the interior lot line between the lots will not result in the creation of additional parcels. 2. The project is in an area with an average slope of less than 20 percent. 3. The lot merger is consistent with the purpose and intent of Title 19 (Subdivisions). 4. The future development on the proposed parcel will be subject to the Zoning Code development standards, which are intended to promote orderly development, protect neighborhood character, and preserve public health, safety, and general welfare of the City. Finding: B. The lots to be merged are under common fee ownership at the time of the merger. Facts in Support of Finding: 1. The two lots to be merged are under common fee ownership. Finding: C. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: The merged lots will retain the Single -Unit Residential (R-1) zoning designation, consistent with the surrounding area. The R-1 Zoning District is intended to provide 03.03-2015 Exhibit C Zoning Administrator Resolution No. ZA2016-042 Paqe 3 of 5 for areas appropriate for a detached single-family residential dwelling unit located on a single lot. 2. The Land Use Element of the General Plan designates the subject site as Single -Unit Residential Detached (RS-D), which applies to a range of single-family residential dwelling units. The Coastal Land Use Plan designates this site as Single -Unit Residential Detached (RSD-C), which provides for density ranges from 10.0-19.9 dwelling units per acre. The land use will remain the same and the merger is consistent with the land use designations of the General Plan and Coastal Land Use Plan. 3. The subject property is not located within a Specific Plan area. 4. Section 20.18.030 of the Zoning Code establishes minimum lot area and width requirements. The proposed merger would combine two substandard lots into a 4,650-square-foot parcel that is closer in conformance to the minimum 5,000-square foot interior lot area standard of the Zoning Code. Also, the proposed merger would create one approximately 66-foot-wide parcel, exceeding the minimum 50-foot interior lot width standard of the Zoning Code. Finding: D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. Facts in Support of Finding: 1. No adjoining parcels will be deprived of legal access as a result of the merger. Legal access is provided from Buena Vista Boulevard and the alley located in the rear, and will remain unchanged. Finding: E. The lots as merged will be consistent with the surrounding pattern of development and will not create an excessively large lot that is not compatible with the surrounding development. Facts in Support of Finding: 1. Properties along Buena Vista Boulevard consist of lots of varying shapes and sizes. Although the proposed lot merger will create a larger lot, it will not create an excessively large lot in comparison to many of the existing lots in the area. There are many existing lots in the surrounding development that are similar to the proposed lot area, including 304 Buena Vista Boulevard (4,289 square feet), 328 Buena Vista Boulevard (4,202 square feet), and 350 Buena Vista Boulevard (3,935 square feet). 03-03-2015 Exhibit C �r Zoning Administrator Resolution No. ZA2016-042 Page 4 of 5 2. The proposed lot width is approximately 66 feet, which will not create an excessively wide lot in comparison to other existing lots in the area. There are existing lots in the surrounding development similar to the proposed lot width, including 304 Buena Vista Boulevard (approximately 57 feet), 328 Buena Vista Boulevard (approximately 60 feet), and 350 Buena Vista Boulevard (approximately 87 feet). 3. The resulting lot configuration will not change the existing pattern of development since the orientation and access to the parcel would remain from the alley in the rear of the lot. Finding: F. The proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of this title, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. Facts in Support of Findinq: 1. Approval of the proposed lot merger would remove the existing interior lot line, and allow the property to be used as a single site. The proposed lot would comply with all design standards and improvements required for new subdivisions by Title 19, General Plan, and Coastal Land Use Plan. 2, The subject property is not subject to a Specific Plan. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No. LM2016-009, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 10 days after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 19 (Subdivisions) of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 27th DAY OF OCTOBER, 2016. Patrick J. Alford, Zoning Administrator 03-03-2015 Exhibit C Q7) Zoning Administrator Resolution No. ZA2016-042 Paae 5 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL The map shall be submitted to the Public Works Department for Final Map Review and Approval. All applicable fees shall be paid. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Prior to the issuance of building permits for construction to cross the existing interior lot line between the two (2) parcels proposed to be merged, recordation of the lot merger documents with the County Recorder shall be required. 4. Prior to the recordation of the lot merger, a minimum of one existing dwelling unit shall be demolished or modified so that the merged lot will not contain more than one dwelling unit. 5. Lot Merger No. LM2016-009 shall expire unless exercised within twenty-four (24) months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 6. 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 the Rogers Lot Merger including, but not limited to, Lot Merger No. LM2016-009 (PA2016-158). 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 03-03-2015 Exhibit C Attachment No. ZA 2 Vicinity Map Exhibit C 10 VICINITY MAP Lot Merger No. LM2016-009 PA2016-158 320 and 322 Buena Vista Boulevard Exhibit C 11 Attachment No. ZA 3 Project Plans Exhibit C 12 PA(16-158 EXHIBIT "A" CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. LA OR LOT MERGER NO. LM (LEGAL DESCRIPTION) OWNER EXISTING PARCEL PROPOSED PARCELS AP NUMBER REFERENCE NUMBERS Rogers Family Trust (Lot157) 048-031-18 f 1 Rogers Family Trust (Lot158) 048-031-16 1 That real property in the City of Newport Beach, County of Orange; State of California being Lots Lots 157 & 158 of the Subdivision of. Block A East Newportper-jMap recorded in Book 4, Page 51, records of said Orange County, California. Douglas Fost r PLS 4599 �� DOUGLAS O qL�� l�npJGlda 1Users\CDDISharedlAdmin\Planning. DivisionlAppllculion&1LA&LMUnfo,docx E X iI I tJ it updjle!7/18/13 PA2016-1 H, EXHIBIT "B" CITY OF NEWPOR T BEACH LOT LINE ADJUSTMENT NO. LA F-___... - LOT MERGER NO. LM �.. — (MAP) OWNER AP # OWNER Parcel Rogers gamily Trust (Lot157) 048-031-18 _ ; #C)WNER 1 —' OR Rogers Family `Trust (Lot158) 048-031-16 1 IJ 0 40 'Z-a N [ V Q J � p ��c1EL 1 p _ jA Area = 4,734 Sq.Ft. 'p !�- I N L! IvtAP OF i S HE 5u Raul vitoni of � � u 13We-V-tl-\ EAs(' -NEVVPo?,-T,iRE- CO9-DE4 PP,c5ay�4, nF\cE Sr, RE'CURD� of Ail (20 U l� J s9 LAND Va DOUGLAS O. FOSTER 0 No.4599 0P CAI\'�u Q 11qqb�.I�JW iU;eriACMSharedWrninlPlanning_Divisional+pplir..alionslLA&1-Wnfo.docx E x h I p l upd�7naila PA2016-158 EXHIBIT ccC„ CITY OF NEWPORl�T BEACH LOT LINE ADJUSTMENT NO. LA �- r OR LOT MERGER NO. LM (SITE PLAN) OWNER Ap#- OWNER--i Parcel Rogers Family Trust Lot 157) 048-031-18 Rogers Family Trust :(Lot 158) 048-031-16 ��— 7 D 0 [LI kI < r I^� OL2� If) J N I a 2 ar jQ �� y 0 - Z II Z in j 10 U M 0 M .2 �91 u 1,-AND CL_ O-' 1 S•cr \1 \. 9J-\NT>C7J2 jp LING PARCU .1 -- Nx15-T)Nc, Fbb-rP1ZfN7___ 32 SUEN/-\ V1-,7A 15 L V•D, (.LO-T 1 516�) a g 54" .w (L'o-T- 15c)� 'I) - ca 1, 1 1 ER 11cn b.IcildatalUserslC DD1Sha redlAd minlPI Rnoing_DivisionL4pplicafionslLA&LM\lnfo.docx Exhibit C lJplg7�191,3 Zoning Administrator - October 27, 2016 Item No. 2a: Additional Materials Received Rogers Lot Merger (PA2016-158) October 27, 2016, Zoning Administrator Agenda Comments Comments submitted on April 12, 2016, by: Jim Mosher ( iimmosher j( yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item No. 2 Rodgers Lot Merger No. LM2016-009 (PA2016-158) 1. Although Section 1.4 of the proposed resolution states that "The subject properties are located within the coastal zone," neither the staff report nor the proposed conditions of approval inform the applicant, the Administrator or the public about the Coastal Act issues involved. a. To the best of my knowledge, the properties involved are not in the Categorical Exclusion Area. As a result, the eventual construction activity will require a Coastal Development Permit. b. However, I believe the lot merger itself requires a Coastal Development Permit because "development' under the Coastal Act includes a "change in the density or intensity of use of land," and as explained in the California Supreme Court's 2012 decision in Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles (55 CalAth 783 at 795) "Public Resources Code section 30106, by using the word "change, " signals that a project that would decrease intensity of use, such as by limiting public access to the coastline or reducing the number of lots available for residential purposes, is also a development' (emphasis added). c. In view of the above, it seems to me the conditions of approval should make clear the merger cannot be completed until a CDP, or waiver from that requirement, has been obtained. 2. Section 2.1 of the proposed resolution makes what seems to me to be a questionable CEQA finding. a. I am aware that public agencies struggle to find a CEQA categorical exemption applying to lot mergers, because, intentionally or not, none quite fit. b. In the present case, a claim is made that Class 15 "includes a minor lot merger not resulting in the creation of any new parcel that complies with the conditions specified above." I am unable to find anything in the text of the Class 15 exemption to support that contention. ii. Indeed, the contention is quite counter -intuitive since the section is titled "Minor Land Divisions" (emphasis added), and a merger would seem the opposite of a division. c. It might be noted that in the unpublished case of Lookout Point Alliance v. City Of Newport Beach (G048729), the Fourth District Court of Appeals accepted a Class 5 CEQA exemption for a similar residential lot merger, although their reasoning is a bit difficult to follow. Exhibit C Zoning Administrator - October 27, 2016 Item No. 2a: Additional Materials Received Rogers Lot Merger (PA2016-158) Oct. 27, 2016, Zoning Administrator agenda Item 2 comments - Jim Mosher Page 2 of 2 With regard to Required Finding 3.C, I find it hard to understand how the concept of lot mergers in general can be found consistent with the General Plan without a corresponding amendment to it, since the Land Use Element of the City's General Plan includes as a presumably integral part of it detailed subdivision maps showing the two lots in question. a. As presently written, the General Plan has a policy (LU 4.2) prohibiting the creation of new residential lots without an amendment. While it exempts the re -subdivision of lots that were legally merged prior to the adoption of the General Plan, it is unclear to me that it has a policy allowing new mergers without amendment. b. Even if the need for a General Plan amendment is not a problem, Fact in Support of Finding 3.C.2 cites an acceptable range of density, but does not indicate where the density resulting from this merger falls in that range, or (if the density range applies only to average density in the general area, as the City held in Lookout Point Alliance, above) how it affects that. That is, will the density be in conformance? If not, will it be closer to conformance? c. The staff report similarly lacks an analysis of how the decrease by one of the City's available housing stock impacts the Housing Element, either globally or in this local area — or any other housing requirements the City may face. 4. Required Finding F on handwritten page 8 is confusingly not part of the merger approval, but is needed to waive the parcel map requirement per NBMC Section 19.08.030. This is not clearly delineated in the resolution, nor does the action at the end of handwritten page 8 make clear that the request for the waiver is being granted. However, it is described as a separate matter and a separate request both on the agenda and in the Project Summary. Is the parcel map requirement being waived? 5. Finally, it seems a very minor point, but I notice Condition of Approval 6 in Exhibit "A" is inconsistent as to whether the word "City" should be preceded by the article "the" or not. As written, it appears the language may have been lifted from a contract in which the word "City" was a defined term. Since there appears to be no such definition in the present resolution, I would suggest that at the first occurrence in Condition 6 say "the City of Newport Beach" and after that consistently say "the City." Exhibit C Exhibit D City Staff Report for PA2017-068 Dated June 15, 2017 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92659-9915 949-644-3200 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT June 15, 2017 Agenda Item No. 7 SUBJECT: Rodgers Residence (PA2017-068) SITE LOCATION: 320 and 322 Buena Vista • Coastal Development Permit No. CD2017-028 APPLICANT: Stephen E. Rogers OWNER: Stephen E. Rogers PLANNER: Jaime Murillo, Senior Planner (949) 644-3209, jmurillo@newportbeachca.gov GENERAL PLAN/ZONING DISTRICT • Coastal Land Use Category: Single -Unit Residential Detached — (10.0-19.9 DU/AC) (RSD-C) • Coastal Zoning District: Single -Unit Residential Detached (RS-D) • General Plan: Single -Unit Residential Detached (RS-D) • Zoning District : Single -Unit Residential (R-1) PROJECT SUMMARY A request for a Coastal Development Permit (CDP) to allow the demolition of an existing single-family residence at 322 Buena Vista Boulevard and remodel/expansion of an existing 3,075 square -foot, single-family residence at 320 Buena Vista Boulevard with a 3,070- square-foot addition. The resulting floor area of the residence would be 6,145 square feet. Parking would consist of an existing two -car garage and a new three -car garage. The development also includes grading, hardscape, and landscaping. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and Exhibit D 1 Rodgers Residence CDP Zoning Administrator, June 15, 2017 Page 2 3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development Permit No. CD2017-028 (Attachment No. ZA 1). DISCUSSION Land Use and Development Standards • The subject property is located in the R-1 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. The property is located in the Appeal Area and therefore a Coastal Development Permit is required and a Waiver for De Minimis Development cannot be issued. The property currently consists of two separate legal lots, each developed with a single-family residence. The applicant proposes to demolish the existing residence located at 322 Buena Vista Boulevard, merge the two lots into one parcel, and expand the existing residence located at 320 Buena Vista Boulevard. The two lots were previously approved to be merged by the Zoning Administrator on October 27, 2016, under Lot Merger No. LM2016-059 and by the California Coastal Commission on March 8, 2017, under Coastal Development Permit No. 5-16-115-W. Upon the demolition of the existing residence located at 322 Buena Vista Boulevard, recordation of the lot merger documents will be completed. The neighborhood is predominantly developed with two -and three-story single- family residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. • The proposed expansion to the existing single-family dwelling and accessory structures conform to all applicable development standards, including floor area limit, setbacks, height, and off-street parking as illustrated in Table 1 below. Table 1 — Development Standards Development Standard Standard Proposed Setbacks min. Front 9'-01, 9,41 Sides 4'-0" 5 4 /4'-0" Rear alb) Allowable Floor Area 5-0" 6,720 s . ft. 5-0" 6,145 square feet Allowable Yd Floor Area 504 s . ft. 408 s . ft. Open Space (min.) 504 s . ft. 536 s . ft. Parking (max.) 3-car garage 5-car garage Height (max.) 24' flat roof 29' sloped roof 24' 28'-11" Exhibit D 2 Rodgers Residence CDP Zoning Administrator, June 15, 2017 Page 3 Hazards The development fronts the Newport Bay, but is separated from the shoreline by a public sidewalk and private bayfront parcels. The project site is not protected by a bulkhead. • The finish floor elevation of the existing dwelling and proposed addition is 9.9 MSL (NAVD 88), which is higher than the minimum 9.00 MSL (NAVD88) elevation standard. A waterproofing 6-inch curb is proposed to be constructed around the perimeter of the dwelling that would protect against flooding up to an elevation of 10.4 feet (NAVD88). A Coastal Hazard and Sea Level Rise Analysis was prepared by GeoSoils, Inc., dated October 28, 2016 for the project. The report concludes it is very unlikely that any type of wave will reach the site even considering a 4.5-foot sea level rise and that the proposed project is reasonably safe from the shoreline erosion due to lack of wave or wakes that can erode sand from the beach. Overall, the analysis concludes that the proposed project will be safe from flooding hazards for the next 75 years. 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 located within 100 feet of coastal waters. Pursuant to Section 21.35.030 of the Municipal Code, a Construction Pollution Prevention Plan (CPPP) is required to implement temporary Best Management Practices (BMP's) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived from construction chemicals and materials. A CPPP has been reviewed and approved by the City's Engineer Geologist. Construction plans and activities will be required to adhere to the approved CPPP. Pursuant to Municipal Code Section 21.35.050, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. The WQHP has been reviewed and approved by the City's Engineer Geologist. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing Tmplc OUINI' Exhibit D Rodgers Residence CDP Zoning Administrator, June 15, 2017 Page 4 standard for BMPs, use of an LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be reviewed for compliance with the approved WQHP prior to building permit issuance. Public Access • The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. • Vertical access to the bay front is available approximately 250 feet west of the site at the intersection of Buena Vista Boulevard and West Bay Avenue where there is a small public beach with access to the water. • The public beach is also the start of a six -foot -wide public sidewalk providing lateral access and views of the bay along the bay front in front of the project site. The sidewalk is located within a 10-foot-wide right-of-way that would allow for future widening and maintenance. • The property is subject to Restrictive Covenant Agreements limiting the height of improvements and landscaping within previously vacated right-of-way bayward of the public sidewalk to maintain views of the bay. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) 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. The Class 1 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 addition of 3,070 square feet to an existing single-family residence. PUBLIC NOTICE Notice of this public hearing was published in the Daily Pilot, mailed to all owners of property and residential occupants 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. Exhibit D Rodgers Residence CDP Zoning Administrator, June 15, 2017 Page 5 APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644-3200. Prepared by: Ja6e Murillo Senior Planner JM Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans Exhibit D Attachment No. ZA 1 Draft Resolution Exhibit D 0 RESOLUTION NO. ZA2017-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-028 FOR THE EXPANSION OF AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 320 AND 322 BUENA VISTA BOULEVARD (PA2017-068) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Stephen E. Rodgers, with respect to property located at 320 and 322 Buena Vista Boulevard requesting approval of a coastal development permit. 2. The lot at 320 Buena Vista Boulevard is legally described as Lot 158 of Subdivision Block A, East Newport. The lot at 322 Buena Vista Boulevard is legally described as Lot 157 of Subdivision Block A, East Newport. The two lots were approved to be merged by the Zoning Administrator on October 27, 2016, under Lot Merger No. LM2016-059 and by the California Coastal Commission on March 8, 2017, under Coastal Development Permit No. 5-16-115-W. Upon the demolition of the existing residence located at 322 Buena Vista Boulevard, recordation of the lot merger documents will be completed. 3. The applicant proposes the demolition of an existing single-family residence at 322 Buena Vista Boulevard and remodel/expansion of an existing 3,075 square -foot, single-family residence at 320 Buena Vista Boulevard with a 3,070-square-foot addition. The resulting floor area of the residence would be 6,145 square feet. Parking would consist of an existing two -car garage and a new three -car garage. The proposed development also includes additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. 4. The subject property is located within the Single -Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS-D). 5. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is Single -Unit Residential Detached (RSD-C). 6. A public hearing was held on June 15, 2017, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. Exhibit D 7 Zoning Administrator Resolution No. ZA2017-### Page 2 of 8 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) 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. 2. Class 1 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 addition of 3,070 square feet to an existing single-family residence. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (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: 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 6,720 square feet and the proposed floor area is 6,145 square feet. b. The proposed development complies with the required setbacks, which are 9 feet along the front property line abutting Buena Vista Boulevard, 4 feet along each side of property line and 5 feet along the rear property line abutting the alley. Portions of the existing residence that currently encroach up to 4 inches into the westerly side setback are proposed to be demolished and the structure modified for setback conformance. C. The highest guardrail is less than 24 feet from established grade and the highest ridge is approximately 29 feet from established grade, which comply with the maximum height requirements. d. The project includes garage parking for a total of five vehicles, exceeding the minimum three -car garage parking requirement for single-family residences with more than 4,000 square feet of habitable floor area. aa-27-17 Exhibit D c> Zoning Administrator Resolution No. ZA2017-### Page_3 of 8 2. The neighborhood is predominantly developed with two -and three-story single-family residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 3. The development fronts the Newport Bay, but is separated from the shoreline by a public sidewalk and private bayfront parcels. The project site is not protected by a bulkhead. The finish floor elevation of the existing dwelling and proposed addition is 9.9 MSL (NAVD 88), which is higher than the 9.00 MSL (NAVD88) elevation standard. A waterproofing 6-inch curb is proposed to be constructed around the perimeter of the dwelling that would protect against flooding up to an elevation of 10.4 feet (NAVD88). 4. A Coastal Hazard and Sea Level Rise Analysis was prepared by GeoSoils, Inc., dated October 28, 2016 for the project. The report concludes it is very unlikely that any type of wave will reach the site even considering a 4.5-foot sea level rise and that the proposed project is reasonably safe from the shoreline erosion due to lack of wave or wakes that can erode sand from the beach. Overall, the analysis concludes that the proposed project will be safe from flooding hazards for the next 75 years. 5. 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. 6. The property is located within 100 feet of coastal waters. Pursuant to Section 21.35.030 of the Municipal Code, a Construction Pollution Prevention Plan (CPPP) is required to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived by construction chemicals and materials. A CPPP prepared by Civilscapes Engineering, dated March 7, 2017, has been reviewed and approved by the City's Engineer Geologist. 7. Pursuant to Municipal Code Section 21.35.050, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. A WQHP prepared by Civilscapes Engineering, dated March 7, 2017,has been reviewed and approved by the City's Engineer Geologist The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs 8. Proposed landscaping complies with Implementation Plan Section 21.30.075. 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 04-27-17 Exhibit D Zoning Administrator Resolution No. ZA2017-### Page 4 of 8 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; however, the project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. 2. Vertical access to the bay front is available approximately 250 feet west of the site at the intersection of Buena Vista Boulevard and West Bay Avenue where there is a small public beach with access to the water. 3. The public beach is also the start of a six -foot -wide public sidewalk providing lateral access and views of the bay along the bay front in front of the project site. The sidewalk is located within a 10-foot-wide right-of-way that would allow for future widening and maintenance of the sidewalk. 4. The property is subject to Restrictive Covenant Agreements limiting the height of improvements and landscaping within previously vacated right-of-way bayward of the public sidewalk to maintain views of the bay. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-028, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City's certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. 04-27.77 Exhibit D Zoning Administrator Resolution No. ZA2017-### Paae 5 of 8 PASSED, APPROVED, AND ADOPTED THIS 15T" DAY OF JUNE, 2017. Patrick J. Alford, Zoning Administrator 04-27-17 Exhibit D ii Zoning Administrator Resolution No. ZA2017-### Pa.qe6of8 EXHIBIT "A" CONDITIONS OF APPROVAL 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. Prior to the issuance of building permits, recordation of the Lot Merger No. LM2016-009 documents with the County Recorder shall be required. 3. Prior to the issuance of a building permit, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns. A case is pending before the California Supreme Court (Lynch v. California Coastal Commission (2014) 229 Cal.AppAth 658), which may affect this condition. If the Court finds the California Coastal Commission is unable to limit future shoreline protection, this condition shall be null and void without further action by either party. 4. Prior to the issuance of a building permit, the property owner shall submit a notarized signed letter acknowledging all hazards present at the site, assuming the risk of injury or damage from such hazards, unconditionally waiving any claims of damage against the City from such hazards, and to indemnify and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of development. 5. The existing stairs and planter wall located within the public right-of-way in front of 322 Buena Vista Boulevard lot shall be removed. 6. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit. 7. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. 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. 04.27-17 Exhibit D 12 Zoning Administrator Resolution No. ZA2017-### Page 7 of 8 9. 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. 10. Prior to issuance of the building permits, a copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans. 11. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only 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. 12. Prior to issuance of the building permits, the approved CPPP and WQMP shall be submitted with the Building Permit plans. Implementation shall be in compliance with the approved CPPP and WQMP and any changes could require separate review and approval by the Building Division. 13. 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. 14. 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. 15. 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. 16. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or the leasing agent. 17. This Coastal Development Permit No. CD2017-028 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. o4.27-17 Exhibit D t Zoning Administrator Resolution No. ZA2017-### Page 8 of 8 18. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Rodgers Residence Coastal Development Permit including, but not limited to, Coastal Development Permit No. CD2017-028 (PA2017-068). 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. 04.27-17 Exhibit D 114 Attachment No. ZA 2 Vicinity Map Exhibit D 115 VICINITY MAP Coastal Development Permit No. CD2017-028 PA2017-068 320 and 322 Buena Vista Boulevard Exhibit D 10 Attachment No. ZA 3 Project Plans Exhibit D 1-7 wm-pewa@)y�auu�,eyNwcpap :(a f99Z6 VIN)1OH1VJ'HJV39 lUOdM3N 9 ^ 3 ZV% - 119 (61-0 EW6 VINNOMWJ'HJV31 DdOdAUN NV'Id 3013 WIS a'A370oa V1SIA VN3na Z Z f 9 0 Z C ZZ 3llRSV13*3rllIs Hlot Sa iii a✓Nacasau suaooQ t i:)a I. M'dV ' U S D Q'IO:IQ VXQ .I33I-1$ ' LLL AO iiGOMI aw NoWuaV NY lit - ry .+ • N a n 0 5 tJIV V W I �a d lit lilt � r pppd555 II d N oP F �oQ? 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S,1 Q S IDO Q :1 a io muoraa arry Noivaav NY I' t � O 11 �rl F� Pg o 4 in Zoning Administrator - June 15, 2017 ITEM NO. 7a - ADDITIONAL MATERIALS RECEIVED Rodgers Residence CDP (PA2017-068) CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT 100 Civic Center Drive Newport Beach, California 92660 949 644.3200 new port beachca.gov/communityclevelopment Memorandum To: Patrick Alford, Zoning Administrator From: Jaime Murillo, Senior Planner Date: June 15, 2017 Re: Agenda Item No. 7 — 320 and 322 Buena Vista Blvd. (PA2017-068) Staff has prepared a revised draft resolution of approval. The revisions clarify that the subject parcels are not waterfront lots and are separated from the bay by a public sidewalk and private waterfront parcels. As such, the previous Condition No. 3 requiring an agreement waiving rights to future shoreline protection was removed as it does not apply to this parcel. The revisions also clarify the conclusions of the Coastal Hazard and Sea Level Rise Analysis that was prepared for this project. Zoning Administrator - June 15, 2017 ITEM NO. 7a - ADDITIONAL MATERIALS RECEIVED Rodgers Residence CDP (PA2017-068) REVISED RESOLUTION NO. ZA2017-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-028 FOR THE EXPANSION OF AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 320 AND 322 BUENA VISTA BOULEVARD (PA2017-068) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Stephen E. Rodgers, with respect to property located at 320 and 322 Buena Vista Boulevard requesting approval of a coastal development permit. 2. The lot at 320 Buena Vista Boulevard is legally described as Lot 158 of Subdivision Block A, East Newport. The lot at 322 Buena Vista Boulevard is legally described as Lot 157 of Subdivision Block A, East Newport. The two lots were approved to be merged by the Zoning Administrator on October 27, 2016, under Lot Merger No. LM2016-059 and by the California Coastal Commission on March 8, 2017, under Coastal Development Permit No. 5-16-115-W. Upon the demolition of the existing residence located at 322 Buena Vista Boulevard, recordation of the lot merger documents will be completed. 3. The applicant proposes the demolition of an existing single-family residence at 322 Buena Vista Boulevard and remodel/expansion of an existing 3,075 square -foot, single-family residence at 320 Buena Vista Boulevard with a 3,070-square-foot addition. The resulting floor area of the residence would be 6,145 square feet. Parking would consist of an existing two -car garage and a new three -car garage. The proposed development also includes additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. 4. The subject property is located within the Single -Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS-D). 5. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is Single -Unit Residential Detached (RSD-C). 6. A public hearing was held on June 15, 2017, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. Exhibit D Zoning Administrator - June 15, 2017 ITEM NO. 7a - ADDITIONAL MATERIALS RECEIVED Rodgers Residence CDP (PA2017-068) Zoning Administrator Resolution No. ZA2017-### Page_2_of 8 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) 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. 2. Class 1 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 addition of 3,070 square feet to an existing single-family residence. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (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: 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 6,720 square feet and the proposed floor area is 6,145 square feet. b. The proposed development complies with the required setbacks, which are 9 feet along the front property line abutting Buena Vista Boulevard, 4 feet along each side of property line and 5 feet along the rear property line abutting the alley. Portions of the existing residence that currently encroach up to 4 inches into the westerly side setback are proposed to be demolished and the structure modified for setback conformance. C. The highest guardrail is less than 24 feet from established grade and the highest ridge is approximately 29 feet from established grade, which comply with the maximum height requirements. 04-27-17 Exhibit D Zoning Administrator - June 15, 2017 ITEM NO. 7a - ADDITIONAL MATERIALS RECEIVED Rodgers Residence CDP (PA2017-068) Zoning Administrator Resolution No. ZA2017-### Page 3 of 8 d. The project includes garage parking for a total of five vehicles, exceeding the minimum three -car garage parking requirement for single-family residences with more than 4,000 square feet of habitable floor area. 2. The neighborhood is predominantly developed with two -and three-story single-family residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 3. The proiect site is separated from the sheFel; ;e Newport Bay by a public sidewalk and private bayfront parcels. FGteGted by a bulkhead -.-The finish floor elevation of the existing dwelling and proposed addition is 9.9 MSL (NAVD 88), which is higher than the 9.00 MSL (NAVD88) elevation standard. A waterproofing 6-inch curb is proposed to be constructed around the perimeter of the dwelling that would protect against flooding up to an elevation of 10.4 feet (NAVD88). 4. A Coastal Hazard and Sea Level Rise Analysis was prepared by GeoSoils, Inc., dated October 28, 2016 for the project. The report concludes it is very unlikely that any type of wave will reach the site even considering a 4.5-foot sea level rise and that the proposed project is reasonably safe from the shoreline erosion due to lack of wave or wakes that can erode sand from the beach. Overall, the analysis concludes that the proposed project will be safe from flooding hazards for the next 75 years using a low anticipated sea level rise rate and for the next 58 years using the highest anticipated sea level rise rate. 5. 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. 6. The property is located within 100 feet of coastal waters. Pursuant to Section 21.35.030 of the Municipal Code, a Construction Pollution Prevention Plan (CPPP) is required to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived by construction chemicals and materials. A CPPP prepared by Civilscapes Engineering, dated March 7, 2017, has been reviewed and approved by the City's Engineer Geologist. 7. Pursuant to Municipal Code Section 21.35.050, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. A WQHP prepared by Civilscapes Engineering, dated March 7, 2017,has been reviewed and approved by the City's Engineer Geologist The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to 04-27-17 Exhibit D Zoning Administrator - June 15, 2017 ITEM NO. 7a - ADDITIONAL MATERIALS RECEIVED Rodgers Residence CDP (PA2017-068) Zoning Administrator Resolution No. ZA2017-### Page 4of8 retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs 8. Proposed landscaping complies with Implementation Plan Section 21.30.075. 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 Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. 2. Vertical access to the bay front is available approximately 250 feet west of the site at the intersection of Buena Vista Boulevard and West Bay Avenue where there is a small public beach with access to the water. 3. The public beach is also the start of a six -foot -wide public sidewalk providing lateral access and views of the bay along the bay front in front of the project site. The sidewalk is located within a 10-foot-wide right-of-way that would allow for future widening and maintenance of the sidewalk. 4. The property is subject to Restrictive Covenant Agreements limiting the height of improvements and landscaping within previously vacated right-of-way bayward of the public sidewalk to maintain views of the bay. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-028, subject to the conditions set forth in Exhibit 'A," which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section c4.27-n Exhibit D Zoning Administrator - June 15, 2017 ITEM NO. 7a - ADDITIONAL MATERIALS RECEIVED Rodgers Residence CDP (PA2017-068) Zoning Administrator Resolution No. ZA2017-### Page 5 of 8 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 15T" DAY OF JUNE, 2017. Patrick J. Alford, Zoning Administrator 04-27-17 Exhibit D Zoning Administrator - June 15, 2017 ITEM NO. 7a - ADDITIONAL MATERIALS RECEIVED Rodgers Residence CDP (PA2017-068) Zoning Administrator Resolution No. ZA2017-### Paae 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 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. Prior to the issuance of building permits, recordation of the Lot Merger No. LM2016-009 documents with the County Recorder shall be required. NOW .. . .. . ... . IWOMM. • ___ .. s .. •- 0 0 C • .. • .. .WINAMM.Mr Prior to the issuance of a building permit, the property owner shall submit a notarized signed letter acknowledging all hazards present at the site, assuming the risk of injury or damage from such hazards, unconditionally waiving any claims of damage against the City from such hazards, and to indemnify and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of development. The existing stairs and planter wall located within the public right-of-way in front of 322 Buena Vista Boulevard lot shall be removed. 6-5. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit. 7-6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. 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. 04-27-17 Exhibit D Zoning Administrator - June 15, 2017 ITEM NO. 7a - ADDITIONAL MATERIALS RECEIVED Rodgers Residence CDP (PA2017-068) Zoning Administrator Resolution No. ZA2017-### Paae 7 of 8 9 8 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. 4&9. Prior to issuance of the building permits, a copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans. 44-10. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only 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. 4-2-.11. Prior to issuance of the building permits, the approved CPPP and WQMP shall be submitted with the Building Permit plans. Implementation shall be in compliance with the approved CPPP and WQMP and any changes could require separate review and approval by the Building Division. 4-3-12. 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. 4413. 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, 4-5-14. 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. 44&-.15. 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. 4-7-16. This Coastal Development Permit No. CD2O17-028 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. 04-27-17 Exhibit D Zoning Administrator - June 15, 2017 ITEM NO. 7a - ADDITIONAL MATERIALS RECEIVED Rodgers Residence CDP (PA2017-068) Zoning Administrator Resolution No. ZA2017-### Page 8 of 8 I17. 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 Rodgers Residence Coastal Development Permit including, but not limited to, Coastal Development Permit No. CD2017-028 (PA2017-068). 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. J4-27-17 Exhibit D Exhibit E Recorded Lot Merger Recorded September 21, 2017 Recording Requested by and Mail to: City of Newport Beach Public Works Dept Attn: Subdivision 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 21.00 *$ R 0 0 0 9 5 7 7 0 1 3$ 2017000401498 11:42 am 09121/17 47 NC-5 L09 F13 5 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 i nls opace Tor Kecorclers use Only Lot Line Adjustment/Lot Merger 37Z BIAer4A VLIZXA $Ltib.,1.115w4el!4,T S&Vut,CQ g246.D Atw Address(es) or Property Involved: 121 t'-1#41144 QtLTA 8Ly4 t4ewP0A-s i Aa+ C.� QZbbo. Owner(s) Affidavit I (We) hereby certify under penalty of perjury that 9) 1 am (we are) the record owner(s) of all parcels proposed for adjustment by this application, 2) 1 (We) have knowledge of and consent to the filing of this application, 3) the information submitted in connection with this application is true and correct; and 4) 1 (We) consent to the recordation of these documents. RECORD OWNERS: i Parcel �P�1 b'At -D31 --bb ANC 011 NAM2=ir Tgww I�zu-Qbv `1Z gts Vrnu►-y `lMa L&� t*H 2k 2 o0�2 Signature of parcel owner Signature of parcel owner Parcel APB 04b -031 ~ lS Arto Oaf$ "D31-1.7 NAME: IRS rl K G G-NW l P TRLq--r ►ea.'fft goW-M VrMn��ti `rl�Rus�t DWtm MQ_K 2 Signature of parcel owner Signature of parcel owner Parcel NAME: Signature of parcel owner Signature of parcel owner Parcel NAME: Signature of parcel owner Signature of parcel owner NOTE: Each of these signatures must be notarized, using the appropriate Jurat attached and completed by a Notary Public. Approved for Recording CITY F NEWPORT BEACH 99 City Engineer: Date: ve-V I C F 1Users\CDD1SharedWdminlPlanning DivsionWpplicaVons\ABLMUnfo.docx �J Updated 8121/13 �1 FOrder 58602201014 El�glf Requested By: Arlene Bernath , Printed: 2/10/2022 4:10 PM Doc 2017-401498 LOTMER 09-21-2017 California All -Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of T1ii4� S.S. On NGf,+d7 �o,w� �' before me, rvame of Natsry Publlc. Ttle personally appeared JIEPr�, Name of Signer (t ) Name of Signer (2) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(f� is/af&subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacitykioc+ and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SUSAN K. MALH - A Notary Public • California WITNESS my hand and official seal. Los Angeles County ,[ � IQ Commission 12148027 el S!gnature of Not..ry PuNlc OPTIONAL INFORMATION Although the information in this section is not required by iaw, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of Ow"~g (f ) A-PrAWrW _i0ms: 0!HO-031-16 • 0S�04-63/-/R containing 2_ pages, and dated OR J Ilk/" 6 The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attomey-in-fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Nanivs of Peron(s) En.wyk-,, Sipes is Ropreeontnq `E? a ';> { } 'ag: rt a E!l 4 0w: t` 't •._ Method of Signer Identification Proved to me on the basis of satisfactory evidence: &`form(s) of identification ❑ credible witnesses) Notarial event is detailed in notary journal on: Page # S"D Entry # 1 Notary contact: J Nook n Other ❑ Additional Signer R"signer(s) Thumbprints(s) V 2009-2015 Notary Learning Center - All Rights Resar, ed You can purchase copies of this form from cur web site at •rvw.TheNotarysS-,ore,com it i Order: 58602201014 age "2 of S Requested By Arlene Bernath , Printed 2/10/2022 4:10 PM Doc 2017-401498 LOTMER 09-21-2017 CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. LA - _ - OR LOT MERGER NO. LM Poji6 - 009 OWNER Rogers Family Trust Rogers Family Trust (LEGAL DESCRIPTION EXISTING PARCEL AP NUMBER (Lot157) 048-031-18 (Lot158) 048-031-16 PROPOSED PARCELS REFERENCE NUMBERS 1 1 That real property in the City of Newport Beach, County of Orange, State of California being Lots Lots 157 & 158 of the Subdivision of Block A East Newportper-Map recorded in Book 4, Page 51, records of said Orange County, California. �y�p1A nS�G DOU Douglas Fos t •r PLS 4599 STERSTER �,c j FOO 5� No. 4599 �. OF CAOE - tXcnb.IcMat8%USerslCD MSh Fired 1AdminT1 annInp_Divi sion4lppliaationuLLA&LMUnfo,docx Updated 7/18113 Order: 58602201014 `Agj �df Requested By: Arlene Bernath , Printed: 2/10/2022 4:10 PM Doc2017-401498 LOTMER 09-21-2017 EXHIBIT "B" _ CITY OF NEWPORT BEACH LO r LINEA©JUSTIWENT NO. LA - I- OR LOT MERGER NO. LM zoto - 009 (MAP) OWNER Rogers Family Trust Rogers Family Trust I� IU n jCz ? } W'J ILI U U v �°Q al7v p ara o QZ� J �,9 � -► M a 0 n I � I U rr r\ U 2 a � � M u J� AP # OWNER (Lot157) 048-031-18 (Lot158) 048-031-16 N TO Parcel #(=)WNER 1 1 Li �! N J 0 m Area = 4,734 Sq.Ft. 14A3 OF- HC Sv gi�I vIS ionl aF J I%'A 2;,c5ay-4, PACE 31, P- CURD9 OF 012ANGE �UNT'y, CR. L. C-FT N / S�a t-AND V' DOUOIAS O. J FOSTER O ND. 4599 CA1-N'C- Lo`T 15 7 �Jli m 11cnb.1cl UatalUserslC DD15haredlAdm inTla nning_DiviSion WpplicaUonsU.ABL MUn fo. docx Updated 7118/13 Order: 58602201014 agelof Requested By: Arlene Bernath , Printed 2/10/2022 4:10 PM Doc 2017-401498 LOTMER 09-21-2017 CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. LA .o._ -; OR LOT MERGER NO. LM 01(o OWNER Rogers Family Trust Rogers Family Trust �D (L a J m z 00 `ou � Foisr1r-t 0RCAt� M U LL o SITE PLAN AP # OWNER Lot 157) 048-031-18 Lot 158) 048-031-16 Parcel #OWNER 1 (L O-T I i'S G 1 >, etc"W 70 9G' 5.G' (Lc, I S7 T— I S-r. �=L,007- oPfm SPI"cE- --Plopa SAD Ab"D171oN `\ 1 32Z QuE14A V t 5-roA F3LYD '-�1 'wD FLOOR oPiEt,,� SPACC- PARCF-L g • F x l 5 `` f 1.1 G f= bey-r P R r tt�' --_ 320 NA ViSfA '16LVib. ( LO-T 1 5 12,) 'Dour tss 0. F0 el 4-g 0011 ' Jv N \Icnb.lcAdata\Users\C DDISha redlAdminlPlan ning_DivlsionlA pplieaUonsU-ABLM\Info. docx Updated 7/18/13 Order: 58602201014 —P�g� 5 it 5 Requested By: Arlene Bernath , Printed: 2/10/2022 4:10 PM Doc: 2017-401498 LOTMER 09-21-2017 Exhibit F City Building Permit X2016-4132 Issued September 25, 2017 X 'O TAT o �o J z O7 o < Ju�r.00 D `J 0 r in cn G m 13 •D O D r -i O D r -n m m W bo OJ ro N_ !D O Ln -n (D (D C ro a T ro 3 N C w 7 n m 14 •nmmzZDDO-lo cmm �D� m ET O� W o$ o o Qnna a CD _ CL O ro (D c (D ro a M o. 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CL _ 7 0 w N O O n m (D w 0 2 ro w CL m r Exhibit G 1988 Shared Permit Drawing for Pier Permit 1 15-320 Cl r Y an, N",00.ar- BE-.gcN q � h /• =So' ru B T/ T6• t_ M L ��.-� ,........ 0.00 lop" O� � 0 JwtfaA D ft,b p ,o "f c, - a `t. '+ r II o M �J � M � w �. •o A t GN�wiA \ O I, •I t M /,c C�'9 ti Ik Vicwrry SKETCH ""'�,.. N/wPnar DAY CALWOMMIA ' deny YI r \ Sounor.n95 ore o,rpre stall ­7 feel, and cle"Ole \ deP,tie below MCO07 Lower Low Wotdr. 41OXI...v.. n9t of t�'dc opPro��-.►o�./y /O,r�e� Noibor /.:Tes or a /06/i'3/rs S d ii, /tiffs , secfio.I oFNewporf Bor 'S SA :•' r it \ •/ � s' 1 T_ J RAMP r1 39 i Vi 57,4 dz-vo lu• 3ar ��,� ✓v/3 Dr ��5� n.v I o F f3l� c(f r u irk j O EA S'P' _ 4 Iare• -.7z: `Iz t7 1 fy„c knu)f, N/I/:. /lA.u;�r: / ti;+i, / 5i SUgOrv�P'�^f ,C./Vd"itJl41lt7 4 1c` .t/TS ; AOM /MrInrn A►,r�r'P. Gar: /G� BGK.' TRACT: I -MA( rtA .,s •r /-) Jae ,4Ao,�E$S : ;N„ 1�� 3?I� L;;k rJ.d (�� -..� CoArrA�cro�s: S/re f� o.ar'B:j Exhibit G Exhibit H Drawing Prepared by SwiftSlip Dated May 9, 2022 CLIENT SITE SWIFT SLIP DOCK & 6351 Industry Way, Westminster, CA 92683 Phone: (949) 631-3121 PIER BUILDERS, INC Fax: .swi slipdo k www.swiftslipdocks.com HIGH, STEVE I RO I I t.o 105/09/22rRv DRAWN CHECKED REVISION I DATE 320 BUENA VISTA BLVD. NEWPORT BEACH, CA 92661 i(E) FLOATING DOCK, I i GANGWAI & PIER ' (E) FLOATIN DOCK, GANGWAY PIER I I I � I I AMENDMENTS DESCRIPTION I BY I DATE 60, PROJECT f61 f°1 LINE pIERHEAD 131 ICE BULKHEAD LINE -------- — —F— --- »— ----------------1-- — — p ,10 320/322 BUENA VISTA ( I I 328 BUENA VISTA BLVD. i I I BLVD. i R� �R L--------------- L------------- ------------ ±72'-1 0" f, 60' 41CINITY MAP Exhibit H Exhibit I City's GIS Map Showing Detail For Buena Vista Boulevard J O m x n . s K 7J O f 21 O� �9 J� J � O� J� J� e J7J J� J JOQ 7J J, J� � O J s i� JJ J J� v �e y � J7! v� y� � JJ1 t`` a` � JJS O J70 Jl7 J71 l76 JJO JJl �1I 7 iJ J IS JI7 y�M1I�M1�� J13 J71 J7J