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HomeMy WebLinkAboutZA2023-071 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING CARPORT AT A SINGLE-UNIT DWELLING AND CONSTRUCT A NEW ATTACHED TWO-CAR GARAGE AND ROOM ADDITION AT 309 EAST BAY FRONT (PA2023-0140)01-10-2023 RESOLUTION NO. ZA2023-071 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING CARPORT AT A SINGLE-UNIT DWELLING AND CONSTRUCT A NEW ATTACHED TWO-CAR GARAGE AND ROOM ADDITION AT 309 EAST BAY FRONT (PA2023-0140) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ryan Oldham of Oldham Architects, concerning property located at 309 East Bay Front and legally described as Lot 31 of Tract No. 742, requesting approval of a coastal development permit. 2. The applicant requests a coastal development permit (CDP) to allow the construction of a 768 square foot addition to an existing two-story 1,948 square foot single-unit residence. The proposed addition includes the demolition of an existing carport and the construction of a new 449 square-foot attached two-car garage with a 319 square foot room addition above. The project also includes interior remodeling and new second and third floor deck areas. A CDP is required because the proposed addition exceeds 10% of the existing gross floor area. The total gross floor area after the addition would be approximately 2,716 square feet. The project complies with all applicable development standards and no deviations are requested. All improvements authorized by this CDP will be located on private property. 3. The subject property is designated Two Unit Residential (RT) by the General Plan Land Use Element and is located within the Two-Unit Residential, Balboa Island (R-BI) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two Unit Residential (RT-E) (30.0 – 39.9 DU/AC) and it is located within the Two-Unit Residential, Balboa Island (R-BI) Coastal Zoning District. 5. A public hearing was held on November 30, 2023, online via Zoom. A notice of the time, place, and purpose of the hearing was given by 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 15303, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures) because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2023-071 Page 2 of 9 01-10-2023 2. Class 3 exempts the demolition, construction, or conversion of up to three single-family residences in urbanized areas. The proposed project consists of the demolition of an existing carport, the construction of a new 449 square-foot garage, 319 square feet of living space, interior remodling, and new outdoor decks. 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. By Section 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the 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 addition and remodel project complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. 2. The maximum floor area limitation is 2,720 square feet and the proposed floor area is approximately 2,719 square feet. 3. The proposed project provides the minimum required setbacks, which are 5 feet along the front property line abutting the Newport Bay, 3 feet along each side property line, and 0 feet along the rear property line abutting Crystal Avenue. The existing single-unit dwelling is a non-conforming structure due to setbacks because the existing westerly wall encroaches into the 3-foot side setback area approximately 1 foot and 3 inches. No changes are proposed to the area of encroachment. 4. Section 21.38.040 (Nonconforming Structures) of the NBMC authorizes the expansion of nonconforming structures and the retention of existing nonconforming elements of a structure subject to specific limitations and considerations. The project complies with Section 21.38.040 as follows: a. The project proposes an addition that is approximately 19 percent of the existing floor area, which is below the maximum 75 percent allowance. The 19 percent of existing floor area accounts for NBMC 21.38.40(G)(6), which allows 400 square feet of the garage to be excluded from the calculation. Zoning Administrator Resolution No. ZA2023-071 Page 3 of 9 01-10-2023 b. The addition does not block or impede public access and impair public views as discussed in Facts in Support of Findings A-13, A-14, B-1, and B-2. c. The project site is not located in a Bluff (B) Overlay or Canyon (C) Overlay District. Furthermore, the project site is fully developed and has no habitat value. d. The development, including the addition, has been found to be safe from erosional and coastal hazards for the life of the structure as discussed in Facts in Support of Findings A-8, A-9, A-10, and A-11. e. The project is not located in a visually degraded area and as discussed in Fact in Support Finding A-7, the project, including the addition, is visually compatible with the character of the surrounding area. f. The existing structure is not architecturally or historically significant. 5. The highest guardrail is less than 24 feet from the established grade (7.26 feet NAVD88) and the highest ridge is no more than 29 feet from the established grade, which complies with the maximum height requirements. 6. The project includes a new 449 square foot garage for a total of two vehicles, complying with the minimum two-car garage parking requirement for single-unit dwellings with less than 4,000 square feet of habitable floor area. 7. The neighborhood is predominantly developed with two-story, single-unit dwellings. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development. 8. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils, Inc. dated July 7, 2023. The maximum bay water elevation is 7.7 feet NAVD 88 (North American Vertical Datum of 1988 (NAVD 88) and may exceed the current top of bulkhead elevation of 9.1 feet (NAVD 88) during high tide or storm events. 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). 9. The finished floor elevation of the existing single-unit dwelling is 8.58 feet (NAVD 88). However, the new area of addition (living area) has a finished floor elevation of approximately 17.5 feet NAVD88 which complies with the minimum 9.00-foot (NAVD 88) elevation standard. Additionally, the project is conditioned to provide waterproofing up to 10.9 feet NAVD88, which would protect the existing first floor of the single-unit dwelling from flooding events and future sea level rise. Zoning Administrator Resolution No. ZA2023-071 Page 4 of 9 01-10-2023 10. Most of the streets on Little Balboa Island are approximately 6.5 feet (NAVD88), and flooding on Little Balboa Island is an existing coastal hazard. The public boardwalk is continuous and provides public access around the entire island. The existing bulkhead is owned by the City of Newport Beach; therefore, the adjacent property owner is not able to increase the height of the bulkhead as part of this CDP. If the City adopts comprehensive sea level rise adaptation strategies to protect the public streets and public access areas that are already experiencing flooding, then the property owner will also be protected as a result. As a condition of approval, the property owner will be required to waive their rights to future protection devices and acknowledge coastal hazards present at the site. 11. 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. 12. As conditioned, the project design will address 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 runoff and minor rain event runoff on-site. Any water not retained on-site will be directed to the City’s storm drain system. 13. The closest designated Public Viewpoint is the Park Avenue bridge, located approximately 700 feet to the southwest of the property. Due to the distance of the proposed development from the Public Viewpoint as well as the intervening development between, the project will not be visible from the aforementioned locations and will not result in impacts to coastal views. 14. As a bayfront property, the north elevation of the new development will be visible from the water. The proposed addition complies with all required setbacks which minimize the appearance of building bulk, and the design uses architectural treatments which will enhance views from the water. Further, the RB-I Zoning District allows the construction of three stories, where only two stories and a third-floor roof deck are proposed, thereby reducing the bulk and scale of the structure. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts on 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. Fact in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline. Zoning Administrator Resolution No. ZA2023-071 Page 5 of 9 01-10-2023 Implementation Plan Section 21.30A.040 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 results in an addition to an existing single-unit dwelling located on a standard R-BI lot. 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. 2. Vertical access to Little Balboa Island and the East Bay Front boardwalk is available at the Park Avenue bridge that connects Balboa Island to Little Balboa Island. The project is adjacent to the Boardwalk, which provides lateral access around Little Balboa and Balboa Island. The project does not include any new features that would obstruct access along this route. 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 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 Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit (PA2023-0140), 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 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 30TH DAY OF NOVEMBER, 2023. Zoning Administrator Resolution No. ZA2023-071 Page 6 of 9 01-10-2023 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 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 final building permit inspection, 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 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 the City’s approval of the development. This letter shall be scanned into the plan set before building permit issuance. 4. Prior to the issuance of building permits, a waterproofing curb or similar design feature shall be constructed around the proposed residence as an adaptive flood protection device up to a minimum of 10.9 feet (NAVD88). Flood shields (sandbags and other methods) can be deployed across the openings to protect and prevent flooding to the structure. 5. This approval does not authorize any new or existing improvements (including landscaping) on California Coastal Permit Jurisdiction, State tidelands, public beaches, or the public right-of-way. Any improvements located on tidelands, submerged lands, and/or lands that may be subject to the public trust shall require a coastal development permit (CDP) approved by the California Coastal Commission (Coastal Commission). Before the issuance of building permits, the applicant shall provide a copy of said coastal development permit or CDP waiver or documentation from the Coastal Commission that subject improvements are not subject to the permit requirements of the Coastal Act and/or not located within the permit jurisdiction of the Coastal Commission. 6. 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 Zoning Administrator Resolution No. ZA2023-071 Page 7 of 9 01-10-2023 beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 7. This Coastal Development Permit does not authorize any development seaward of the private property. 8. 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. 9. 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. 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 sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 12. 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. 13. 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. ZA2023-071 Page 8 of 9 01-10-2023 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. A material violation of any of those laws in connection with the use may be caused by the 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 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. 17. Prior to 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. 18. Prior to 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. 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. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) 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. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 21. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) 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 periods unless the ambient noise level is higher: Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM 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 22. Before 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. Zoning Administrator Resolution No. ZA2023-071 Page 9 of 9 01-10-2023 23. 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. 24. 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. 25. 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 Wickett Residence including but not limited to, Coastal Development Permit (PA2023-0140). 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.