HomeMy WebLinkAboutZA2018-075 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE WITH ATTAHCED 2-CAR GARAGE AND CARPORT - 1012 WEST BAY04-03-2018
RESOLUTION NO. ZA2018-075
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2018-023 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE WITH ATTACHED 2-CAR
GARAGE AND CARPORT LOCATED AT 1012 WEST BAY
AVENUE (PA2018-058)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brandon Architects, Inc., representing property owners, Kevin
and Stephanie Kaberna, with respect to property located at 1012 West Bay Avenue,
requesting approval of a coastal development permit.
2. The lot at 1012 West Bay Avenue is legally described as Lot 8, Block 5, of Tract 626.
3. The applicant proposes a coastal development permit to demolish an existing single-family
residence and construct a new 3-story, 3,658-sq-ft single-family residence and 428-sq-ft
attached 2-car garage and 1-car carport. The project includes hardscape, drainage,
landscaping improvements, and a reinforced bulkhead. The proposed residence complies
with all applicable development standards including height, setbacks, and floor area limits.
No deviations are requested.
4. 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-Family Residential)
Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-B (Single-Unit Residential Detached) and it is located within the R-1
(Single-Unit Residential) Coastal Zone District.
6. A public hearing was held on June 14, 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. 075
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04-03-2018
2. Class 3 exempts the demolition of up to three single-family residences. The proposed
project consists of the demolition of one single-family residence and the construction of
a new 3,658-square-foot single-family residence and attached 428-square-foot 2-car
garage and 1-car carport.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
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 4,603 square feet and the proposed floor area
is 4,086 square feet.
b. The proposed development provides the minimum required setbacks, which are 25
feet along the waterfront, 3 feet along each side property line, and 5 feet along the
second frontage along West Bay Avenue.
c. The highest guardrail is less 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 requirements.
d. The project includes garage parking for a total of two vehicles, complying with the
minimum two-car garage parking requirement for single-family residences with less
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 and expected future development.
Zoning Administrator Resolution No. 075
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04-03-2018
3. The development fronts the Newport Bay. The project site is protected by a bulkhead.
The finished floor elevation of the proposed dwelling is 9.00 feet (NAVD 88), which
complies with the minimum 9.00 feet (NAVD88) elevation standard.
4. A Coastal Hazard Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated March 8, 2018, for the project. The report concludes that with the
proposed improvements, it is very unlikely that any type of wave will reach the site even
considering a 1.5-foot sea level rise (SLR). Overall, the analysis concludes that the
proposed project will be safe from flooding hazards for the next 75 years with the
reinforced and capped bulkhead. The existing bulkhead is not in good condition and is
in need of maintenance and repair at this time. The bay water elevation (currently
maximum 7.2 NAVD88) will exceed the current 7.89 feet NAVD88 top of bulkhead
elevation when sea level rise is greater than 0.69 feet, which would occur in
approximately 42 years based on the minimum estimates for SLR provided by the
National Research Council 2012 SLR report. Therefore, the project has been
conditioned to raise or cap the bulkhead up to the minimum City standard of 10.0 feet
(MLLW), 9.82 feet (NAVD88) to protect the improvements and other properties on the
Balboa Peninsula for the anticipated 75 -year life of the proposed improvements. The
site is also vulnerable to flooding from the adjacent street ends and other low lying
properties that will need to be raised in the future.
5. Pursuant to NBMC Section 21.30.030 (Natural Landform and Shoreline Protection)
(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 (General Site
Planning and Development Standards) (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 located within 100 feet of coastal waters. Pursuant to NBMC Section
21.35.030 (Construction Pollution Prevention Plan), a Construction Pollution Prevention
Plan (CPPP) is required to implement temporary Best Management Practices (BMPs)
during construction to minimize erosion and sedimentation and to minimize pollution of
runoff and coastal waters derived from construction chemicals and materials. A CPPP has
been prepared and included in the plan sets for review and approval prior to the issuance
of construction permits. Construction plans and activities will be required to adhere to the
approved CPPP.
Zoning Administrator Resolution No. 075
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04-03-2018
8. 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.
9. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), because of the
site’s proximity to the water and because the development contains more than 75 percent
of impervious surface area, a Water Quality and Hydrology Plan (WQHP) was prepared
by Thomas M. Ruiz, P.E. of Forkert Engineering, dated March 6, 2018. The final WQHP
will be required to be reviewed and approved by the City’s Engineer Geologist prior to
building permit issuance. The WQHP includes a polluted runoff and hydrologic site
characterization, a sizing standard for BMPs, use of a low-impact development approach
to retain the design storm runoff volume on-site, and documentation of the expected
effectiveness of the proposed BMPs. Construction plans will be required to comply with
the approved WQHP prior to the issuance of building permits.
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; the
project will not affect the public’s ability to gain access to, use, and/or view the coast and
nearby recreational facilities.
2. Vertical access to the bay front is available approximately 250 feet northwest and 150 feet
northeast of the site at the street ends along 11th Street and 10th Street, where there is a
small public beach with access to the water.
3. Vertical access to the beach is also available approximately 600 feet southeast and
southwest of the site at the street ends along 10th Street and 11th Street.
4. The public beach to the south also includes a 12-foot-wide public sidewalk along West
Ocean Front, providing lateral access and views of the beach.
5. The closest Public Viewpoint is located at Veteran’s Memorial Park, approximately 2,175
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 the Public Viewpoint and the project’s compliance with height,
setbacks, and floor area limits, the project will not impact coastal views.
Zoning Administrator Resolution No. 075
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04-03-2018
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2018-023, 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 i s 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 wit h Section
21.64.035 (Appeal to the Coastal Commission) 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 14TH DAY OF JUNE, 2018.
_____________________________________
Patrick J. Alford, Zoning Administrator
Zoning Administrator Resolution No. 075
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04-03-2018
EXHIBIT “A”
CONDITIONS OF APPROVAL
(project specific conditions 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. The existing seawall shall be reinforced and capped to 10.0 feet (MLLW), 9.82 feet
(NAVD88) in accordance with the recommendations provided in the report prepared by
PMA Consulting, Inc. on March 8, 2018 and as identified in the approved plans.
3. Waiver of Future Protection for Properties with Approved Bulkheads – 21.30.030.C.3(i)
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 o f the
bulkhead or other shoreline protective device. The agreement shall be binding against
the property owners and successors and assigns.
4. Acknowledgement of Hazards for Waterfront Development - 21.30.015.D.3(c)
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 again st
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.
5. 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.
6. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right -of-way.
7. This Coastal Development Permit does not authorize any development seaward of the
private property.
Zoning Administrator Resolution No. 075
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8. 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).
9. 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.
10. 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.
11. 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.
12. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
13. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14. 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.
15. 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.
16. 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.
17. 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 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.
18. Prior to issuance of a building permits, the approved WQHP/WQMP shall be submitted
with the Building Permit plans. Implementation shall be in compliance with the approved
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WQHP/WQMP and any changes could require separate review and approval by the
Building Division.
19. 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.
20. 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.
21. 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.
22. 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.
23. This Coastal Development Permit No. CD2018-023 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.
24. 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 Kaberna Residence including, but not limited to, Coastal Development Permit
No. CD2018-023 (PA2018-058). 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.