HomeMy WebLinkAboutZA2018-040 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE, DETACHED GARAGE AND POOL, AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE, ATTACHED 3-CAR GARAGE AND NEW SEAWALL - 1210 AND 1220 WEST BAY AVENUE02-22-2018
RESOLUTION NO. ZA2018-040
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-104 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE, DETACHED GARAGE
AND POOL, AND CONSTRUCT A NEW SINGLE-FAMILY
RESIDENCE, ATTACHED 3-CAR GARAGE, AND NEW
SEAWALL LOCATED AT 1210 AND 1220 WEST BAY AVENUE
(PA2017-243)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by McClean Design, with respect to property located at 1210 and
1220 West Bay Avenue, requesting approval of a coastal development permit.
2. The property is legally described as Lots 8, 9, and a portion of Lot 7, of Block 3, Tract
626.
3. A lot merger (LM2017-005) and associated coastal development permit (CD2017-055)
were approved on September 14, 2017, that allowed Lots 8, 9, and a portion of Lot 7, Block
3, Tract 626 to be merged into one lot. The lot merger will be recorded once the structures
onsite are demolished.
4. The applicant proposes a coastal development permit (CDP) to allow the demolition of an
existing single-family residence, detached garage, and pool, and construction of a 12,749-
square-foot, single-family residence with attached 760-square-foot 3-car garage. The
project includes removal of the existing bulkhead and construction of a new bulkhead with
associated features including new tiebacks and deadmen. No construction is proposed
bayward of the existing bulkhead. The design includes hardscape, walls, landscaping, and
drainage facilities.
5. 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.
6. The subject properties are 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 it is
located within the R-1 (Single-Unit Residential) Coastal Zone District.
7. A public hearing was held on April 12, 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.
Zoning Administrator Resolution No. ZA2018-040
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12-21-2017
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.
2. Class 3 exempts both the demolition and construction of up to three single-family
residences. The proposed project consists of the demolition of one single-family
residence, detached garage, and pool and the construction of a new 12,749-square-foot
single-family residence and attached 760-square-foot 3-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 14,688 square feet and the proposed floor
area is 12,749 square feet.
b. The proposed development provides the minimum required setbacks, which are 5
feet along the front property line abutting West Bay Avenue, 25 feet along the other
front setback on the bay, and 4 feet along each side property line.
c. The highest guardrail is less than 24 feet from established grade (9.72 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 three 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
residences. The proposed design, bulk, and scale of the development is consistent with
the existing neighborhood pattern of development.
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3. The development fronts the Newport Bay. The project site is protected by an existing
bulkhead. The finished first floor elevation of the proposed dwelling is 9.75 feet (NAVD
88), which complies with the minimum 9.00 feet (NAVD88) elevation standard. The
basement and all below grade development will have waterproofing at minimum of 12
inches above the finished floor (approximately 10.75 feet NAVD88).
4. A Coastal Hazards Report and Sea Level Rise Analysis (“Hazards Report”) was
prepared by GeoSoils, Inc., dated December 8, 2017 for the project. The report
concludes that the proposed project is reasonably safe from the shoreline erosion due
to lack of waves or wakes that can erode sand from the beach. However, based on the
Hazards Report, it is unlikely that the existing bulkhead at 9.4 feet NAVD88 could be
increased in height to adapt to future sea level rise. Moreover, the concrete panels show
signs of cracking with rust stains, which imply that the panel steel is jeopardized. The
condition of the deadman/tiebacks is unknown, but based on the age of the bulkhead
and the necessity to adapt to sea level rise, it is likely that the existing deadman/tie back
system is inadequate. Thus, the project proposes a new bulkhead to protect the site and
surrounding development from sea level rise, considering a 1.25-foot sea level rise (the
low range of projected sea level rise over the 75 -year design life of the structure based
on estimates for sea level rise provided by the National Research Council 2012 SLR).
The project proposes the replacement of the bulkhead to 10.18 MLLW (10.0 NAVD88),
which is compliant with the current minimum City Standard of 10.0 MLLW (9.82
NAVD88). No development would occur bayward of the existing 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 adjacent to the bay and the proposed 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.
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8. 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 November 9, 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.
9. 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 on the Balboa Peninsula between the nearest public road and
the sea. Implementation Plan 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 that impact. In this case, the project replaces an existing single-
family residence, detached garage, and pool located on Bayfront lots with a new single-
family residence and accessory structures. Therefore, the project does not involve a
change in land use, density or intensity that will result in increased demand on public
access and recreation opportunities. Although the previous coastal development permit
and lot merger approved in 2017 reduced the potential density onsite from two legal single-
family building sites to one single-family building site, the site is currently developed and
appears as one single-family residence on a single lot. Redevelopment of the site as a
single-family residence would not increase the demand for public access.
2. Due to the increase in lot size as part of the previously approved lot merger, the side yard
setbacks are required to be 4 feet on each side. Thus, potential view corridors along side
yards could be enhanced compared to existing structures.
3. The subject lots are interior lots, and only visible to pedestrians and motorists traveling
along West Bay Avenue. The project is designed and sited so as not to block or impede
existing public access opportunities at the public beach at the 12th Street end, which is
approximately 115 feet east of the site. The project site does not currently provide any
views or public access from the street to the harbor.
4. 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,
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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 on the Bay and Lido Isle. However, the new single-family home complies
with all applicable LCP development standards and will update the appearance of existing
structures onsite. The new bulkhead would comply with the maximum height standard for
fences and walls within the front setbacks, reaching a maximum height from existing grade
of 42 inches. Thus, 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 No. CD2017-104, 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 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 12TH DAY OF APRIL, 2018.
_____________________________________
Patrick J. Alford, Zoning Administrator
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12-21-2017
EXHIBIT “A”
CONDITIONS OF APPROVAL
(PROJECT SPECIFIC CONDITIONS ARE IN ITALICS)
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 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. Prior to the issuance of a building permit (excluding demolition permits), the approved
lot merger (PA2017-115) shall be recorded.
5. Properties immediately adjacent to the site shall be monitored for ground motion during
caisson placement and grading.
6. The dewatering system shall have sound attenuation blankets installed on all pumps
and motors.
7. A 10 to 12 foot high fabric fence shall be placed at property lines to reduce dust and
debris on properties immediately adjacent to the site.
8. 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.
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9. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right -of-way.
10. This Coastal Development Permit does not authorize any development seaward of the
private property.
11. 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 Erosion Control Plan.
12. 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.
13. 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.
14. 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.
15. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
16. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
17. 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.
18. 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.
19. 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.
20. 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
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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.
21. Prior to issuance of a building permits, the approved WQMP shall be submitted with the
Building Permit plans. Implementation shall be in compliance with the approved WQMP
and any changes could require separate review and approval by the Building Division.
22. 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.
23. 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 a nd debris. All irrigation systems shall
be kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
24. 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.
25. 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.
26. This Coastal Development Permit No. CD2017-104 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.
27. 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 Sabo Residence including, but not limited to, Coastal Development Permit No.
CD2017-104 (PA2017-243). 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
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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.