Loading...
HomeMy WebLinkAboutZA2018-041 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING DUPLEX AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AND ATTACHED TWO-CAR GARAGE - 225 EAST BAY FRONT02-22-2018 RESOLUTION NO. ZA2018-041 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-004 TO DEMOLISH AN EXISTING DUPLEX AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AND ATTACHED TWO-CAR GARAGE LOCATED AT 225 EAST BAY FRONT (PA2017-018) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ian Harrison Architect, with respect to property located at 225 East Bay Front, requesting approval of a coastal development permit. 2. The lot at 225 East Bay Front is legally described as Lot 22, Block 5, Section 5 of the Balboa Island Tract, in the City of Newport Beach, County of Orange, State of California. 3. The applicant proposes a coastal development permit for the demolition of an existing duplex and the construction of a new, 2,512-square-foot, three-story single-family residence including a 388-square-foot, two-car garage. The development also includes hardscape, drainage, and landscaping. 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 RT (Two-Unit Residential) by the General Plan Land Use Element and is located within the R-BI (Balboa Island) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-E (Two-Unit Residential (30.0 – 39.9 DU/AC)) and it is located within the R-BI (Balboa Island) Coastal Zone District. 6. 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. 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. Zoning Administrator Resolution No. 041 Page 2 of 8 12-21-2017 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 duplex and the construction of a new 2,512-square-foot single-family residence with an attached 388-square-foot, two- car garage in the R-BI 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, 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 2,900 square feet and the proposed floor area is 2,900 square feet. b. The proposed development provides the minimum required setbacks, which are 5 feet along the front property line face the waterfront, 3 feet along each side property line and 5 feet along the rear property line abutting the alley. c. The highest guardrail is no more than 24 feet from established grade (9.00 feet NAVD88) and the highest ridge is no more than 29 feet from established grade, which comply with the maximum height limitation . d. The project includes garage parking for two vehicles, complying with the minimum two-car garage parking requirement. 2. The neighborhood is predominantly developed with two - and three-story, single-family and two-unit 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 development fronts the Newport Bay, but is separated from the shoreline by a public sidewalk and bulkhead. The public bulkhead is at a height of 7.75 feet (NAVD88). The finished first floor elevation of the interior living area of the proposed residence is 9.00 feet (NAVD88), which complies with the minimum required 9.00-foot (NAVD88) elevation standard. Zoning Administrator Resolution No. 041 Page 3 of 8 12-21-2017 4. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by William Simpson & Associates, Inc. dated June 14, 2017 for the project. The report concludes that the proposed project is reasonably safe from coastal hazards for the next 75 years including shoreline movement, waves and wave run-up, and flooding with moderate future sea level rise projections. The current highest tides have reached approximately 7.62 feet (NAVD 88). Utilizing the Community Development Department policy of a 1.25 - foot sea level rise, the existing bulkhead and finished floor will protect the site and surrounding development from sea level rise. The proposed finished floor is 9.00 feet (NAVD 88), which is consistent with the minimum 9.00 feet (NAVD 88) standard. 5. 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. 6. 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. 7. 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 JT Consulting Engineers, dated November 14, 2017,has been reviewed and approved by the City’s Engineer Geologist The WQHP includes a pollu ted 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. 8. 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 9. Public coastal views from the public sidewalk and beach located between the project site and the bay will not be affected by the proposed development. 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 . Zoning Administrator Resolution No. 041 Page 4 of 8 12-21-2017 Fact in Support of Finding: 1. The project site is located on Balboa Island between the nearest public road and the sea or shoreline. The existing residential development does not currently provide nor does it inhibit public coastal access. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) 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. In this case, the project replaces an existing duplex located on a coastal lot with a new single-family residence. 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. Furthermore, the project is designed and sited so as not to block or impede existing public access opportunities. 2. Lateral coastal access is provided by the bay front public sidewalk and public beach, located between the project site and the bay. Vertical access to the public bay front area is provided at various street-ends throughout Balboa Island, with the nearest vertical access point located at the Balboa Avenue street-end, approximately 160 feet north of the project site. 3. Public coastal views from the bay front public sidewalk and beach located between the project site and the bay will not be affected by the proposed development. 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. However, the project will replace an existing duplex with a new single-family home that complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. 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 No. CD2017-004, 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. Zoning Administrator Resolution No. 041 Page 5 of 8 12-21-2017 PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF APRIL, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. 041 Page 6 of 8 12-21-2017 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, 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. 3. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 4. Coastal Development Permit No. CD2017-004 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 21.54.060 (Time Limits and Extensions), unless an extension is otherwise granted. 5. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 6. 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. 7. 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. 8. 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. 9. 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 Zoning Administrator Resolution No. 041 Page 7 of 8 12-21-2017 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 De velopment Permit. 10. 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. 11. 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. 12. The Applicant shall obtain Public Works review and approval of any private improvements proposed within the public right-of-way area. 13. 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. 14. 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. 15. 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). 16. 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. 17. 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. Stockpiles 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. 18. 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. Zoning Administrator Resolution No. 041 Page 8 of 8 12-21-2017 19. The abutting public sidewalk shall remain completely free and open throughout all construction and a minimum six-foot tall temporary construction barrier shall be erected. 20. 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. 21. 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 Garrett Residence including, but not limited to, Coastal Development Permit No. CD2017-004 (PA2017-018). 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.