HomeMy WebLinkAboutZA2018-025 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW TWO-STORY, SINGLE FAMILY RESIDENCE AND TWO ATTACHED TWO-CAR GARAGES - 501 VIA LIDO SOUD
RESOLUTION NO. ZA2018-025
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-102 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW TWO-STORY, SINGLE-FAMILY RESIDENCE AND TWO
ATTACHED TWO-CAR GARAGES AT 501 VIA LIDO SOUD
(PA2017-239)
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 (“Applicant”), on behalf of John and Julie
Guida (“Owners”), with respect to property located at 501 Via Lido Soud, requesting
approval of a coastal development permit.
2. The property is legally described as Lots 456 and 457 of Tract 907.
3. The applicant proposed the demolition of an existing two-story, 4,558-square-foot,
single-family residence and construction of a new two-story 6,580-square-foot, single-
family residence with two attached two-car garages. The project includes landscape,
hardscape and subsurface drainage facilities. The site is protected by an existing private
bulkhead that has been inspected, is in generally good con dition, and will be reinforced
in conjunction with the proposed construction. The design 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-C (Single-Unit Residential Detached - (10.0 - 19.9 DU/AC) and the
property is located within the R-1 (Single-Unit Residential) 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 presen ted 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
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Conversion of Small Structures), because it has no potential to have a significant effect on
the environment.
2. Class 3 exempts the construction and location of limited numbers of new, small facilities
or structures including one single-family residence in a residential zone. The proposed
project consists of the demolition of an existing 4,558-square-foot, single-family
residence and construction of a new two-story, 6,786-square-foot, single-family
residence with two attached two-car garages in the R-1 Zoning District.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the Newport Beach Municipal Code (NBMC), 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 11,282 square feet and the proposed floor
area is 7,842 square feet.
b. The proposed development will provide the minimum required setbacks, which are
four (4) feet along the front property line abutting Via Lido Soud, four (4) feet along
each side property line, and ten (10) feet along the front property line abutting the
waterway.
c. The highest guardrail is no more than 24 feet and the highest roof ridge is no more
than 29 feet, measured from the established grade level of 11.54 feet (NAVD88),
which complies with the maximum height limitation.
d. The project includes enclosed garage parking for four vehicles, which exceeds the
minimum 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-story, single-family residences.
The proposed design, bulk, and scale of the development will be consistent with the
existing neighborhood pattern of development and expected future development .
3. The existing development includes a private seawall/bulkhead along the waterway. A
Bulkhead Condition Report prepared by PMA Consulting, Inc., dated October 21, 2017,
concludes that the cast-in-place wall is in generally good condition. In order to protect
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the proposed new development, the report recommends that the wall be reinforced and
repaired, and provides specific recommendations on how this should be accomplished.
Once the wall has been reinforced and repaired, it is not anticipated that the wall w ill
need further repair or replacement in the next 75 to 100 years.
4. 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.
5. A project-specific Coastal Hazards Analysis Report was prepared by PMA Consulting,
Inc., dated October 21, 2017. The report concludes that flooding, wave run up and
erosion will not significantly impact this property over the life of the proposed
development, provided the existing seawall is reinforced and repaired as recommended .
6. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), because of the
project site’s proximity to coastal waters, a Water Quality and Hydrology Plan (WQHP) was
prepared by Forkert Engineering & Surveying, Inc., dated November 9, 2017. The WQHP
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 a
low-impact development (LID) approach to retain the design storm runoff volume on site,
and documentation of the expected effectiveness of the proposed BMPs. Construction
plans will be reviewed for compliance with the approved WQHP prior to building permit
issuance.
7. 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. New landscaping will be verified for compliance with NBMC Section 21.30.075. A condition
of approval is included that requires drought-tolerant, and prohibits invasive, species
(Condition of Approval No. 17). Prior to issuance of the building permits, the final landscape
plans will be reviewed to verify invasive species are not planted.
9. The property is not located near designated public viewpoints 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 .
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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, use, and/or view
the coast and nearby recreational facilities.
2. The residential lot does not currently provide nor does it inhibit public coastal access. The
proposed scope of work involves the removal and replacement of an existing single-family
residence with a new single-family residence. Development will occur within the confines
of private property, and existing coastal access conditions will not be affected. Coastal
access is currently provided and will continue to be provided by adjacent small public
beach areas with access to and from the water.
3. There are no designated public viewpoints or coastal view roads near the project site,
per the Coastal Land Use Plan. Due to the distance of the proposed development from
public view points and the project’s compliance with all applicable development
standards, including height and setbacks, the project will not significantly impact existing
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. CD2017-102, 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 27TH DAY OF FEBRUARY, 2018.
_____________________________________
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 including the
repair and maintenance, enhancement, reinforcement, or any other activity affecting the
bulkhead, that results in any encroachment seaward of the authorized footprint o f 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. The existing private seawall/bulkhead shall be reinforced and repaired, in keeping with
the recommendations provided in the Bulkhead Condition Report prepared by PMA
Consulting, Inc., dated October 21, 2017.
5. Prior to issuance of building permits, the Applicant or Owners shall apply for and obtain
a certificate of compliance to formally recognize the two underlying legal lots as a single
building site.
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 (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).
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. Protective construction fencing shall be appropriately placed to contain debris and
construction activity onsite, and avoid any impact to the adjacent public beach area.
11. 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.
12. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
13. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14. 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.
15. 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.
16. 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.
17. 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 permit 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.
18. Prior to issuance of the building permits, a CPPP shall be submitted with the Building
Permit plans. Implementation shall be in complianc e with the approved CPPP and any
changes could require separate review and approval by the Building Division.
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19. 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.
20. 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.
21. 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.
22. Coastal Development Permit No. CD2017-102 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.
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 Guida Residence including, but not limited to, Coastal Development Permit No.
CD2017-102 (PA2017-239). 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.