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HomeMy WebLinkAboutZA2020-016 - DEVELOPMENT PERMIT NO. CD2019-047 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE WITH A THREE-CAR GARAGE AND ACCESSORY STRUCTURES LOCATED AT 1140 WEST BAY AVENUE05-15-2018 RESOLUTION NO. ZA2020-016 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-047 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE WITH A THREE-CAR GARAGE AND ACCESSORY STRUCTURES LOCATED AT 1140 WEST BAY AVENUE (PA2019-174) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Bradford C. Smith, Architect (Applicant), with respect to property located at 1140 West Bay Avenue, requesting approval of a coastal development permit. 2. The lot at 1140 West Bay Avenue is legally described as Lot 1, Block 4 of Tract 626. 3. The Applicant proposes a coastal development permit (CDP) to allow the demolition of an existing single-family residence and the construction of a new three-story, 4,052-square- foot, single-family residence, including an attached 740-square-foot, three-car garage. The proposed development also includes additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. No work will be conducted bayward of the existing bulkhead. The design complies with all applicable development standards and no deviations are requested. 4. The subject property is designated Single-Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Single-Unit Residential (R-1) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single-Unit Residential Detached (RSD-C) (10.0 – 19.9 DU/AC) and it is located within the Single-Unit Residential (R-1) Coastal Zone District. 6. A public hearing was held on February 13, 2020, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was prese nted 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, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Zoning Administrator Resolution No. ZA2020-016 Page 2 of 9 05-15-2018 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 single-family residences and additions of up to 10,000 square feet to existing structures. The proposed project consists of the demolition of one single-family residence and the construction of a new 4,052-square- foot, single-family residence with an attached 740-square-foot, three-car garage. The proposed project is a new single-family residence located in the R-1 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 effec t 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 Newport Beach Municipal Code (NBMC) Section 21.52.015 (Coastal Development Permits, Findings and Decision), 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 Prog ram. 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. The maximum floor area limitation is 5,489 square feet and the proposed floor area is 4,792 square feet. b. The proposed development provides or exceeds the minimum required setbacks, which are 25 feet along the front property line abutting Newport Bay, 4 feet along each side property line, and 5 feet along the second frontage abutting West Bay Avenue. c. The highest guardrail is 24 feet from established grade (9.53 feet based on the North American Vertical Datum of 1988 [NAVD88]) and the highest ridge is no more than 29 feet from established grade, wh ich comply with the maximum height requirements. d. The project includes garage parking for a total of three vehicles, complying with the minimum three-car garage parking requirement for single-family residences with more than 4,000 square feet of living area. Zoning Administrator Resolution No. ZA2020-016 Page 3 of 9 05-15-2018 2. The neighborhood is primarily developed with two-story, single-family residences and, particularly on the opposite side of West Bay Avenue, multi-family structures. Newer residential developments in the neighborhood are three stories and the propose d design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development consistent with applicable development standards. 3. Located on the northern extent of the Newport Peninsula, between 12th Street and 11th Street, the site is a private bay front parcel. An existing seawall centrally protects the site with the top of the bulkhead at an approximate elevation of 9.5 feet based on the North American Vertical Datum of 1988 (NAVD88). The on -site privacy wall located along the 12th Street side is a secondary shoreline protective device. As described in the project’s bulkhead condition report, visual inspection of the bay front seawall revealed that the structure appears to be in good condition and is not in need of maintenance. However, existing structures and improvements prevent a precise determination of its adequacy if it is found necessary to add protection up to the required elevation of 10.60 feet (NAVD88). The side-facing shoreline protection wall should be replaced if needed. The report recommends a structural assessment of both the bay and side property walls after removal of the site’s rear patio. If the bay wall proves adequate, then the elevation of the top of the shore protection will be capped to the minimum elevation of 10.6 feet (NAVD88). Alternatively, if it is determined the bay front wall requires replacement, a new bulkhead will be constructed to the minimum eleva tion of 10.6 feet (NAVD88). 4. GeoSoils, Inc. prepared the project’s Coastal Hazards and Bulkhead Condition Report, dated October 29, 2019. As described above, this report directs additional investigation of the existing seawall’s structure to help determine whether a cap or an entirely new seawall will be required up to the minimum 10.6-foot (NAVD88) elevation. Newport Bay’s historical design flood elevation is 7.7 feet (NAVD88). In employing the high estimate of the “low risk aversion” scenario for sea level rise from the California Ocean Protection Council, the projection is a 2.9-foot increase in sea level rise (or overall elevation of 10.6 feet [NAVD88]) for the next 75 years. Waves resulting from wakes and winds pose the possibility to reach the shore protection fronting the site. The site has not been subject to flooding, erosion damage, or wave runup attack in the past. Based on the calculated wave run up under the current 100-year recurrence interval conditions, future sea level rise of more than 2 feet could enable boat wakes during high tides to overtop the bulkhead. For this reason, after the patio demolition, the report advises an analysis of the existing wall to achieve an added wall height of 12.5 feet (NAVD88), in keeping with the adaptation strategy from the CCC Sea Level Rise Policy Guidance (2018). Ultimately, the GeoSoils, Inc. study recognizes that the new or modified bulkhead with the minimum 10.6-foot (NAVD88) elevation and the maintenance of the 12th Street privacy wall would protect the proposed development from any existing or anticipated future coastal hazards for the next 75 years or more. During this 75 -year period, no additional shoreline protective devices will be necessary to protect the proposed development. Zoning Administrator Resolution No. ZA2020-016 Page 4 of 9 05-15-2018 5. Pursuant to Newport Beach Municipal Code (NBMC) Subsection 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 such as waves, erosion, and sea level rise. The property owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with NBMC Subsection 21.30.015(D)(3)(c). 6. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 1. The property is located adjacent to coastal waters. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), 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. The WQHP would include a polluted runoff and hydrologic site characterization, a sizing standard for Best Management Practices (BMPs), use of an LID (Low Impact Development) approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. 7. Proposed landscaping complies with NBMC Section 21.30.075 (Landscaping) by incorporating drought-tolerant, non-invasive plant species and a water efficient irrigation design. Condition of Approval No. 22 requires the approval of a final landscape plan prior to the issuance of a building permit. 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 or shoreline, but the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. The nearest coastal access opportunity is currently provided at the north ends of 12th and 11th Street: the first directly abuts the subject site and the latter lies approximately 360 feet westward of the subject site. 2. Vertical access to the public beach is available along the south street ends of 12th Street and 11th Street, between 580 and 700 feet away from the project site. The public beach to the south also includes a 12-foot-wide public sidewalk along West Ocean Front, providing lateral access and views of the beach. The proposed replacement of the existing single- Zoning Administrator Resolution No. ZA2020-016 Page 5 of 9 05-15-2018 family residence with a new single-family residence does not include any features that would provide or inhibit coastal public access opportunities. 3. The 12th Street public right-of-way will remain free and clear of any obstructions during construction and new or existing improvements (including landscaping and construction activities) are not authorized on State tidelands, public beaches, or the public right-of-way. 4. The property is not located near designated public viewpoints or coastal view roads. The nearest public viewpoint is located at the City’s Marina Park Community and Sailing Center, approximately 1,500 feet westward of the property. Due to the distance of the proposed development from the public viewpoints and the project’s compliance with height and setbacks, the project will not impact coastal views. The proposed single-family residence complies with all applicable development standards and maintains front setback areas consistent with the existing neighborhood pattern of development. The project does not contain any unique features that could degrade the visual quality of the coastal zone. 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 No. CD2019-047, 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 NBMC Title 21 Local Coastal Implementation Plan. Final action taken by the City may be appealed to the Coastal Commission in compliance with NBMC Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 throu gh 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF FEBRUARY, 2020. Zoning Administrator Resolution No. ZA2020-016 Page 6 of 9 05-15-2018 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. This Coastal Development Permit does not authorize any development seaward of the private property. Should the bulkhead require repair or replacement with construction equipment bayward of the private property, an additional coastal development permit shall be obtained for the bulkhead from the California Coastal Commission. 3. Prior to the issuance of a demolition permit for the principal dwelling, the Applicant shall take the minimum steps necessary to assess the structural integrity of the primary and secondary shoreline protective devices. 4. Prior to the issuance of a demolition permit for the principal dwelling, the Applicant shall obtain approval from the California Coastal Commission to increase the height of the existing bulkhead to a minimum elevation of 10.6 feet (NAVD88) or replace the existing bulkhead with a new bulkhead at a minimum elevation of 10.6 feet (NAVD88). 5. The 12th Street public right-of-way shall remain free and clear of any obstructions during construction, unless otherwise permitted. 6. Prior to final building permit inspection, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices including the repair and maintenance, enhancement, reinforcement, or any other activity affecting the bulkhead, that results in any encroachment seaward of the authorized footprint of the bulkhead or other shoreline protective device. The agreement shall be binding against the property owners and successors and assigns. 7. 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. 8. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. Zoning Administrator Resolution No. ZA2020-016 Page 7 of 9 05-15-2018 9. This approval does not authorize any new or existing improvements (including landscaping and construction activities) on State tidelands, public beaches, or the public right-of-way. 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 s pillage 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. Stock pile s 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 in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 13. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 14. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 15. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 16. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 17. Prior to the issuance of a building permit, the Applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 18. Prior to the issuance of a building permit, the Applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 19. Prior to the 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. Zoning Administrator Resolution No. ZA2020-016 Page 8 of 9 05-15-2018 20. Prior to the 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 Permit 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. 21. Prior to issuance of a building permit, the final WQHP/WQMP shall be reviewed and approved by the Building Division. Implementation shall be in compliance with the approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 22. Prior to the 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. 23. 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. 24. 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 or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 25. 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. Zoning Administrator Resolution No. ZA2020-016 Page 9 of 9 05-15-2018 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 No. CD2019-047 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 21.54.060 (Time Limits and Extensions), 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 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 Wells Residence including, but not limited to, Coastal Development Permit No. CD2019-047 (PA2019-174). 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.