HomeMy WebLinkAboutZA2017-041 - CDP - 117 Via Lido SoudRESOLUTION NO. ZA2017-041
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-015 FOR A NEW SINGLE
UNIT RESIDENCE LOCATED AT 117 VIA LIDO SOUD (PA2017-
036)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Bud and Nancy Richley, with respect to property located at 117
Via Lido Soud, and legally described as Lot 884 and the southeasterly 10 feet of Lot 883
of Tract No. 907, requesting approval of a Coastal Development Permit.
2. The applicant proposes the demolition of an existing single-family residence with attached
garage and the construction of a new 4,174 -square -foot single-family residence with a 660 -
square -foot attached garage. The proposed development also includes additional
appurtenances such as walls, fences, patios, hardscape, drainage devices, and
landscaping.
3. The subject property is located within the Single -Unit Residential (R-1) Zoning District and
the General Plan Land Use Element category is Single -Unit Residential Detached (RS-
D).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single -Unit Residential Detached — (10.0 - 19.9 DU/AC) (RSD -C) and the
Coastal Zoning District is Single -Unit Residential (R-1).
5. A public hearing was held on June 15, 2017, 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 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 15315, Article 19 of 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.
2. Class 3 exempts the construction of limited numbers of new, small structures, including
one single-family residence. The proposed project is a new single-family residence
located in the R-1 Coastal Zoning District.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (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:
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 5,164 square feet and the proposed floor
area is 4,147 square feet.
b. The proposed development complies with the required setbacks, which are 4 feet
along the property line abutting Via Lido Soud, 3 feet along each side property
line and 10 feet along the property line opposite of Via Lido Soud. Variance
Number 587 allows for an overhang to encroach up to the property line opposite
of Via Lido Soud.
The highest guardrail/parapet is less than 24 feet from established grade and the
highest ridge is 24 feet from established grade. The proposed development
complies with all height requirements.
The proposed development provides a three -car garage, exceeding the two -car
minimum garage requirement for residences with less than 4,000 square feet of
livable floor area.
2. The neighborhood is predominantly developed with two -and three-story single-family
residences. The proposed design, bulk, and scale of the development is consistent with
the existing neighborhood pattern of development and expected future development.
3. The development is set back approximately 90 feet from a city bulkhead. The proposed
finished floor of the structure is 14.27 feet MSL (NAVD88), which is higher than the 9.00
feet minimum MSL (NAVD88) standard. A Coastal Hazard and Sea Level Rise Analysis
was prepared by GeoSoils, Inc., dated March 29, 2017 for the project. The report
concludes that the proposed improvements are above any potential coastal hazard,
including a 5.5 -foot sea level rise over the next 75 years.
4. 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
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identified in the investigations. Construction plans are reviewed for compliance with
approved investigations and CBC prior to building permit issuance.
5. The property is located within 100 feet of coastal waters. Thomas M. Ruiz, Civil Engineer,
has provided a Water Quality Management Plan (WQMP), prepared April 24, 2017, and a
Construction Pollution Prevention Plan (CPPP), prepared April 25, 2017. Both provided
studies have been reviewed and approved by the City's Engineer Geologist. A post -
construction drainage system will be installed that includes drainage and percolation
features designed to retain dry weather and minor rain run-off on-site to ensure the project
does not impact water quality. Any water not retained on-site is directed to the City's storm
drain system.
6. Proposed landscaping complies with Implementation Plan Section 21.30.075. A
condition of approval is included that requires drought tolerant and prohibits invasive
species. Prior to issuance of building permits, the final landscape plans will be reviewed
to verify invasive species are not planted.
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 and
the proposed project will not affect public recreation, access or views.
2. Adequate public access to the bay exists on Via Lido and Via Lido Nord. Vertical access
to the Bayfront is available approximately 315 feet east of the site at the intersection of Via
Antibes and Via Lido Nord where there is a small public beach with access to the water.
The proposed single-family residence shall not interfere with existing public access to the
sea.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2017-015, subject to the conditions set forth in Exhibit "A,"
which is attached hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 21 Local
Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
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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 15TH DAY OF JUNE, 2017.
Patrick J. Alford, Zo ing Administrator
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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. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
3. Coastal Development Permit No. CD2017-015 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.
4. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
5. 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.
6. 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.
7. 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.
8. Prior to issuance of the 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.
9. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Coastal
Development file. The plans shall be identical to those approved by all City departments
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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.
10. 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.
11. Prior to issuance of the building permits, the approved CPPP and WQMP shall be
submitted with the Building Permit plans. Implementation shall be in compliance with the
approved CPPP and WQMP and any changes could require separate review and
approval by the Building Division.
12. Prior to the issuance of building permits, the applicant shall submit a 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.
13. 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.
14. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
15. 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 either the
current business owner, property owner, or the leasing agent.
16. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 21 Planning and Zoning of the Newport Beach
Municipal Code.
17. 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 Richley Residence Coastal Development Permit including, but not limited to,
Coastal Development Permit No. CD2017-015 (PA2017-036). This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attomeys' fees, and other expenses incurred in connection with such claim, action, causes
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of action, suit or proceeding whether incurred by applicant, City, and/orthe 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.
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