HomeMy WebLinkAboutZA2017-088 - COASTAL DEVELOPMENT PERMIT FOR 7302 WEST OCEAN FRONT08-15-2017
RESOLUTION NO. ZA2017-088
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-056 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 2-CAR
GARAGE LOCATED AT 7302 WEST OCEAN FRONT (PA2017-
121)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Pacific Coast Architects, with respect to property located at
7302 West Ocean Front, requesting approval of a coastal development permit.
2. The lot at 7302 West Ocean Front is legally described as Lot 2, Block M of the Seashore
Colony Tract.
3. The applicant requests a Coastal Development Permit (CDP) to demolish an existing
two-story single-family residence and construct a new 3-story, 2,692 square foot, single-
family residence with a 417-square-foot 2-car garage. The design includes hardscape,
walls, and drainage facilities. The project complies with all applicable development
standards and no deviations are requested.
4. The subject property is designated RT (Two-Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two-Unit Residential) Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Two Unit Residential 30.0 -39.9 DU/AC (RT-E) and it is located within the Two-
Unit Residential (R-2) Coastal Zone District.
6. A public hearing was held on November 16, 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
Conversion of Small Structures), because it has no potential to have a significant effect
on the environment.
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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 2,692-square-
foot single-family residence and attached 417-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 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 3,120 square feet and the proposed floor area
is 3,107 square feet.
b. The proposed development provides the minimum required setbacks, which are 5
feet along the front property line abutting the public beach, 3 feet along each side
property line, and 5 feet along the rear property line abutting the alley.
c. The highest guardrail is less than 24 feet from established grade (13.18 feet
NAVD88) and the highest ridge is no more than 29 feet from established grade,
which comply with the maximum height requirements.
d. The project includes garage parking for a total of two 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 a public beach. The project site is not protected by a bulkhead.
The finished floor elevation of the proposed dwelling is 13.25 MSL (NAVD 88), which
complies with the minimum 9.00 MSL (NAVD88) elevation standard.
4. A Coastal Hazard and Sea Level Rise Analysis was prepared by William Simpson &
Associates, Inc. dated May 9, 2017 for the project. The report concludes that even if
some waters reach the site, they will not cause erosion and/or damage because of their
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relatively low velocity. Additionally, the report concludes that rise in future groundwater
elevation and sea level rise will not adversely impact the structure over its economic life
(75 years). The need for a shoreline protective device is not anticipated over the life of
the proposed development.
5. 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.
6. 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.
7. The property is not located within 100 feet of coastal waters. The 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.
8. The property is not located near designated Public View Points or Coastal View Roads
and will not impact public coastal views.
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;
however, the project will not affect the public’s ability to gain access to or use the coast
and nearby recreational facilities. Vertical access to the bay front is available
approximately 35 feet southeast of the site along Sonora Street. Lateral Access is
available via a large public beach fronting the subject property.
2. The proposed project is located entirely on private property and there will be no reduction
in on-street parking spaces.
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3. This CDP does not include a request to add or alter any new or existing improvements,
including landscaping, on State tidelands or public beaches. The existing improvements
on the adjacent public right-of-way were allowed in accordance with an encroachment
agreement and encroachment permit between the property owner and the City. Any
proposed alteration to the existing improvements would require City approval and may
require approval of a CDP.
4. Pursuant to the Coastal Land Use Plan, the nearest Public View Point is located in
Newport Shores, more than 2,500 feet from the property. The nearest Coastal View
Road (segment) is on West Coast Highway north of the subject property. Due to the
distance of the proposed development from the public viewpoint and the project’s
compliance with height, setbacks, the project will not impact 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. CD2017-056, 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 Resol ution
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 16TH DAY OF NOVEMBER, 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. 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 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. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
5. The existing improvements on the adjacent public right-of-way were allowed in accordance
with an encroachment agreement and encroachment permit between the property owner
and the City. Any proposed alteration to the existing improvements requires City approval
and may require approval of a Coastal Development Permit.
6. 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.
7. Best Management Practices (BMP’s) and Good Housekeeping Practices (GHP’s) shall
be implemented prior to and throughout the duration of construction activity as
designated in Drainage and Erosion Plans.
8. 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
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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.
9. 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.
10. 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.
11. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
12. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
13. 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.
14. This Coastal Development Permit may be modified or revoked by th e 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.
15. 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.
16. 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.
17. Prior to the issuance of building permits, the applicant shall submit a final landscape and
irrigation plan if any landscaping is proposed. 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.
18. 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.
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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.
19. Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
20. Should the property be sold or otherwise come under different ownership, any fut ure
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
21. This Coastal Development Permit No. CD2017-056 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.
22. 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 including, but not limited to, Coastal Development Permit No. CD2017-056
(PA2017-121). 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.