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HomeMy WebLinkAboutZA2023-003 - APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND THE CONSTRUCTION OF A NEW TWO (2)-STORY, SINGLE-FAMILY RESIDENCE AND ATTACHED, THREE (3)-CAR GARAGE LOCATED AT 2130 SANTIAGO DR (PA2022-121)RESOLUTION NO. ZA2023-003 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND THE CONSTRUCTION OF A NEW TWO (2)-STORY, SINGLE-FAMILY RESIDENCE AND ATTACHED, THREE (3)-CAR GARAGE LOCATED AT 2130 SANTIAGO DRIVE (PA2022-121) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jake Winkle, of Winkle Custom Homes, with respect to property located at 2130 Santiago Drive, legally described as Lot 1 of Tract 4224 requesting approval of a coastal development permit. 2. The applicant proposes the demolition of an existing single-family residence and the construction of a new 4,921-square-foot residence and attached 758-square-foot, three (3)-car garage. The project also includes the construction of an in-ground pool, covered, sunken patio, landscaping, hardscaping, drainage, and site walls. The design complies with all applicable development standards and no deviations are requested. 3. The subject property is designated RS-D (Single Unit Residential Detached) by the General Plan Land Use Element and is located within the R-1-6000 (Single-Unit Residential) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD-A (Single Unit Residential Detached – 0.0 – 5.9 DU/AC) and it is located within the R-1-6000 (Single-Unit Residential) Coastal Zone District. 5. A public hearing was held on January 26, 2023, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is 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 demolition of up to three (3) single-family residences and additions of up to 10,000 square feet to existing structures. The proposed project consists of the Zoning Administrator Resolution No. ZA2023-003 Page 2 of 10 10-18-21 demolition of one (1) single-family residence and the construction of a 4,921-square- foot residence, an attached 758-square-foot, three (3)-car garage. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. Further, all improvements are proposed on private property and the unpermitted encroachments within the bluff area are required to be removed and restored to native conditions. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (Coastal Development Permits, Findings, and Decision) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The proposed development complies with applicable residential development standards including, but not limited to, site coverage, setbacks, height, parking, and Bluff Overlay standards. a. Site coverage is limited to 60 percent (5,802 square feet) of the 9,671-square-foot lot area. The proposed site coverage area is approximately 47 percent (4,549 square feet). b. The proposed development provides the minimum required setbacks, which are 6 feet along the front property line along Santiago Drive, 6 feet along each side property line, and 6 feet along the rear property line along the bluff edge. c. The highest roof ridge is approximately 25 feet, 5.25 inches from the established grade (67.09. feet based on the North American Vertical Datum of 1988 [NAVD88]), less that the 29-foot maximum height limit requirement. d. The project includes garage parking for a total of three (3) vehicles, complying with the minimum three (3)-car garage parking requirement for single-family residences with more than 4,000 square feet of habitable floor area. e. Pursuant to the Bluff Overlay Map B-9A (Upper Newport Bay Bluffs), the property is located on a bluff not subject to marine erosion. Consistent with the Bluff Overlay standards, the proposed principal dwelling, and major accessory structures (including Zoning Administrator Resolution No. ZA2023-003 Page 3 of 10 10-18-21 the swimming pool) are located within Development Area A and setback. Minor accessory structures, including walls and minimal grading, are proposed within Development Area B. There is no Development Area C located on the subject property. Additionally, Conditions of Approval numbers 8 and 9 require the removal of existing, unpermitted improvements located outside the property line on the bluff edge, and the replanting of the bluff edge with native plants. 2. The neighborhood is predominantly developed with one (1)- and two (2)-story, single- family residences. The proposed two (2)-story design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development and expected future development. 3. The lot was previously graded to provide a relatively level building pad for the construction of the original home. The pad sits approximately 68 feet above mean sea level, adjacent to a bluff that descends approximately 50 feet to Upper Newport Bay. A Geotechnical Investigation, dated April 5, 2022, was prepared by Coast Geotechnical, Inc., for the project and found that the proposed grading and construction will not adversely affect the geologic stability of the existing bluff or adjoining properties or structures, provided construction is performed in accordance with report recommendations and sound construction techniques. In addition, the report found that the geologic conditions of the site are favorable with respect to the gross stability of the bluff that descends from the subject property to the bay. The site is not susceptible to earthquake-induced liquefaction or land sliding. The report concludes that as the project site is located adjacent to a descending bluff slope, proper drainage design is of critical importance to the stability of the slope and shall be designed by a Licensed Civil Engineer. 4. The property is in an area known for the potential for seismic activity. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 5. 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. A biological assessment was completed on August 15, 2022, by Hamilton Biological Inc. The report found no listed or otherwise sensitive species present and ultimately concluded that the project impacts would be less than significant with the implementation of mitigation measures. The project has been conditioned that all Zoning Administrator Resolution No. ZA2023-003 Page 4 of 10 10-18-21 proposed bluff-facing deck railing systems, fences, screen walls, and gates shall use materials designed to minimize bird strikes. 7. The biological assessment, completed on August 15, 2022, by Hamilton Biological, also found unpermitted encroachments of fences, non-native plantings, and irrigation on the bluff area outside the property line, along the Back Bay frontage. The project has been conditioned that all unpermitted encroachments shall be removed and that the bluff shall be replanted with native vegetation. The project is specifically conditioned so that all necessary permits shall be obtained from all appropriate agencies, such as the California Department of Fish and Wildlife, the County of Orange, and/or any other relevant jurisdiction. 8. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to the proximity of the development to the water and the development containing more than 75 percent of impervious surface area, a Water Quality and Management Plan (WQMP) is required. A WQMP prepared by Civilscapes Engineering, Inc., dated March 10, 2022, will be reviewed, and approved by the City’s Engineer Geologist before the issuance of building permits. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for best management practices (BMPs), the use of low- impact development and treatment control approaches to retain the design storm runoff volume on-site, and documentation of the expected effectiveness of the proposed best management practices BMPs. 9. The project design addresses water quality with a construction erosion control plan and a post-construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event run-off on-site. Any water not retained on-site is directed to the City’s storm drain system. 10. Proposed landscaping complies with NBMC Section 21.30.075 (Landscaping). A condition of approval is included that requires drought-tolerant and noninvasive species. Prior to the issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 11. The project site is located approximately 530 feet north of a Back Bay Loop trailhead, a designated public viewpoint as identified in the Coastal Land Use Plan. The project site is also located adjacent to Irvine Avenue, a designated coastal view road as identified by the Coastal Land Use Plan. The viewpoint offers public views to the north, east, and southeast of Upper Newport Bay. Irvine Avenue offers views of Upper Newport Bay to the east. A site evaluation found that the project site is the seventh property within a row of existing residences originally built in the 1960s. The project will simply replace an existing single- family home with a new single-family home. Project implementation will also remove unpermitted improvements and restore a portion of the bluff to a more natural condition. Zoning Administrator Resolution No. ZA2023-003 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 any body of water located within the coastal zone. Facts in Support of Finding: 1. The project site is located between the nearest public road and the sea along the Upper Newport Bay Bluffs. Blufftop access along Irvine Avenue is provided adjacent to the site along a trail designated by the Coastal Land Use Plan. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project replaces an existing single-family residence located on a standard R-1-6000 lot with a new single- family residence. Therefore, the project does not involve a change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act 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 and the exceptions to the Class 3 exemption do not apply. 2. The Zoning Administrator of the City of Newport Beach hereby approves coastal development permit (PA2022-121), 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 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. Zoning Administrator Resolution No. ZA2023-003 Page 6 of 10 10-18-21 PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF JANUARY, 2023. Zoning Administrator Resolution No. ZA2023-003 Page 7 of 10 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Swimming pools shall be of double wall construction with sub drains between the walls and leak detection devices or an equivalent method. 3. The only allowed grading within Development Area B is limited to superficial grading for at-grade structure only. No excessive grading shall be permitted in Development Area B. 4. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter the sensitive habitat, receiving waters, or storm drains or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 5. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 6. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one (1) or two (2) short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. Zoning Administrator Resolution No. ZA2023-003 Page 8 of 10 10-18-21 7. Prior to the issuance of a building permit, the Applicant shall submit a final site plan where all proposed bluff-facing deck railing systems, fences, screen walls, and gates utilize materials designed to minimize bird strikes. Such materials may consist, all or in part, of wood; wrought iron; frosted or partially frosted glass, Plexiglas, or other visually permeable barriers that are designed to prevent the creation of a bird strike hazard. Clear glass or Plexiglas shall not be installed unless they contain UV reflective glazing that is visible to birds or appliqués (e.g. stickers/decals) designed to reduce bird strikes by reducing reflectivity and transparency are also used. 8. Prior to the building permit final, the Applicant shall remove all existing, unpermitted encroachments outside the confines of the private property along the bluff edge, including, but not limited to, fences, non-native vegetation, and permanent irrigation systems. This shall include the entirety of the existing structures, including portions beyond the property at 2124 Santiago Drive. Prior to the removal of these encroachments, all required permits and/or authorizations shall be obtained by all appropriate jurisdictions (e.g., Department of Fish and Wildlife, County of Orange, and/or other relevant agencies). Replanting with native vegetation along the bluff edges in compliance with the recommendations of the biological assessment shall be required as a part of the aforementioned permit unless alternative restoration is directed by an appropriate agency. 9. Permanent irrigation systems shall not be permitted outside the property along the bluff edge. Temporary irrigation systems may be permitted if required as part of compliance with Condition of Approval No. 8. 10. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 11. 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. 12. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stockpiles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 13. Trash and debris shall be disposed of in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 14. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. Zoning Administrator Resolution No. ZA2023-003 Page 9 of 10 10-18-21 15. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 16. The Applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of this Coastal Development Permit. 17. 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 are detrimental to the public health, and welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 18. Prior to the issuance of building permits, the Applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 19. Prior to the issuance of building permits, the Applicant shall submit a final drainage and grading plan. The plan shall be subject to review and approval by the Building Division. 20. Prior to issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 21. Prior to issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit. 22. Prior to the issuance of building permits, the final WQMP shall be reviewed and approved by the Building Division. The implementation shall comply with the approved CPPP and WQMP and any changes could require separate review and approval by the Building Division. 23. Prior to the issuance of building permits, the Applicant shall submit a revised 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. The plans shall conform with NBMC Section 21.30.030(C)(3) (Natural Landform and Shoreline Protection), 21.28.040 (Bluff (B) Overlay District), and 21.30.075 (Landscaping). 24. 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 Zoning Administrator Resolution No. ZA2023-003 Page 10 of 10 10-18-21 be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 25. Prior to the issuance of the building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 26. 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. 27. This Coastal Development Permit (PA2022-121) 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. 28. 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 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 Winkle Residence including, but not limited to, a coastal development permit (PA2022-121). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s 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 the such proceeding. The Applicant shall indemnify the City for all of the City's costs, attorneys' fees, and damages, which the 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.