HomeMy WebLinkAboutZA2018-064 - COASTAL DEVELOPMENT PERMIT TO REMOVE AN EXISTING SINGLE-STORY MANUFACTURED HOME AND INSTALL A NEW SINGLE-STORY MANUFACTURED HOME AND INSTALL A NEW SINGLE-STORY MANUFACTURED HOME AND ATTACHED AWNING CARPORT - 257 MAYFLOWER DRIVE
02-22-2018
RESOLUTION NO. ZA2018-064
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2018-042 TO REMOVE AN
EXISTING SINGLE-STORY MANUFACTURED HOME AND
INSTALL A NEW SINGLE-STORY MANUFACTURED HOME AND
ATTACHED AWNING CARPORT LOCATED AT 257
MAYFLOWER DRIVE (PA2018-093)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Steve Almquist of Coastline Construction (“Applicant”) on
behalf of Jennifer Carter (“Manufactured Home Owner”), with respect to a manufactured
home site located at 257 Mayflower Drive, requesting approval of a coastal development
permit.
2. The site is located within Bayside Village Mobile Home Park, legally described as Parcel 1
of Parcel Map No. 93-111.
3. The Applicant proposes the removal of an existing single-story manufactured home and
the installation of a new single-story manufactured home. The development also
includes an aluminum carport awning, ingress/egress stairs, hardscape, drainage, and
landscaping. The development complies with all applicable standards and no deviations
are requested.
4. The subject property is designated Multiple-Unit Residential ("RM") by the General Plan
Land Use Element and is located within the Bayside Village Mobile Home Park Planned
Community ("PC-1") Zoning District.
5. The subject site 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 it is located within the Bayside
Village Mobile Home Park ("PC-1") Coastal Zone District.
6. A public hearing was held on May 24, 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 of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
removal of one single-family manufactured home and the installation of a new single-
family manufactured home.
SECTION 3. REQUIRED FINDINGS.
In accordance with Newport Beach Municipal Code (“NBMC”) Section 21.52.015 (Coastal
Development Permits, Findings and Decision), 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 development standards identified
by the PC-1 Development Plan and the proposed design is in substantial conformance
with the approved site plan.
a. The Project is within the confines of the manufactured home site plan.
b. The Project has been reviewed and approved by the Mobile Home Park Owner, as
evidenced by the Application for Permit to Construct included with the application.
c. The Project includes a covered parking area for one vehicle, complying with the
minimum parking requirement per site.
2. The Bayside Village Mobile Home Park is predominantly developed with single- and
two-story, mobile/manufactured homes. The proposed design, bulk, and scale of the
development is consistent with the existing pattern of development and expected future
development consistent with applicable development standards.
3. The Bayside Village Mobile Home Park is comprised of Parcel 1 (South) and Parcel 2
(North) of Parcel Map No. 93-111. The project site is located within the south parcel and
is approximately 650 feet from the Newport Bay. It is separated from Newport Bay by
several rows of manufactured home sites, Bayside Drive, and the entirety of the north
parcel. The site is at an approximate elevation of between 13 and 14 feet based on the
North American Vertical Datum of 1988 (NAVD88).
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4. 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.
5. The building codes for construction and installation of a manufactured home are contained
within the California Health and Safety Code. The State of California Department of
Housing and Community Development (HCD) issues all construction permits. The
applicant has provided evidence of approval from the State, as well as the park owner.
6. Proposed landscaping complies with NBMC Section 21.30.075 (Landscaping). 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 between the nearest public road and the sea or shoreline, and
the existing residential development neither provides nor inhibits 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 single-family manufactured home on an interior site
located within an existing mobile/manufactured home park with a new single-family
manufactured home. 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.
2. Bayside Drive bisects the north and south parcels of the Bayside Village Mobile Home
Park and provides access to the Newport Dunes, which provides several coastal
recreational opportunities for the public’s use.
3. The mobile/manufactured home park abuts Coast Highway, a public coastal view road.
The park is separated from the public right-of-way by an existing site wall that is
approximately seven feet tall and provides for limited views across the park. 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 single-family manufactured home with
a new single-family manufactured home that complies with all applicable Local Coastal
Program development standards and maintains a building envelope consistent with the
existing pattern of development. Therefore, the project does not have the potential to
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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. CD2018-042, 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 24TH DAY OF MAY, 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 storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
wetlands or their buffers.
3. 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 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 prop erty is operated or maintained
so as to constitute a public nuisance.
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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. and shall incorporate
drought tolerant plantings, non-invasive plant species and water efficient irrigation
design. All irrigation systems shall be kept operable, including adjustments,
replacements, repairs, and cleaning as part of regular maintenance.
12. 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.
13. This Coastal Development Permit No. CD2018-042 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.
14. 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 Carter Residence Coastal Development Permit including, but not limited
to, Coastal Development Permit No. CD2018-042 (PA2018-093). 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.