HomeMy WebLinkAboutZA2018-079 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 3-CAR GARAGE - 1392 GALAXY DRIVE05-15-2018
RESOLUTION NO. ZA2018-079
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2018-032 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 3-CAR
GARAGE LOCATED AT 1392 GALAXY DRIVE (PA2018-073)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Bill Caskey + Associates Inc., with respect to property located
at 1392 Galaxy Drive, requesting approval of a coastal development permit.
2. The lot at 1392 Galaxy Drive is legally described as Lot 80 of Tract 4224.
3. The applicant proposes the demolition of an existing single-family dwelling and the
construction of a new, 5,921-square-foot, one-story single-family residence and an
attached 762-square-foot 3-car garage. The project includes hardscape, drainage, and
landscaping improvements.
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-1-6000 (Single-Unit
Residential) Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-A (Single-Unit Residential Detached) and it is located within the R-1-6000
(Single-Unit Residential) Coastal Zone District.
6. A public hearing was held on June 28, 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.
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 propos ed project consists of the
Zoning Administrator Resolution No. ZA2018-079
Page 2 of 8
05-15-2018
demolition of one single-family residence and the construction of a new 5,921-square-
foot, single-family residence and an attached 762-square-foot, 3-car garage.
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, site coverage, setbacks, height, parking, and Bluff Overlay
standards.
a. Site coverage is limited to 60-percent (9,994 square feet) of the 16,567-square-foot
lot area. The proposed site coverage area is approximately 55 percent (9,162
square feet).
b. The proposed development provides the minimum required setbacks, which are 20
feet along the front bluff-side property line, 6 feet along each side property line and
6 feet along the rear property line of Galaxy Drive.
c. The highest flat roof is approximately 14.59 feet from established grade (106.96
feet NAVD88), significantly less that the 24-foot maximum height limit requirement.
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.
e. Pursuant to the Bluff Overlay Map B-9D (Upper Newport Bay Bluffs), the property is
located on a bluff subject to marine erosion. Consistent with the Bluff Overlay
standards, the proposed principal dwelling and major accessory structures (including
swimming pool) are located within Development Area A and setback a minimum of
25 feet from the bluff edge. Minor accessory structures are located within
Development B, a minimum of 10 feet back from bluff edge. No accessory structures
are proposed within Development Area C
Zoning Administrator Resolution No. ZA2018-079
Page 3 of 8
05-15-2018
2. The neighborhood is predominantly developed with one- and two-story, single-family
residences. Along the bluff side of Galaxy Drive, development consists primarily of
single-story, single-family dwellings. The proposed single-story design, bulk, and scale
of the development is consistent with the existing neighborhood pattern of development
and expected future development.
3. The property is located on a relatively level building pad approximately 105 feet above
mean sea level adjacent to a bluff that descends approximately 95 feet to the Upper
Newport Bay. A Geotechnical Investigation, dated March 23, 2018, was prepared by GMU
Geotechnical, Inc., for the project and found that the proposed grading and construction
will not adversely affect geologic stability of the existing bluff or adjoining properties or
structures, provided construction is performed in accordance with report
recommendations. In addition, the report found that the geologic conditions of the site are
favorable with respect to gross stability of the bluff that descends from the subject property
to the bay. The site is not susceptible to earthquake-induced liquefaction or landsliding.
Lastly, the potential for any erosion or slumping is considered very low due to moderate to
thick protective vegetation on the bluff and any surficial slumps that do occur are expected
to be very localized and shallow in nature and not expected to adversely affect the
proposed development. To maintain the surficial stability of the adjacent descending slope,
it is recommended that all drainage from the building pad and bluff side yard area be
directed to the adjacent street and not to the face of slope.
4. 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.
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 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 WQMP
prepared by Toal Engineering, Inc., dated March 25, 2018, has been reviewed and
Zoning Administrator Resolution No. ZA2018-079
Page 4 of 8
05-15-2018
approved by the City’s Engineer Geologist. The WQHP includes a polluted runoff and
hydrologic site characterization, a sizing standard for best management practices (BMPs),
use of low impact development and treatment control approaches to retain the design
storm runoff volume on site, and documentation of the expected effectiveness of the
proposed best management practices 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 and only temporary irrigation is installed within 10 feet of bluff edge (Bluff
Development Area C).
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 along the Upper
Newport Bay Bluffs. 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 the impact. In this case, the project replaces an existing
single-family residence with a new single-family residence. No changes to the existing curb
cut along Galaxy Drive is required to accommodate the replacement three-car garage and
public parking along the street will remain unaffected. 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 site is located
adjacent to Galaxy View Park, which provides enhanced public access to the bluff edge.
The project is designed and sited so as not to block or impede existing public access
opportunities.
2. The project site is located adjacent to and immediately south of Galaxy View Park, which
is a designated public viewpoint in the Coastal Land Use Plan and offers public views of
the Upper Newport Bay. Site evaluation revealed that the proposed one-story design is
consistent with the existing neighborhood pattern of development and will not affect the
existing views afforded from Galaxy View Park. The project will replace an existing single-
family home with a new single-family home that complies with all applicable development
standards, including the Bluff Overlay standards that requires an increased 25-foot setback
from the bluff edge. Galaxy View Park is approximately 500 feet in width and improved
with public benches and landscaping that orients and frames views toward the bay and
not over the subject site. Views across the project site are currently impacted due to
park landscaping and fencing improvements. Project implementation includes removal
of fencing within 10 feet of the bluff edge and removal of several on-site mature trees,
thereby enhancing the views along the park’s edge and the visual qualities of the bluff
below. 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.
Zoning Administrator Resolution No. ZA2018-079
Page 5 of 8
05-15-2018
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2018-032, 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 compli ance 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 28TH DAY OF JUNE, 2018.
_____________________________________
Patrick J. Alford, Zoning Administrator
Zoning Administrator Resolution No. ZA2018-079
Page 6 of 8
05-15-2018
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, 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 to address the
threat of damage or destruction from waves, erosion, storm conditions, landslides,
seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the
property, or development of the property, today or in the future. 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. 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.
5. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right -of-way.
6. 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).
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
Zoning Administrator Resolution No. ZA2018-079
Page 7 of 8
05-15-2018
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.
9. 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.
10. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
11. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
12. 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.
13. 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.
14. Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
15. Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building
Division.
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 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.
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
Zoning Administrator Resolution No. ZA2018-079
Page 8 of 8
05-15-2018
plant species and water efficient irrigation design. No permanent irrigation shall be
installed within 10 feet of bluff edge. The plans shall be approved by the Planning
Division.
20. The existing 3-foot-high metal picket fence that currently encroaches beyond the bluff
side property line shall be removed and relocated in compliance with the Bluff Overlay
standards.
21. 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.
22. 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.
23. 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.
24. This Coastal Development Permit No. CD2018-032 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.
25. 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 Ashby Residence including, but not limited to, Coastal Development Permit No.
CD2018-032 (PA2018-073). 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.