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HomeMy WebLinkAboutPC2022-017 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2021-081 TO ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE AND AN ADJUSTMENT TO THE OFF-STREET PARKING REQUIREMENTS, AND HEIGHT REQUIREMENTS CONSISTENT WITH USE PERMIT NO. UP3618 FOR THE PRRESOLUTION NO. PC2022-017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2021-081 TO ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE AND AN ADJUSTMENT TO THE OFF-STREET PARKING REQUIREMENTS, AND HEIGHT REQUIREMENTS CONSISTENT WITH USE PERMIT NO. UP3618 FOR THE PROPERTY LOCATED AT 20 BAY ISLAND (PA2021-305) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brian Jowett of Brandon Architects (“Applicant”), on behalf of Bay Island Club (“Owner”), with respect to property located at 20 Bay Island, and legally described as allotment 1 of Bay Island as shown on the official map of Bay Island (“Property”), requesting approval of a coastal development permit and a height allowance. 2. On November 24, 1997, the City Council approved Use Permit No. UP3618 to implement a Planned Residential Development Overlay District, which modified the Multi-Family Residential (MFR) zoning and development regulations for Bay Island including authorizing off-site parking. The purpose of Use Permit No. UP3618 is to ensure that future development maintains the single-family detached character of Bay Island. 3. The Applicant requests a coastal development permit to allow the construction of a new 4,402-square-foot, single-family residence, adjustment to the off-street parking requirements with a parking management plan and an increase to the allowed building height to 28 feet for flat portions of the roof and 33 feet for the sloped portions of the roof in accordance with Use Permit No. UP3618 (“Project”). 4. The Property is located within the Multi Residential (RM) Zoning District and the General Plan Land Use Element category is Multiple Residential Detached (RM-D). 5. The Property is located within the coastal zone. The Coastal Land Use Plan category is Multiple-Unit Residential – 10.0 – 19.9 DU/AC (RM-C) and the Coastal Zoning District is Multi Residential (RM). A public hearing was held on July 7, 2022, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 21.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. Planning Commission Resolution No. PC2022-017 Page 2 of 10 10-18-21 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15303 under Class Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the construction of limited number of new, small structures, including one single-family residence. The Project is a single-family residence located within the Multi Residential (RM) Coastal Zoning District. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Coastal Development Permit In accordance with NBMC Subsection 21.52.015(F) (Coastal Development Permits – Findings and Decision), the following findings and facts in support of the coastal development permit are set forth as follows: Finding A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding 1. The proposed design, bulk, and scale of the Project is consistent with the existing single- family neighborhood pattern of development and expected future development of Bay Island in that it is consistent with development standards authorized by Use Permit No. UP3618. 2. The Project complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and open space. a. The maximum cumulative floor area limitation for all residential development on Bay Island is ~143,916 square feet and the proposed cumulative floor area is ~ 130,095 square feet. b. The Project complies with the required setbacks as set forth in Section 21.18.030 of the NBMC which are 20 feet along all exterior property lines. Planning Commission Resolution No. PC2022-017 Page 3 of 10 10-18-21 c. The Project complies with the required height limitations as set forth in Section 21.18.030 of the NBMC. The maximum height in the Multiple Residential (RM) Coastal Zoning District is 28 feet for flat roofs and 33 feet for sloped roofs. The Project’s highest flat elements of the roof are no more than 28 feet from established grade and the highest ridge is no more than 33 feet from established grade, which meet the Section 21.18.030’s maximum height requirements. d. The minimum required common open space on Bay Island is 1,725 square feet and the proposed common open space is approximately 452,460 square feet. e. The minimum required private open space for the Project is 220 square-feet and the proposed private open space is 287 square feet. 3. The Project includes over 4,000 square feet of livable area and requires three (3) garage parking spaces pursuant to Section 21.40.040 (Off-Street Parking Spaces Required) of the NBMC. However, the Project complies with Section 21.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC in that a parking management plan is being provided as follows: a. Bay Island is accessible by a gated pedestrian bridge and the only vehicles permitted on the island are golf carts. The Project includes a dedicated 172 square-foot garage for on-site golf cart parking. b. Off-site parking is provided in a parking structure located at 501 West Bay Avenue pursuant to Use Permit No. UP3618, previously approved by the Planning Commission in 1997. The parking structure includes 49 parking spaces designated for the 23 existing single-family residences on Bay Island, equating to two (2) or more off-site spaces per residence. 4. Bay Island is predominantly developed with two (2) and three (3) story, single-family residences. The proposed design, bulk, and scale of the Project will be consistent with the existing neighborhood pattern of development and expected future development. 5. Pursuant to Section 21.30.030(C)(3)(i)(iv) – (Natural Landform and Shoreline Protection) of the NBMC, the property owner will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The property owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with Section 21.30.015(D)(3)(c) – (Waterfront - Development Standards) of the NBMC. Both requirements are included as conditions of approval that will need to be satisfied prior to final building inspection, and prior to the issuance of building permits, respectively. 6. The Project fronts the Newport Bay with a sandy beach separating the Project site and the water. A project-specific Coastal Hazards Analysis Report was prepared by GeoSoils, Inc., dated May 19, 2021. The maximum bay water elevation is 7.7 feet NAVD 88 (North American Vertical Datum of 1988 (NAVD 88). The report analyzes future sea level rise scenarios assuming a 2.95-foot increase in the maximum water level over the next 75 years Planning Commission Resolution No. PC2022-017 Page 4 of 10 10-18-21 (i.e. the life of the structure). Therefore, the sea level is estimated to reach approximately 10.7 feet (NAVD 88) - (the likely range for sea level rise over the 75-year design life of the structure based on low risk aversion estimates for sea level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update). The existing bulkhead was reinforced and capped up to 9 feet in 2014 and can be increased in height in the future. The report concludes that flooding, wave run up and erosion will not significantly impact this Property over the life of the Project since the existing seawall/bulkhead was reinforced and repaired in 2014 and may be increased in height without further encroachment seaward. The need for a new shoreline protective device is not anticipated over the economic life of the Project to protect it from flooding, wave runup or erosion. A condition of approval is included requiring waterproofing of principal structures up to a height of 10.7 feet (NAVD 88). 7. The finished floor elevation of the proposed single-family residence is 10.00 feet (NAVD 88), which complies with the minimum 9.0-foot (NAVD 88) elevation standard. 8. 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. 9. The Project complies with the landscaping standards set forth in Section 21.30.075 (Landscaping) of the NBMC. A condition of approval is included that requires drought-tolerant landscaping, and prohibits invasive, species. Final landscape plans will be reviewed to verify invasive species are not planted. 10. The Property is located adjacent to coastal waters. The project design addresses water quality with a construction erosion control plan and a post drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event run-off onsite. Any water not retained on-site is directed to the City’s storm drain system. 11. The project site is not located adjacent to a coastal view road, public viewpoint, or public accessway, as identified in the Coastal Land Use Plan. The project is located within the viewshed of public beaches at the nearby street ends on the Balboa Peninsula. The project site is also located within the viewshed of distant public viewing areas. However, the project will replace an existing single-family residence with a new single-family residence that complies with all applicable Local Coastal Program development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Further, the proposed project maintains a maximum height of 33 feet where the Local Coastal Program development standards allow a maximum height up to 33 feet. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. Planning Commission Resolution No. PC2022-017 Page 5 of 10 10-18-21 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 aby body of water located in the coastal zone; Facts in Support of Finding 1. The Project is located between the nearest public road and the sea or shoreline in the private community of Bay Island. Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. The project involves the demolition of a single-family residence and the construction of a new single-family residence. Therefore, there is no change in land use and the proposed increases in floor area, height and bulk will not result in any significant adverse impacts to public recreation, access or views or otherwise diminish the public’s use of the ocean, harbor, bay, channels, estuaries, salt marshes, sloughs, beaches, coastal parks, trails, or coastal bluffs. 2. Vertical and lateral access to the bay front is available adjacent to the Bay Island community at the street ends along the Balboa Peninsula (approximately 150 feet from the subject property). Lateral access to the bay front is also available along the sandy beachfront of the abandoned Edgewater Avenue adjacent to the Bay Island Bridge, and the passive sitting area adjacent to the Bay Island Bridge. Parking Requirements In accordance with Section 1.5.4 (Parking) of Use Permit No. UP3618, the following finding and facts in support of the parking requirements are set forth as follows: Finding Two (2) off-street parking spaces, including one (1) covered, shall be maintained for each dwelling unit, including any caretaker’s residences. Facts in Support of Finding 1. Although Section 21.40.100 (Off-Site Parking) of the NBMC requires certain findings for off-site parking, Use Permit No. UP3618, which was adopted prior to Section 21.40.100, authorizes off-site parking provided the project provides the adequate number of spaces off-site. 2. Use Permit No. UP3618 requires two (2) off-street parking spaces per dwelling unit. 3. Off-site parking is provided in a parking structure located at 501 West Bay Avenue pursuant to Use Permit No. UP3618. The parking structure includes 49 parking spaces Planning Commission Resolution No. PC2022-017 Page 6 of 10 10-18-21 designated for the 23 existing single-family residences on Bay Island, equating to two (2) or more off-site spaces per residence. Height Increase In accordance with Section 1.5.5 (Building Height) of Use Permit No. UP3618, the following finding and facts in support of the finding for a height increase are set forth as follows: Finding The proposed building height is compatible and consistent with the height and scale of adjacent and surrounding dwellings. Facts in Support of Finding 1. Use Permit No. UP3618 allows the height of residential dwellings to be increased from 24 feet up to 28 feet, using the measure of height defined in the Zoning Code, if found to be compatible with the height and scale of adjacent and surrounding dwellings. The NBMC measure of height for residential buildings allows an additional 5 feet in height for sloping roofs with a minimum 3:12 pitch. Therefore, a 24-foot height limit allows up to 29 feet for sloping roofs and a 28-foot height limit allows up to 33 feet for sloping roofs. 2. The proposed single-unit dwelling features a sloping roof with a minimum 3:12 pitch up to a maximum height of 33 feet, consistent with the provisions of Use Permit No. UP3618 and Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) of the NBMC. 3. The majority of dwelling units on Bay Island were constructed prior to 1972, when the Zoning District was R-3 and allowed for a height of 35 feet. The majority of existing residences on Bay Island are similar in height to the proposed dwelling. Therefore, the proposed building height is compatible and consistent with the height and scale of adjacent and surrounding dwellings. 4. The Bay Island Homeowners’ Association has indicated, through a letter stating approval of conceptual plans, that the increase in height is consistent with the Bay Island scale of development. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Planning Commission Resolution No. PC2022-017 Page 7 of 10 2. The Planning Commission of the City of Newport Beach hereby approves CD2021-081, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this resolution was adopted unless within such time an appeal or call for review is filed with the City Clerk in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the NBMC and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the California Public Resources Code. PASSED, APPROVED, AND ADOPTED THIS 7TH DAY OF JULY, 2022. AYES: Ellmore, Harris, Kleiman, Lowrey, Rosene, and Weigand NOES: ABSTAIN: ABSENT: Klaustermeier BY: ~ / __ L_a_u-re_n_K-le_i_m_a_n_, C-ha_i_rm_a_n_ BY: \,A/\..'2_------------Mark Rosene, Secretary 10-18-21 Planning Commission Resolution No. PC2022-017 Page 8 of 10 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Prior to issuance of a building permit, the applicant shall prepare a construction management plan to minimize impacts to adjacent residences on Island Avenue and Edgewater Avenue to be reviewed and approved by the Community Development Director. 3. A minimum of two (2) parking spaces, including one (1) covered, shall be maintained for the dwelling unit at the parking structure located at 501 West Bay Avenue (Lots 2, 3, 4, 5, 6 Block 3, East Newport Tract). 4. A minimum of one (1) enclosed parking space shall be maintained onsite for golf cart parking. 5. All principal structures shall be waterproofed to a minimum height of 10.7 feet NAVD 88. 6. 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. This letter shall be scanned into the plan set prior to building permit issuance. 7. Prior to final building permit inspection, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices including the repair and maintenance, enhancement, reinforcement, or any other activity affecting the bulkhead, that results in any encroachment seaward of the authorized footprint of the bulkhead or other shoreline protective device. The agreement shall be binding against the property owners and successors and assigns 8. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain Planning Commission Resolution No. PC2022-017 Page 9 of 10 10-18-21 or result in impacts to environmentally sensitive habitat areas, streams, wetland or their buffers. 9. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Pollution Prevention Plan (CPPP). 10. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 11. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stockpiles and construction materials shall be covered, enclosed on all sides, nor stored in contact with the soil, and located as far away as possible from drain inlets and any waterways. 12. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 13. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 14. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 15. 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. 16. 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. 17. 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. 18. 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. Planning Commission Resolution No. PC2022-017 Page 10 of 10 10-18-21 19. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 20. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current property owner or agent. 21. Coastal Development Permit No. CD2021-081 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. 22. 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 Gunderson Residence including, but not limited to, Coastal Development Permit No. CD2021-081 (PA2021-305). 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.