HomeMy WebLinkAboutZA2018-026 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW THREE-STORY SINGLE-FAMILY RESIDENCE WITH AN ATTACHED THREE-CAR GARAGE - 41 BEACON BAY
RESOLUTION NO. ZA2018-026
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-105 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW THREE-STORY SINGLE-FAMILY RESIDENCE WITH AN
ATTACHED THREE-CAR GARAGE AT 41 BEACON BAY
(PA2017-247)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jeff Benson of BD&Arch (“Applicant”), on behalf of Michael
Todd (“Owner”), with respect to property located at 41 Beacon Bay, requesting approval
of a coastal development permit.
2. The property is legally described as Lot 41, in the City of Newport Beach, County of
Orange, State of California, as shown on the map filed in Book 9, pages 42 and 43 of
Record of Surveys, in the office of the County Recorder of said County.
3. The Applicant proposes to demolish an existing single-family residence and construct a
new three-story, 4,596-square-foot, single-family residence with an attached 800-
square-foot, three-car garage. The project includes landscape, hardscape, and
subsurface drainage facilities all located within the confines of the private property. The
design 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 RT-C (Two-Unit Residential, 10.0 – 19.9 DU/AC) and the property is located
within the R-2 (Two-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 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
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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 demolition and construction 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 single-family residence and
the construction of a new 4,596-square-foot single-family residence with an attached
800-square-foot, three-car garage 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 total proposed floor area, including the residence and enclosed parking, is
5,396 square feet, which complies with the maximum allowable floor area limit of
6,762 square feet.
B. The proposed development will provide the minimum required setbacks, which are
six (6) feet along the front property line at Cove Road, four (4) feet along each side
property line, and five (5) feet along the front property line at Ketch Road.
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 10.52 feet (NAVD88),
which complies with the maximum height limitation.
D. The project includes enclosed garage parking for three vehicles, in compliance with
the minimum parking requirement for single-family residences with 4,000 square
feet or more of habitable floor area.
2. The neighborhood is predominantly developed with two -story single-family residences.
Most of the newer residences have a rooftop deck and a partial third story. 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 located approximately 170 feet from Promontory Bay and is separated
from the bayfront by Harbor Island Drive and a row of existing residential development.
The lowest first floor elevation of the living area of the proposed residence is 11.00 feet
(NAVD88), which exceeds the minimum required 9.00-foot (NAVD88) elevation
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standard. The floor elevation of the garage (i.e., not living area) slopes from 10.92 to
10.68 feet (NAVD88) with a 2-percent slope driveway connecting to the existing street.
4. The property is located in an area known for the potential of seismic activity and
liquefaction. A project-specific Geotechnical Investigation prepared by Coast
Geotechnical, Inc. on October 30, 2017, provides recommendations relative to grading,
drainage and foundation design. 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.
5. The project design addresses water quality with a construction erosion control plan that
outlines temporary Best Management Practices (BMPs) to be implemented during
construction to minimize erosion and sedimentation, and to minimize pollution of runoff
derived by construction chemicals and materials. No water quality impacts to coastal
waters are anticipated based upon the location and elevation of the property.
6. The property is not located on the shoreline nor is it 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. No water quality impacts to coastal
waters are anticipated based upon the location and elevation of the property
7. New landscaping will be verified for compliance with NBMC Section 21.30.075
(Landscaping). Condition of Approval No. 13 is included to require drought-tolerant, and
prohibits invasive, species. Prior to issuance of the building permits, the final landscape
plans will be reviewed to verify invasive species are not planted.
8. 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 .
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.
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2. The residential lot does not currently provide nor does it inhibit public coastal access. The
property is located approximately 385 feet from the public beach and vertical coastal
access is provided along several streets within the neighborhood. The nearest vertical
access point is located at the Shelter Cove street-end. Lateral access is available via a
public beach fronting Balboa Island Channel.
3. The nearest Public Viewpoint is located at the end of Channel Road viewing the
entrance of the Harbor, approximately 1,200 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 identified Public
Viewpoints and the project’s compliance with height and 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. CD2017-105, 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 compli ance 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. 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 st orm drain
or result in impacts to environmentally sensitive habitat areas, streams, wetland or their
buffers.
3. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented prior to and throughout the duration of constructio n activity as
designated in the Construction Pollution Prevention Plan (CPPP).
4. 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.
5. 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.
6. 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.
7. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
8. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
9. 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.
10. 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.
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11. 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.
12. 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 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.
13. Prior to the issuance of a building permit, 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.
14. 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.
15. 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
16. 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.
17. Coastal Development Permit No. CD2017-105 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.
18. 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 Todd Residence including, but not limited to, Coastal Development Permit No.
CD2017-105 (PA2017-247). 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,
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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.