HomeMy WebLinkAboutZA2017-051 - COASTAL DEVELOPMENT PERMIT TO DEMO EXISTING SFR AND CONSTRUCT NEW 1,902-SQ-FT SFR WITH ATTACHED 413-SQ-FT 2-CAR GARAGE - 2502 Crestview DriveRESOLUTION NO. ZA2017-051
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-048 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 2 -CAR
GARAGE LOCATED AT 2502 CRESTVIEW DRIVE (PA2017-108)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Cynthia Childs, Architect, with respect to property located at
2502 Crestview Drive, requesting approval of a Coastal Development Permit.
2. The lot at 2502 Crestview Drive is legally described as Lot 38 of Tract 1140.
3. The applicant proposes to demolish a 1 -story single-family residence and 2 -car garage
and construct a new 2,315 -square -foot, 1 -story, single-family residence with attached
413 -square -foot, 2 -car garage. The design includes hardscape, drainage, and
landscaping. The project complies with all applicable development standards and no
deviations are requested.
4. The subject property is located within the R-1 (Single -Unit Residential) Zoning District and
the General Plan Land Use Element category is RS -D (Single -Unit Residential Detached).
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD -B (Single -Unit Residential Detached — 6.0-9.9 DU/AC) and Coastal
Zoning District is R-1 (Single -Unit Residential).
6. A public hearing was held on July 13, 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 meeting 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 meeting.
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
Conversion of Small Structures).
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
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demolition of one single-family residence and the construction of a new 2,315 -square -
foot, single-family residence and attached 413 -square -foot, 2 -car garage.
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 Findina:
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 5,440 square feet and the proposed floor area
is 2,315 square feet.
b. The proposed development provides the minimum required setbacks, which are 10
feet along the front property line abutting Crestview Drive, 3 feet along each side
property line and 10 feet along the rear property.
C. The highest ridge is approximately 20 feet from established grade, which complies
with the 29 -foot maximum height limit.
d. The project includes garage parking for a total of two, complying with the minimum
two -car garage parking requirement for single-family residences with less than
4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with one- and two-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 property is not located on the shoreline. The finished floor elevation of 13.81 feet
(NAVD88) exceeds the minimum 9 -feet (NAVD88) standard by nearly five feet. Impacts
from sea level rise is not anticipated at this time for the 75 -year life of the proposed
improvements.
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. Project design addresses 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 and minor rain event run-off on-site. 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. 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 in the
private community of Bayshores. 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. The project involves the demolition
of a single-family residence and the construction of a new single-family residence.
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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2017-048, 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
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.
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PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF JULY, 2017.
Patrick J. Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(project specific conditions are italicized)
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. 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, wetland or their
buffers.
3. Best Management Practices (BMPs) and Good Housekeeping Practices (GHP's) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Pollution Prevention Plan (CPPP).
4. 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.
5. 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 piles 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.
6. 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.
7. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
8. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
9. 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.
10. 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
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to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
11. 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.
12. 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
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.
13. 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.
14. 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.
15. Prior to the 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.
16. 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.
17. 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.
18. 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.
19. This Coastal Development Permit No. CD2017-048 (PA2017-108) 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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20. 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 Burnham Residence CDP including, but not limited to, Coastal Development
Permit No. CD2017-048 (PA2017-108). 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.
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