HomeMy WebLinkAboutPC2023-024 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-UNIT DWELLING AND CONSTRUCT A NEW SINGLE-UNIT DWELLING, AND ADJUSTING THE OFF-STREET PARKING AND HEIGHT REQUIREMENTS CONSISTENT WITH USE PERMIT NO. UP3618 FOR THE PROPERTYRESOLUTION NO. PC2023-024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-UNIT DWELLING AND CONSTRUCT A NEW SINGLE-UNIT DWELLING, AND ADJUSTING THE OFF-STREET PARKING AND HEIGHT REQUIREMENTS CONSISTENT WITH USE PERMIT NO.
UP3618 FOR THE PROPERTY LOCATED AT 22 BAY ISLAND (PA2023-0017). 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 22 Bay Island, and legally
described as allotment 22 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-unit detached character of Bay Island. 3. The Applicant requests a coastal development permit to demolish an existing single-unit
dwelling and construct a new, 4,566 square-foot, three-story single-unit dwelling, adjust
the off-street parking requirements with a parking management plan, and increase 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 designated Multiple Residential Detached (RM-D) by the General Plan
Land Use Element and is located within the Multiple Residential (RM) Zoning District. 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 is located within the Multiple
Residential (RM) Coastal Zone District.
6. A public hearing was held on June 22, 2023, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of the 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.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (“CEQA”) under
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment.
2. Class 3 exempts the demolition and construction of up to three single-family dwellings
in urbanized areas. The Project consists of the demolition of one single-unit dwelling and the construction of a new single-unit dwelling located within the Multiple 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 Section 21.52.015(F) (Coastal Development Permits – Findings and Decision) of the NBMC, 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-unit dwelling neighborhood pattern of development and expected future development of Bay Island in that it is consistent with the 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 approximately 143,916 square feet and the proposed cumulative
floor area is approximately 130,095 square feet. b. The Project complies with the required setbacks as set forth in Section 21.18.030 of the NBMC which is 20 feet along all exterior property lines.
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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 the established grade and the highest ridge is no more than 33 feet from the established grade, which meets the maximum height requirements of Section
21.18.030.
d. The minimum required common open space on Bay Island is 1,725 square feet and the proposed common open space is approximately 106,710 square feet.
e. The minimum required private open space for the Project is 220 square feet and
the proposed private open space is 1,049.69 square feet. 3. The Project includes over 4,000 square feet of livable area and requires three 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 accessed by a gated pedestrian bridge and the only vehicles
permitted on the island are golf carts. The Project includes a dedicated 279
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-unit dwellings on Bay Island, equating to two or more off-site spaces per residence. 4. Bay Island is predominantly developed with two- and three-story, single-unit dwellings. The
proposed design, bulk, and scale of the Project will be consistent with the existing
neighborhood pattern of development and expected future development. 5. Under Section 21.30.030(C)(3)(i)(iv) – (Natural Landform and Shoreline Protection) of the NBMC, the property owner will be required to agree 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). This requirement is included as a condition of approval that will need to be satisfied before the final building permit inspection, respectively.
6. 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 NBMC Section 21.30.015(D)(3)(c) – (Waterfront – Development Standards). This requirement is included as a condition of approval that will need to be satisfied before the issuance of building permits, respectively.
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7. The Project fronts the Newport Bay with a sandy beach separating the Property and the
water. A project-specific Coastal Hazard and Sea Level Rise Analysis Report was prepared
by GeoSoils, Inc. dated January 12, 2023. 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 3.2 foot increase in the maximum water level over the next 75 years (i.e. the life of the structure). Therefore, the sea level is estimated to reach
approximately 10.9 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 community bulkhead was reinforced and capped to 8.5 feet NAVD88 in 2014 and can be increased in height in the future. The report concluded that shoreline movement, waves and wave runup,
and flooding will not significantly impact this Property over the life of the Project with future
sea level rise. The need for a new shoreline protective device is not anticipated over the economic life of the Project to protect it from shoreline movement, waves and wave runup, or flooding. A condition of approval is included to require waterproofing of principal structures up to a height of 10.9 feet (NAVD 88).
8. Under Section 21.35.050 of the NBMC, 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 WQMP has been prepared for the project by CivilScapes Engineering, Inc dated January 18, 2023. The WQHP includes a
polluted runoff and hydrologic site characterization, a sizing standard for BMPs, the use of a
LID approach to retain the design storm runoff volume on-site, and documentation of the expected effectiveness of the proposed BMPs. 9. The finished floor elevation of the proposed single-unit dwelling is 10.00 feet (NAVD88),
which complies with the minimum 9.0 foot (NAVD88) elevation standard.
10. The Property is 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 before 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 the CBC before building permit issuance.
11. Proposed landscaping complies with Section 21.30.075 (Landscaping) of the NBMC. A
condition of approval is included that requires drought-tolerant species. Before the issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted.
12. 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-unit dwelling with a new single-unit dwelling that complies
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with all applicable Local Coastal Program development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Further, the
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.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone.
Facts in Support of Finding: 1. The Project is located between the nearest public road and the sea or shoreline 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-unit dwelling and the construction of a new single-unit dwelling. 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 120 feet from the 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,
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authorizes off-site parking provided that an adequate number of off-site parking spaces are provided for the Project.
2. Use Permit No. UP3618 requires two 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 designated
for the 23 existing single-unit dwellings on Bay Island which provides two 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 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 measurement 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 the 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 the 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.
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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 under Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has
no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby approves the Coastal Development Permit (PA2023-0017) subject to the conditions outlined 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 by 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.
PASSED, APPROVED, AND ADOPTED THIS 22ND DAY OF JUNE, 2023.
AYES: Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and Rosene NOES: None
ABSTAIN: None ABSENT: None
BY:_________________________ Curtis Ellmore, Chair
BY:_________________________ Sarah Klaustermeier, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
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. 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, of 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 10.9 feet NAVD88
and designed for future waterproofing up to a height of 14.4 NAVD88.
6. Minor structure encroachments beyond the building site line shall be consistent with Use
Permit No. UP3618, including the associated Building Site Map.
7. Prior to issuance of building permits, 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. Prior to issuance of building permits, 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 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 development. This letter shall be scanned into the plan set before building permit issuance.
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9. 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.
10. 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 under MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest
is no longer active. Continue to observe the nest until the chicks have left the nest
and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds,
and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active.
11. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented before and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 12. 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.
13. 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.
14. 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.
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15. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit.
16. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 17. 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 by the revocation of this
Coastal Development Permit. 18. This Coastal Development Permit may be modified or revoked by the Planning Commission 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.
19. Prior to issuance of 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. 20. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and approved by the Building Division. The implementation shall comply with the approved
CPPP and WQHP/WQMP and any changes could require separate review and approval
by the Building Division. 21. Prior to 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. 22. All landscape materials and irrigation systems shall be maintained by 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.
23. Prior to issuance of building permits, the Applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
24. 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.
25. This Coastal Development Permit 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.
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26. To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold
harmless the 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 Miller Residence including but not limited to, Coastal Development Permit (PA2023-0017). 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 the Applicant, City, and/or the parties initiating or bringing
such proceeding. The Applicant shall indemnify the City for all the City's costs, attorneys'
fees, and damages, which the City incurs in enforcing the indemnification provisions outlined in this condition. The Applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition.
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