Loading...
HomeMy WebLinkAboutZA2017-055 - CDP FOR BALBOA ISLAND SEAWALL CAP EXTENSIONRESOLUTION NO. ZA2017-055 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-033 TO ALLOW THE INSTALLATION OF A 9 -INCH CONCRETE CAP ON THE TOP OF EXISTING SEAWALLS LOCATED ALONG THE NORTH AND SOUTH BAY FRONT BOARDWALK (PA2017-078) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by the City of Newport Beach Public Works Department, with respect to the North and South Bay Front boardwalk seawall located on Balboa Island, requesting approval of a Coastal Development Permit. 2. The applicant proposes to install an approximate 9 -inch high concrete cap on top of the existing Balboa Island seawalls along the North and South Bay Front boardwalk. The project also includes three-foot wide gaps in the seawall cap to preserve access to public docks and waterside beaches. The gaps will accommodate temporary removable barriers that will be installed to provide flood protection during high tide and storm surge events. Short concrete step segments on the landward side of the existing seawall cap will also be installed at private docks and gangways to facilitate access. Routine seawall maintenance and minor repairs are also part of the project. No improvements seaward of the existing seawall are included in the project. 3. The subject property is public right of way and not located in a Zoning District or designated General Plan Land Use Element category. 4. The subject property is located within the coastal zone. The boardwalk and seawall are located in the public right of way and does not have a designated Coastal Land Use Plan category or Coastal Zoning District. 5. A public hearing was held on July 27, 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. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilitates). Zoning Administrator Resolution No. 2017-055 Paae 2 of 6 2. Class 1 exempts the operation, repair, maintenance, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond the existing use. The existing seawall located along North and South Bay Front will remain in place. Alterations to the seawall will consist of the installation of an approximate 9 -inch high concrete cap on the existing wall, as well as short concrete step segments at private docks and gangways to facilitate access. Routine maintenance and repairs will also be performed where necessary. The increased height of the existing seawalls will provide enhanced flood protection for Balboa Island and the public walkway. The position and location of the existing seawall will not be altered. Gaps in the cap will be located at street ends and beaches to maintain existing public access. Temporary barriers will be used to fill the gaps during high tide to provide consistent flood protection. The project complies with all applicable Local Coastal Program (LCP) standards. 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 SuDDort of Findina: 1. The improvement of the existing seawall will protect existing coastal public access and other existing development on Balboa Island. The 9 -inch concrete cap and associated repairs and maintenance do not enlarge the footprint nor extend seaward of the existing seawall. 2. The existing seawall is structurally able to accommodate the approximate 9 -inch high concrete cap. Existing geological conditions and erosional and shoreline processes will not be altered by the addition of the 9 -inch cap. 3. The approximate 9 -inch high concrete cap will result in a seawall approximately 3.35 feet higher than the adjacent boardwalk at its highest point, so public views will not be impacted. 4. The projected sea level rise used in the Everest Study as the basis for the 9 -inch increase is consistent with the California Coastal Commission Sea Level Policy Guidance and the 2030 sea level rise forecast. 5. The approximate 9 -inch high cap option was chosen as an interim, preventative measure until a more comprehensive plan can be designed, funded, and implemented by the City. 6. The construction contractor will implement a Construction Pollution Prevention Plan and BMPs to ensure water quality impacts are avoided during construction. 06-02-2017 Zoning Administrator Resolution No. 2017-055 Paae 3 of 6 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 seawall is located on the seaward side of the public boardwalk located along North and South Bay Front. The position and location of the existing seawall will not be altered. Existing gaps in the seawall providing vertical public access located at street ends, beaches, and public docks will be maintained. 2. Temporary barriers will only be inserted into the gaps prior to high tide and storm surge events and removed soon thereafter. Tidal and storm events will be monitored by the Public Works Department and Harbor Resources Division. The barriers will be installed approximately 48 hours in advance of a potential flooding event and removed within 48 hours after the event. 3. Construction will take place at seventeen work areas, each approximately 450 feet long. No more than three non-consecutive work areas will be active at any given time to ensure the majority entire boardwalk remains open for public access during the expected 9 -month construction period. 4. Public access to the boardwalk during construction will be maintained. Typical construction days will occupy half (5 feet) of the boardwalk adjacent to the seawall at a given time. In instances where the entire boardwalk must be closed to perform work or for safety purposes, signage will direct pedestrians to a detour around the construction area consistent with the approved construction access and management plan. 61.4 001111111111130 LI[ED] XV] 6yIffl01 NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-033, 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. 06-02-2017 Zoning Administrator Resolution No. 2017-055 Paae 4 of 6 PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF JULY, 2017. Patrick J. Alford, Zoning Administrator 06-02-2017 Zoning Administrator Resolution No. 2017-055 Paae 5 of 6 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). The Community Development Director may approve additional vertical access points where necessary to maintain existing levels of public access. 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 (GNPs) 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 any demolition or construction 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 sides, 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. 06-02-2017 Zoning Administrator Resolution No. 2017-055 Paae 6 of 6 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 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 the commencement construction, a final construction public access and management plan shall be reviewed and approved by the Public Works Director. 12. If construction activities occur during the defined bird nesting season of February 1 through August 15, a nesting bird survey shall be conducted by a qualified biologist. If potential impacts are identified, the contractor shall follow the recommendations and requirements of the qualified biologist. 13. 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 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. 14. This Coastal Development Permit No. CD2017-033 (PA2017-078) 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. 06-02-2017