HomeMy WebLinkAboutZA2017-067 - COASTAL DEVELOPMENT PERMIT NO. CD2017-047 AUTHORIZING A REMODEL AND ADDITION TO AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 350 BUENA VISTA BOULEVARDRESOLUTION NO. ZA2017-067
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-047 AUTHORIZING A
REMODEL AND ADDITION TO AN EXISTING SINGLE-FAMILY
RESIDENCE LOCATED AT 350 BUENA VISTA BOULEVARD
(PA2017-105)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brion Jeannette Architecture on behalf of Paul and Carolyn
McDonough, Property Owners, with respect to property located at 350 Buena Vista
Boulevard, requesting approval of a coastal development permit.
2. The property is legally described as Lot 146 of the Subdivision of Block A East Newport.
3. The Applicant requests approval of a coastal development permit (CDP) to allow the
remodel and expansion of an existing 3,446 -square-foot, single-family residence. The
applicant proposes to add 499 square feet of livable area in conjunction with the
construction of a 450-square-foot garage within the existing footprint. There will be no
new landscaping and limited site work. The project will comply with all applicable
development standards and no deviations are requested.
4. 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).
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single-Unit Residential (10.0 – 19.99 DU/AC) (RSD-C) and the Coastal Zoning
District is Single-Unit Residential (R-1).
6. A public hearing was held on September 14, 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 15301, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities).
2. Class 1 exempts additions of up to 10,000 square feet to existing structures where public
services and utilities are available and the area is not considered environmentally
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sensitive. The proposed project is an addition of less than 10,000 square feet to an existing
single-family residence in a developed neighborhood and is not within an environmentally
sensitive area.
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 will comply with applicable residential development
standards including, but not limited to, floor area limitation, setbacks, height, and
parking.
a. The maximum floor area limitation is 4,978 square feet and the proposed floor area
is 4,395 square feet.
b. The proposed development complies with the minimum required setbacks as
modified by Modification Permit No, MD429 , which are 9 feet along the front
property line, 4 feet along each side property line and 4 feet along the rear property
line abutting the neighboring property at 342 Buena Vista Boulevard.
c. The highest guardrail is no more than 24 feet from established grade and the
highest ridge is no more than 29 feet from established grade, which complies with
the maximum height requirements.
d. The project includes a proposed two-car garage, complying with the minimum
requirement for single-unit residential developments totaling less than 4,000
square feet in livable 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 finished floor elevation of habitable portions of the existing residence is 9.73 f eet
(NAVD 88), which complies with the minimum 9.00 feet (NAVD88) elevation required for
new structures by the Zoning Code and Local Coastal Program. Adaptive waterproofing
up to 10.23 feet (NAVD 88) could be added by way of a six-inch curb and temporary
barriers for doors. A Coastal Hazards Analysis for properties located approximately 300
feet southwest at 320 and 322 Buena Vista Boulevard indicated a maximum sea level
rise of 4.5 feet to 11.7 feet (NAVD88) by 2092, but concludes it is very unlikely that any
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type of wake or wave will reach the properties even with a 4.5 -foot sea level rise. The
structures at 320 and 322 Buena Vista Boulevard maintained a finished floor elevation
of 9.9 feet (NAVD 88). The existing residence on the subject property has a co mparable
finished floor at 9.73 feet (NAVD 88), which will remain unaffected as part of this project.
Given the finished floor elevation and the capability to add a six-inch curb, the site should
be protected for the economic life of the building (assumed to be 75 years) using the
minimum anticipated sea level rise projections.
4. The property is located in an area known for the potential of seismic activity and
liquefaction; however, the proposed scope of work does not necessitate a geotechnical
investigation. All projects are required to comply with the California Building Code (CBC)
and Building Division standards and policies. Should a geotechnical investigation be
required, permit issuance is 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.
5. There is no landscaping proposed as a part of this project.
6. The property is not located near designated public view points or coastal view roads and
will not impact public coastal views.
7. Although the property is located within 100 feet of the bay, alterations to the existing
development would occur primarily on the upper levels and minimal site work is
proposed. There is no proposed change in grading or drainage, nor increase in
impermeable surface area onsite. In addition, the development, as proposed and as
conditioned, incorporates design features to minimize the effect of construction and
post-construction activities on the marine environment. These design features include,
but are not limited to, one or more of the following: the appropriate management of
equipment and construction materials, reducing runoff through the use of permeable
surfaces, and the use of post-construction best management practices to minimize the
project’s adverse impact on coastal water.
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:
The project site is located between the nearest public road and the sea or shoreline; however, the
project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby
recreational facilities because:
1. Vertical access to the bay front is available immediately east of the site at the Lindo Avenue
street end where there is a small public beach with access to the water.
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2. The public beach is also the start of a six-foot-wide public sidewalk providing lateral access
and views of the bay along the bay front in front of the project site. The sidewalk is located
within a 10-foot-wide right-of-way that would allow for future widening and maintenance.
3. The property is subject to Restrictive Covenant Agreements limiting the height of
improvements and landscaping within previously vacated right-of-way bayward of the
public sidewalk to maintain views of the bay.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2017-047, 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 14TH DAY OF SEPTEMBER, 2017.
_____________________________________
Patrick J. Alford, Zoning 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. CD2017-047 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. 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.
6. Prior to the issuance of building permits, 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 agains t
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. Prior to the issuance of building permits, the project design shall be revised to comply
with the minimum open volume are requirement pursuant to NBMC Section 20.48.180
(Residential Development Standards and Design Criteria).
8. 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.
9. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
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10. 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.
11. 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.
12. If landscaping is proposed, the applicant shall submit a final landscape and irrigation
plan consistent with Implementation Plan Section 21.30.075 prior to the issuance of
building permits. These plans shall incorporate drought tolerant planting, non -invasive
plant species and water efficient irrigation design. The plans shall be approve d by the
Planning Division.
13. All landscape materials and irrigation systems shall be maintained in accor dance 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 part of
regular maintenance.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
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19. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented prior to and throughout the duration of construction activity.
20. 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.
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 McDonough Residence Coastal Development Permit including, but not limited
to, Coastal Development Permit No. CD2017-047 (PA2017-105). 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.