Loading...
HomeMy WebLinkAboutZA2017-061 - CDP-DEMO EXISTING AND CONSTRUCT NEW SFR - 11 Beacon BayRESOLUTION NO. ZA2017-061 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-051 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 3-CAR GARAGE LOCATED AT 14 BEACON BAY (PA2017-106) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brandon Architects, Inc., with respect to property located at 14 Beacon Bay, requesting approval of a Coastal Development Permit. 2. The lot at 14 Beacon Bay is legally described Lot 14 of Record of Survey 2010-1095 in Book 251 Page 46 of Record of Surveys, in the office of the County Recorder of Said County. 3. The applicant proposes to demolish a 2-story single-family residence and 2-car garage and construct a new 3,991-square-foot, 3-story, single-family residence with attached 662-square-foot, 3-car garage. The design includes hardscape, walls, drainage facilities, and approximately 386 square feet of landscaping. The project complies with all applicable development standards and no deviations are requested. 4. The subject property is located within the (R-2) Two Unit Residential Zoning District and the General Plan Land Use Element category is (RT) Two-Unit Residential. 5. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is (RT-C) Two Unit Residential – (10.0 – 19.9 DU/AC). 6. A public hearing was held on August 24, 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 Zoning Administrator Resolution No. ZA2017-061 Page 2 of 7 06-02-2017 demolition of one single-family residence and the construction of a new 3,991-square- foot, 3-story, single-family residence with attached 662-square-foot, 3-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 Finding: 1. The proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking as evidenced by the project plans. a. The maximum floor area limitation is 4,920 square feet and the proposed floor area is 4,601 square feet. b. The proposed development provides the minimum required setbacks, which are 3 feet along Beacon Bay, 15 feet along the property line abutting the beach, 4 feet on the side, and 16 feet along Shelter Cove. c. The highest guardrail and other flat elements are no more than 24 feet from established grade (9.86 feet NAVD88) and the highest ridge is no more than 29 feet from established grade, which complies with the maximum height requirements. d. The project includes garage parking for a total of three vehicles, 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 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 fronts the Newport Bay with a sandy beach separating the project site and the water. A Coastal Hazards Analysis was prepared by Geosoils, Inc. The report concludes that the proposed project is reasonably safe from coastal hazards for the next 75 years including shoreline movement, waves and wave runup, and flooding with moderate future sea level rise projections. The project site is not protected by a bulkhead or other form of shoreline protection. The proposed finished floor is 9.11 feet (NAVD 88) which is higher than the 9.00 feet (NAVD 88) standard. Additional waterproofing will be provided to an approximate elevation of 11.7 feet (NAVD 88) when and if it becomes necessary in the future. Zoning Administrator Resolution No. ZA2017-061 Page 3 of 7 06-02-2017 4. Pursuant to NBMC Section 21.30.015(E)(5), 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 (e.g., 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 Section 21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will need to be satisfied prior to the issuance of building permits for construction. 5. 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. 6. The property is located within 100 feet of coastal waters. Pursuant to Municipal Code Section 21.35.030, a Construction Pollution Prevention Plan (CPPP) is required to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived by construction chemicals and materials. A CPPP has been reviewed and approved by the City’s Engineer Geologist. Construction plans and activities will be required to adhere to the approved CPPP. 7. Pursuant to Municipal Code Section 21.35.050, 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 has been reviewed and approved by the City’s Engineer Geologist. The WQHP includes a polluted runoff and hydrologic site characterizations, a sizing standard for BMPs, use of an LID approach to retain the storm runoff volume onsite, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be reviewed for compliance with the approved WQHP prior to the building permit issuance. 8. Proposed landscaping complies with the 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. 9. The project site is located between the nearest public road and the sea or shoreline, but redevelopment will not affect public recreation, access or views because development is consistent with applicable development standards including building height and setbacks, and construction will be limited to the project site. Vertical access to the public beach is available directly adjacent to the site along Shelter Cove. The property is also not located near public view points or coastal view roads, as designated in the Coastal Land Use Plan, and will therefore not impact public coastal views. Zoning Administrator Resolution No. ZA2017-061 Page 4 of 7 06-02-2017 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, but redevelopment will not affect public recreation, access or views because development is consistent with applicable development standards including building height and setbacks, and construction will be limited to the project site. Vertical access to the public beach is available directly adjacent to the site along Shelter Cove. The property is also not located near public view points or coastal view roads, as designated in the Coastal Land Use Plan, and will therefore not impact public coastal views. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-051, 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 compl iance 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. PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF AUGUST, 2017. ______________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2017-061 Page 5 of 7 06-02-2017 EXHIBIT “A” CONDITIONS OF APPROVAL (Project specific conditions are italicized.) 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 the issuance of a building permit, 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 issuance of a building permit, the pr operty 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. 4. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit. 5. Prior to the issuance of the building permits, the approved Construction Pollution Prevention Plan (CPPP) and Water Quality and Hydrology Plan (WQHP) shall be submitted with the building permit plans. Implementation shall be in compliance with the approved CPPP and WQHP and any changes could require separate review and approval by the Building Division. 6. Coastal Development Permit No. CD2017-051 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. 7. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. Zoning Administrator Resolution No. ZA2017-061 Page 6 of 7 06-02-2017 8. 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 improvement in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 9. Prior to the 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. 10. Prior to the issuance of a building permit, th e applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 11. Prior to the 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. 12. 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. 13. 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. 14. Prior to the issuance of building permits, the applicant shall submit a final landscape and irrigation plan consistent with Implementation Plan Section 21.30.075. These plans shall incorporate drought tolerant planting, non-invasive plant species and water efficient irrigation design. The plans shall be approved by the Planning Division. 15. 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 a par t of regular maintenance. 16. 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. 17. 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 Zoning Administrator Resolution No. ZA2017-061 Page 7 of 7 06-02-2017 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. 18. 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 dispo sed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 19. 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. 20. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter the beach, sensitive habitat, receiving waters, or a storm drain, or result in impacts to environmentally sensitive habitat areas, streams, wetland or their buffers. 21. 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 CPPP. 22. 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 ve hicle 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. 23. 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 14 Beacon Bay Coastal Development Permit including, but not limited to, Coastal Development Permit No. CD2017-051 (PA2017-106). 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.