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HomeMy WebLinkAboutZA2018-018 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 2-CAR GARAGE - 1316 WEST BAY AVENUE12-21-2017 RESOLUTION NO. ZA2018-018 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-098 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 2-CAR GARAGE LOCATED AT 1316 WEST BAY AVENUE (PA2017-229) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John Morgan Architect on behalf of Douglas Wong, with respect to property located at 1316 West Bay Avenue, requesting approval of a coastal development permit. 2. The lot at 1316 West Bay Avenue is legally described as Lot 9 in Block 2 of Tract 626 in the City of Newport Beach of the County of Orange, California. 3. The applicant proposes a coastal development permit (CDP) for the demolition of an existing single-family dwelling and the construction of a new, 4,311-square-foot, three- story single-family dwelling including a 475-square-foot two-car garage. The project includes hardscape, drainage, and landscaping improvements, a cantilevered concrete deck and a reinforced bulkhead. The proposed development complies with all applicable development standards including height, setbacks, and floor area limits. 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 Single Unit Residential Detached (RSD-C) and it is located within the Single- Unit Residential (R-1) Coastal Zone District. 6. A public hearing was held on February 27, 2018, 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 Zoning Administrator Resolution No. ZA2018-018 Page 2 of 9 12-21-2017 California Environmental Quality Act (CEQA) under Class 3, 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 4,311-square- foot single-family residence including an attached 475-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 4,572 square feet and the proposed floor area is 4,311 square feet. b. The proposed development provides the minimum required setbacks, which are 25 feet along the front property line abutting the water, 3 feet along each side property line and 5 feet along the second frontage on West Bay Avenue. 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 comply with the maximum height requirements. d. The project includes garage parking for a total of two vehicles, complying with the minimum three-car garage parking requirement for single-family residences with more than 4,000 square feet of habitable floor area. 2. The neighborhood is predominantly developed with two - and three-story, single-family and two-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 project site is protected by an existing cast-in-place concrete bulkhead with the top of the bulkhead elevation at 8.00 feet (NAVD88). A Bulkhead Conditions Report was prepared by PMA Consulting on October 25, 2017, and concluded that the existing Zoning Administrator Resolution No. ZA2018-018 Page 3 of 9 12-21-2017 concrete bulkhead was in good condition. The existing bulkhead is proposed to be reinforced to support the cantilevered deck, which includes a curb with a height of 10 feet NAVD88 and exceeds the City’s Harbor Design Criteria standard of 9.82 feet NAVD88 (10.00 feet MLLW). The Bulkhead Conditions Report concluded that the reinforced bulkhead with the cantilevered deck and raised curb will protect the proposed development and adjacent development. 4. The proposed cantilevered concrete deck has been designed in compliance with patio deck standards of Municipal Code Section 21.30C.050.G5. Specifically, the deck projects a maximum of five feet beyond the bulkhead, maintains minimum setbacks of five feet from the prolongations of the side property lines, and is located outside tidelands trust. However, the projection beyond the bulkhead falls under permit jurisdiction of the California Coastal Commission. Since the proposed deck includes an integrated raised curb needed to protect the development against future sea level rise, a condition of approval has been included requiring the applicant to apply for and obtain approval of a coastal development permit from the California Coastal Commission prior to the issuance of a building permit. 5. A Coastal Hazard Report and Sea Level Rise Analysis was prepared by PMA Consulting, Inc. for the project. The report concludes that with the reinforced bulkhead, cantilevered deck and raised curb to 10 feet NAVD88, the project will not be adversely impacted by potential coastal hazards, including sea level rise over the next 75 years. The need for a new shoreline-protective device is not anticipated over the economic life of the proposed development. Furthermore, if the bulkhead is found to not adequately protect the development for the actual sea level rise over the next 75 to 100 years, the bulkhead assembly allows an increase in height without further seaward encroachment. The bay water elevation (currently maximum 7.20 feet NAVD88) is estimated to rise to 8.70 feet NAVD88 based on the minimum estimates for sea level rise provided by th e National Research Council 2012 Sea Level Rise (SLR) estimates. Therefore, the new concrete curb at the cantilevered deck atop the bulkhead at a height of 10 feet NAVD88 is sufficient to protect the project site. 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. Zoning Administrator Resolution No. ZA2018-018 Page 4 of 9 12-21-2017 8. The applicant provided a Construction Pollution Prevention Plan (CPPP) p ursuant to Section 21.35.030 of the Municipal Code, 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 was reviewed and approved by the City’s Engineer Geologist. Construction plans and activities will be required to adhere to the approved CPPP. 9. 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. A WQHP prepared by Commercial Development Resources, dated October 20, 2017,has been reviewed and approved by the City’s Engineer Geologist The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. 10. Proposed landscaping complies with Implementation Plan Section 21.30.075. A condition of approval is included that requires drought-tolerant 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 project site is located between the nearest public road and the sea or shoreline; the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. 2. Vertical access to the bay front is available approximately 150 feet east of the site at the terminus of 13th Street and the Bay where there is a small public beach with access to the water. There is an additional vertical access to the bay front approximately 280 feet west of the site at the terminus of 14th Street and the Bay where there is a small public beach with access to the water. 3. The closest Public Viewpoint is located near Veterans Memorial Park and Marina Park, approximately 800 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 Viewpoint and the project’s compliance with height, setbacks, the project will not impact coastal views. SECTION 4. DECISION. Zoning Administrator Resolution No. ZA2018-018 Page 5 of 9 12-21-2017 NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-098, 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 follo wing 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 27TH DAY OF FEBRUARY, 2018 _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-018 Page 6 of 9 12-21-2017 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions of approval 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 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 cla ims 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, the beach, wetlands or their buffers. 5. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right -of-way. 6. The cantilevered deck shall comply with the design conditions of Municipal Code Sections 21.30 C.050.G.5. and 17.35.020 C. 7. Prior to the issuance of a building permit and harbor permit from the City for the proposed cantilevered deck, the applicant shall apply for and obtain approval of a coastal development permit from the California Coastal Commission. 8. Prior to the issuance of a building permit for the proposed residence, the applicant shall apply for and obtain approval of a coastal development permit from the California Coastal Zoning Administrator Resolution No. ZA2018-018 Page 7 of 9 12-21-2017 Commission for the proposed cantilevered deck with integrated concrete, unless plans are redesigned to eliminate the cantilevered deck and incorporate a bulkhead cap at the existing bulkhead wall to the City’s Harbor Design Criteria standard of 9.82 feet NAVD88 (10.00 feet MLLW). 9. 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 the Construction Pollution P revention Plan (CPPP). 10. 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 designate d 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. 11. Debris from demolition shall be removed from work areas each day and r emoved 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. 12. 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. 13. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 14. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 15. 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. 16. 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. 17. Prior to issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 18. Prior to issuance of a building permit, 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 Zoning Administrator Resolution No. ZA2018-018 Page 8 of 9 12-21-2017 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 depi ct the elements approved by this Coastal Development Permit. 19. Prior to issuance of a building permits, the approved CPPP and WQHP shall be submitted with the Building Permit plans. Implementation shall be in complianc e with the approved CPPP and WQHP and any changes could require separate review and approval by the Building Division. 20. Prior to the issuance of building permits, the applicant shall submit a final landscape and irrigation plan. These plans shall incorporate drought tolerant plantings, no n-invasive plant species and water efficient irrigation design. The plans shall be approved by the Planning Division. 21. 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. 22. 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. 23. 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. 24. This Coastal Development Permit No. CD2017-098 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. 25. 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 Wong Residence including, but not limited to, Coastal Development Permit No. CD2017-098 (PA2017-229). 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 Zoning Administrator Resolution No. ZA2018-018 Page 9 of 9 12-21-2017 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.