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HomeMy WebLinkAboutZA2023-053 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2022-021 TO ALLOW AN APPROXIMATELY 938-SQUARE-FOOT ADDITION TO AN EXISTING SINGLE-FAMILY RESIDENCE AND NEW ATTACHED THREE (3)-CAR GARAGE LOCATED AT 2124 SANTIAGO DRIVE (PA2022-060)10-18-2021 RESOLUTION NO. ZA2023-053 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2022-021 TO ALLOW AN APPROXIMATELY 938-SQUARE-FOOT ADDITION TO AN EXISTING SINGLE-FAMILY RESIDENCE AND NEW ATTACHED THREE (3)-CAR GARAGE LOCATED AT 2124 SANTIAGO DRIVE (PA2022-060) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Rolando Serrano, with respect to property located at 2124 Santiago Drive, requesting approval of a coastal development permit. The lot at 2124 Santiago Drive is legally described as Lot 2 of Tract 4224. 2. The applicant requests a coastal development permit (CDP) to remodel and add approximately 938 square feet to an existing one-story, 3,830-square-foot, single-family residence. The existing garage will be reconstructed and the primary area of addition is located above the garage to create a second story. A CDP is required since the proposed addition exceeds ten (10) percent of the existing gross floor area and would increase the overall height of the existing structure by more than ten (10) percent. The total gross floor area after the addition would be approximately 4,768 square feet. The project includes additional appurtenances such as a new landscape, driveway approach, and drainage areas within the public right-of-way. The proposed design complies with all 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-1-6,000 (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-1-6,000 (Single-Unit Residential) Coastal Zone District. 5. A public hearing was held on August 10, 2023, online via Zoom. A notice of 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 categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15301, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Zoning Administrator Resolution No. ZA2023-053 Page 2 of 10 10-05-2021 Conversion of Small Structures), 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 addition of approximately 938 square feet to an existing single-family residence. 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. In accordance with Section 21.52.015 (Coastal Development Permits, 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: 1. The proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. Lot coverage is limited to 60 percent (5,760 square feet) of the 9,600-square-foot lot area. The proposed lot coverage is approximately 42.2 percent (4,057 square feet). b. The proposed development provides the minimum required setbacks, which are six (6) feet along the rear property line abutting the bluff, six (6) feet along each side property line, and six (6) feet for the front setback along the street. c. The highest ridge is approximately 25 feet from established grade and complies with the maximum height requirement of 29 feet. 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. The project is located within the Bluff Overlay District. Pursuant to the Bluff Overlay Map B-9-Upper Newport Bay Bluffs (NBMC Section 21.28.040[D][8][b]), the project is located on a bluff that is not subject to marine erosion. The project complies with the bluff overlay limitations as follows: Zoning Administrator Resolution No. ZA2023-053 Page 3 of 10 10-05-2021 i. The principal structure is allowed within Development Area A, which extends from the front property line and the rear six (6)-foot setback line. The residence is located within Development Area A in compliance with the Bluff Overlay. Existing accessory structures are also within Development Area A. ii. Development Area B extends from the rear setback line (six (6) feet from the rear property) to the rear property line. Accessory Structures such as decks, detached patio covers, above ground hot tubs and fences are allowed in Development Area B. A small area of existing hardscape and landscape will remain within Development Area B. All other accessory structures are located within Area A. iii. There is no Development Area C on the property. 2. There is an existing off-site fence located within County property. Condition of Approval No. 23 is included to remove the existing fence with oversight from the property owner (County of Orange) and the California Coastal Commission. 3. The neighborhood is predominantly developed with one (1)- and two (2)-story, single- family residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development. 4. The lot has been graded previously to provide a relatively level building pad. From a geotechnical standpoint, the project is considered an addition and a remodel and not a full demolition and reconstruction project warranting additional analysis. Because of the project’s proximity to the bluff, a Geotechnical Evaluation prepared by Global Geo- Engineer, Inc. dated May 4, 2022, was prepared for the subject property to evaluate the proposed improvements. The report states that the property is not located within a State of California designated liquefaction zone, landslide zone, or earthquake fault zone. The report concludes that the site will be suitable for the proposed development from a geotechnical aspect, assuming the recommendations of the report are implemented during construction. Condition of Approval No. 4 is included to require compliance with the recommendations of the report. 5. The finished floor elevation of the existing single-family residence and addition is approximately 69 feet (NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard. 6. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), 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). This requirement is included as a condition of approval that will need to be satisfied prior to a final building permit inspection. Zoning Administrator Resolution No. ZA2023-053 Page 4 of 10 10-05-2021 7. 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). This requirement is included as a condition of approval that will need to be satisfied prior to the issuance of building permits. 8. The property is located in an area known for the potential of seismic activity. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing site specific concerns 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 property is located adjacent to the Upper Newport Bay. A Construction Erosion Control Plan was provided 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. The project design also addresses water quality through the inclusion of a post-construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event runoff on-site. Any water not retained on-site is directed to the City’s storm drain system. 10. Proposed landscaping complies with Implementation Plan Section 21.30.075. Condition of Approval No. 19 is included that requires drought-tolerant species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 11. The project site is located adjacent to Upper Newport Bay, which is a public park in the Coastal Land Use Plan (CLUP) and offers public views of the Upper Newport Bay. There is also a public viewpoint from the terminus of Constellation Drive, that is designated in the CLUP and provides views of the Upper Newport Bay. Site evaluation revealed that the proposed one-story design with two-story elements is consistent with the existing neighborhood pattern of development and will not negatively impact the existing views afforded from the Back Bay. The proposed addition would primarily retain the same footprint as the existing structure, with the second story addition located away from the Upper Newport Bay along the street. There is also a small area of addition towards the Upper Newport Bay, however, it is setback from the rear property line much further than the minimum six (6)-foot requirement. 12. The project includes the remodel and addition of an existing single-family residence that complies with all applicable development standards, including the Bluff Overlay standards. The Upper Newport Bay including the public trails orient and frames views from pedestrians and cyclists toward the bay and not over the subject site. Views across the project site from the trails are currently impacted due to the elevation of the home on the top of the bluff, and significant natural vegetation. No views of the Bay are present through the site from the Santiago Drive. The portion of the structure that’s visible from the trails would look the same in terms of bulk and scale with an updated exterior. Additionally, the public views from Constellation Drive are oriented towards the Bay, and Zoning Administrator Resolution No. ZA2023-053 Page 5 of 10 10-05-2021 the subject property would not be visible due to five (5) intervening residences and their accessory structures and landscaping. Lastly, project implementation includes removal of fencing within the Upper Newport Bay in the County of Orange property. 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 site is located between the nearest public road and the sea along the Upper Newport Bay Bluffs. 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 includes an addition to an existing single-family residence on a R-1-6000 zoned lot. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on 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. 2. Vertical access to the Upper Newport Bay is available 561 feet (walking distance) from the project site at the terminus of Constellation Drive, which leads to a dirt trail that continues to the Upper Newport Bay trails. Lateral access is available on nearby multi-modal trails (bluff top access routes) accessible from Irvine Avenue approximately 146 feet (walking distance) from the property. The project does not include any features that would obstruct access along these public trails and there is no existing or proposed direct access from the property to the Upper Newport Bay. Condition of Approval No. 23 would also require removal of an existing fence that encroaches onto County of Orange property within the Upper Newport Bay. 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. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit PA2022-060, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2023-053 Page 6 of 10 10-05-2021 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 Program (LCP) 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 (Appeal to the Coastal Commission) 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 10th DAY OF AUGUST, 2022. Zoning Administrator Resolution No. ZA2023-053 Page 7 of 10 10-05-2021 EXHIBIT “A” CONDITIONS OF APPROVAL 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 a 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 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. 3. 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. 4. The final project plans shall incorporate and comply with the Recommendations of the Geotechnical Evaluation by Global Engineering, Inc. dated May 4, 2022. 5. 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 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. 6. After demolition and prior to framing, the architect of record shall certify that less than 50 percent of exterior walls have been removed and will require replacement. The architect of record shall provide the applicable documentation to the Community Development Director for review. If it is determined that 50 percent or more of exterior walls have been removed during construction, all project work shall cease and the project shall be subject to applicable requirements of the Zoning Code and Local Coastal Program Implementation Plan, which may include, but are not limited to, a coastal development permit and/or other discretionary application. The applicant understands that this may result in project delays or denial, and possible economic hardship. 7. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree Zoning Administrator Resolution No. ZA2023-053 Page 8 of 10 10-05-2021 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 or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 8. 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. 9. 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. 10. 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. 11. 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. 12. Revisions to the approved plans may require an amendment to this coastal development permit or the processing of a new coastal development permit. 13. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 14. 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. Zoning Administrator Resolution No. ZA2023-053 Page 9 of 10 10-05-2021 15. 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. 16. Prior to the issuance of building permits, the applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 17. Prior to the issuance of building permits, the applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 18. 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. 19. Prior to issuance of a building permit, 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. 20. 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. 21. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 22. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA Zoning Administrator Resolution No. ZA2023-053 Page 10 of 10 10-05-2021 23. Prior to final building permit inspection, the applicant shall remove the existing off-site fence. At such time as directed by the City, County of Orange, or the California Coastal Commission, the applicant shall agree to and cooperate with all applicable agencies for: 1) the removal of any unpermitted development located beyond the rear property line on the bluff and within the prolongation of the side property lines of the subject property, and 2) the restoration of the affected area consistent with a restoration plan approved by the City, County of Orange, and/or Coastal Commission. 24. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 25. 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. 26. This coastal development permit No. CD2022-021 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. 27. 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 Santiago Oxford Grantor Trust Residence including, but not limited to, Coastal Development Permit (PA2022-060). 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.