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HomeMy WebLinkAboutZA2017-062 - CDP-DEMO EXISTING AND CONSTRUCT NEW SFR - 14 Beacon Bay08-01-2017 RESOLUTION NO. ZA2017-062 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-050 TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE, SUBTERRANEAN BASEMENT, POOL, AND ATTACHED 5-CAR GARAGE LOCATED AT 2201 BAYSIDE DRIVE (PA2017-117) 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 2201 Bayside Drive requesting approval of a coastal development permit. 2. The lot at 2201 Bayside Drive is legally described as Parcel 1 of Parcel Map No. 2005- 129, in the City of Newport Beach, County of Orange, State of California, being a subdivision of Parcel 2 of a parcel map filed in Book 47, Page 32 of Parcel Maps, in the Office of the County Recorder of Orange, County, CA. 3. The applicant proposes a Coastal Development Permit (CDP) to construct a new 7,910- square-foot, 3-story, single-family residence with 1,219-square-foot subterranean basement and attached 2,920-square-foot 5-car garage. The design includes a pool, hardscape, drainage facilities, site walls, and associated landscaping. The project complies with all applicable development standards and no deviations are requested.. 4. The subject property is designated RS-D (Single-Unit Residential Detached) by the General Plan Land Use Element and is located within the R-1 (Single-Unit Residential) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD-A (Single-Unit Residential Detached) – (0.0-5.9 DU/AC) and it is located within the R-1 (Single-Unit Residential) Coastal Zone District. 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 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 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. ZA2017-062 Page 2 of 8 08-01-2017 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 9,159-square- foot single-family residence with a subterranean basement and attached 2,920-square- foot 5-car garage. 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: 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 14,703 square feet and the proposed floor area is 12,049 square feet. b. The proposed development complies with the required setbacks, which are 15 feet along the front property line abutting Bayside Drive, 4 feet along each side property line, and 5 feet along the water. c. The highest guardrail is less than 24 feet from established grade and the highest ridge is approximately 29 feet from established grade, which comply with the maximum height requirements. d. The project includes garage parking for five vehicles, exceeding the minimum three-car garage parking requirement for single-family residences with 4,000 square feet or more of habitable floor area. 2. The immediate neighborhood is predominantly developed with two -story, single-family residences; however, there is an intermixing of newer, three-story, single-family residences. Development immediately to the north along Bayside Drive terraces up to Pacific Drive. The proposed design, bulk, and scale of the development will appear consistent with the existing neighborhood pattern of development and expected future development consistent with applicable development standards. 3. The project site abuts Newport Bay and is currently undeveloped with no shoreline protection devices. The finished first floor elevation of the proposed residence is 11.5 Zoning Administrator Resolution No. ZA2017-062 Page 3 of 8 08-01-2017 feet (NAVD88) at the waterfront stepping up to 13.75 feet (NAVD88) at Bayside Drive. Both elevations are higher than the minimum 9.00 feet (NAVD88) elevation standard. The proposed pool wall and associated planter walls fronting the Bay at a minimum elevation of 10.5 feet (NAVD88) will serve as a bulkhead and provide shoreline protection against potential coastal hazards and sea level rise. 4. Newport Beach Municipal Code (NBMC) Section 21.30C.050(I) allows bulkheads at this property provided it is not bayward of a line 40 feet landward of the face of the bulkhead at 2137 Bayside Drive, which is the approximate location of the mean high tide line. Proposed development is approximately 45 feet landward of this line and as a result, public access to lands below the mean high tide line will remain unaffected. 5. A Coastal Hazard and Sea Level Rise Analysis was prepared by GeoSoils, Inc., dated October 14, 2015, for the project. A memorandum was issued on July 17, 2017, by the same preparer to validate the former conclusion and analysis is still current. The report concludes no additional protective devices will be necessary to protect the proposed development from any existing or anticipated future coastal hazards and that the proposed project will be safe from coastal hazards for the next 75 years or more. 6. Pursuant to NBMC Section 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 (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. 7. 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. 8. The property is located within 100 feet of coastal waters. Pursuant to Section 21.35.030 (Construction Pollution Prevention Plan) of the Municipal Code, 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 prepared by DZN Engineering, Inc., dated May 23, 2017, has been reviewed and approved by the City’s Engineer Geologist. 9. Pursuant to Municipal Code 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 Zoning Administrator Resolution No. ZA2017-062 Page 4 of 8 08-01-2017 (WQHP) is required. A WQHP prepared by DZN Engineering, Inc., dated May 31, 2017, has been reviewed and approved by the City’s Engineer Geologist. The WQHP includes an identification of potential stormwater pollutants, post-development drainage characteristics, Low Impact Development (LID) BMP selection and analysis, structural and non-structural source control BMPs, a site design and drainage plan exhibit, and an operation and maintenance plan. 10. Proposed landscaping complies with Municipal Code Section 21.30.075 (Landscaping). 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 property is located adjacent to Newport Bay and coastal access points are provided to the north at the public beach adjacent to the Newport Beach Harbor Patrol and along several vertical access points across from Balboa Island. Section 21.30A.040(A) of the certified Local Coastal Program (LCP) states that the provision of public access shall bear a reasonable relationship between the requirement and the project’s impact and shall be proportional to the impact. The subject property was developed with residential development in the past and the development of a new single -unit dwelling will not result in a significant impact on public access. Furthermore, LCP Section 21.30A.020(C)(1)(a) provides that new public access shall not be required when it is inconsistent with public safety. The subject property is located on a curved segment of Bayside Drive, a narrow, heavily traveled street with no on-street parking. Providing new public access in this area would create an unsafe condition for pedestrians and vehicles. 2. The closest public view point is located near Bayside Drive and Carnation Aven ue, approximately 500 feet from the property. The proposed residence is not located near coastal view roads, as designated in the Coastal Land Use Plan. Due to the distance of the proposed development from the public view point and the project’s compliance with height, setbacks, the project will not impact coastal views. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: Zoning Administrator Resolution No. ZA2017-062 Page 5 of 8 08-01-2017 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-050, 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. PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF AUGUST, 2017. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2017-062 Page 6 of 8 08-01-2017 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. 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 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. 3. 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. 4. 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. 5. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Pollution Prevention Plan (CPPP). 6. 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. 7. 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. Zoning Administrator Resolution No. ZA2017-062 Page 7 of 8 08-01-2017 8. 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. 9. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit. 10. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 11. 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. 12. 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. 13. 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. 14. 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. 15. Prior to issuance of the building pe rmits, the approved CPPP and WQHP/WQMP shall be submitted with the Building Permit plans. Implementation shall be in complianc e with the approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 16. 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. 17. 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. Zoning Administrator Resolution No. ZA2017-062 Page 8 of 8 08-01-2017 18. 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. 19. 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. 20. This Coastal Development Permit No. CD2017-050 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. 21. 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 2201 Bayside Drive CDP including, but not limited to, Coastal Development Permit No. CD2017-050 (PA2017-117). 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.