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HomeMy WebLinkAboutZA2018-034 - COASTAL DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF AN EXISTING SINGLE-FAMILY DWELLING - 16 BAY ISLANDRESOLUTION NO. ZA2018-034 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-070 TO ALLOW THE DEMOLITION OF AN EXISTING SINGLE-FAMILY DWELLING LOCATED AT 16 BAY ISLAND (PA2017-167) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Tim Dean and Michelle Dean (“Applicant”), with respect to property located at 16 Bay Island, and legally described as S-Township 6, Range 10, Section 34, requesting approval of a coastal development permit. 2. The Applicant proposes a coastal development permit to allow the demolition of an existing two-story, 2,929-square-foot, single-family dwelling. 3. The subject Property is located within the Multi-Unit Residential (“RM”) Zoning District and the General Plan Land Use Element category is Multiple-Unit Residential Detached (“RM-D”). 4. The subject Property is located within the coastal zone. The Coastal Land Use Plan category is Multiple-Unit Residential – 10.0 – 19.9 DU/AC (“RM-C”) and the Coastal Zoning District is Multi-Unit Residential (“RM”). 5. A public hearing was held on March 29, 2018 in the Corona del Mar Conference Room (Bay E -1st Floor) located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (“NBMC”). 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 exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 under Class 1 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 1 exempts the demolition and removal of small structures including one single- family dwelling. The proposed project includes the demolition of an existing single- family dwelling located within the RM (Multi-Unit Residential) Zoning District. SECTION 3. REQUIRED FINDINGS. Zoning Administrator Resolution No. ZA2018-034 Page 2 of 5 Tmplt: 04/14/10 In accordance with NBMC Subsection 21.52.015(F) (Coastal Development Permits – Findings and Decision), the following findings and facts in support of the findings for a coastal development permit are set forth: Finding A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding 1. The subject property is an island currently developed with 23 single-family dwellings and associated accessory uses on an existing lot designed for residential development by the Local Coastal Program. The project applicant requests to demolish an existing single- family dwelling located on Building Site 16 of the island. After demolition of the dwelling, the site will be landscaped to control erosion. Per Section 21.30.085 of the Implementation Plan, landscaping has been conditioned to have low water demand and drought tolerance. The planting of invasive species shall be prohibited. Subsequent construction of a replacement single-family dwelling will require a separate coastal development permit at a later date. 2. 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. 3. The property is located adjacent to 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. 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 aby body of water located in the coastal zone; Facts in Support of Finding 1. The project site is located between the nearest public road and the sea or shoreline in the private community of Bay Island. NBMC Section 21.30A.040 requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. The project involves the demolition of one of 23 single-family dwellings on the island. The demolition will not result in any significant adverse impacts to public recreation, access or views or otherwise diminish the public’s use of the ocean, harbor, bay, channels, estuaries, salt marshes, sloughs, beaches, coastal parks, trails, or coastal bluffs. Zoning Administrator Resolution No. ZA2018-034 Page 3 of 5 Tmplt: 04/14/10 2. Vertical and lateral access to the bay front is available adjacent to the Bay Island community at the street ends along the Balboa Peninsula (approximately 400 feet from the subject property). 3. The project site is not located adjacent to a coastal view road, public viewpoint, public park or beach, or public accessway, as identified in the Coastal Land Use Plan. Furthermore, an investigation of the project site and surrounding area did not identify any other public view opportunities. The project site may be located within the viewshed of distant public viewing areas. The project consists of the demolition of a single family home and this coastal development permit does not authorize the construction of a new structure. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit Application No. CD2017-070, subject to the conditions set forth in Exhibit “A”, which is attached hereto and incorporated by reference. 2. This Coastal Development Permit action shall become final and effective fourteen (14) days following the date this resolution was adopted unless within such time an appeal or call for review is fined with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation plan of the NBMC. Final action taken by the City may be appealed to the Coastal Commission in compliance with NBMC Section 21.64.035 and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED AND ADOPTED THIS 29TH DAY OF MARCH, 2018. ______________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-034 Page 4 of 5 Tmplt: 04/14/10 EXHIBIT “A” CONDITIONS OF APPROVAL Project-Specific Conditions in Italics PLANNING DIVISION 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. Landscaping of the site shall conform to the requirements of Section 21.30.075 (Landscaping) and Section 21.30.085 (Water Efficient Landscaping) of the Local Coastal Program Implementation Plan. Plant materials shall be selected for low water-demand and drought tolerance, and the planting of invasive species shall be prohibited. 3. All landscape materials and irrigations systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing conditions 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. 4. The development (the demolition of an existing single-family dwelling and appurtenant facilities) shall be in substantial conformance with the approved demolition plan stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval). 5. 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. 6. Prior to issuance of building permits, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the City’s Building Division and field sets of plans. 7. 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. 8. 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 sides, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. Zoning Administrator Resolution No. ZA2018-034 Page 5 of 5 Tmplt: 04/14/10 9. 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 CPPP. 10. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Sold waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 11. 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. 12. Should the Property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of approval by either the current property owner or leasing agent. 13. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours of noise-generating construction activities to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 14. Coastal Development Permit No. CD2017-070 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. 15. 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 Dean Residence Demolition including, but not limited to, Coastal Development Permit No. CD2017-070 (PA2017-167). 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. 16. Prior to issuance of a demolition permit, the applicant shall prepare a Demolition Control Plan to minimize impacts to adjacent residences on Island Avenue and Edgewater Avenue to be reviewed and approved by the Community Development Director.