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HomeMy WebLinkAboutZA2018-084 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-STORY COMMERICAL OFFICE BUILDING AND CONSTRUCT A NEW THREE-STORY MIXED-USE DEVELOPMENT - 424 31TH STREET05-15-2018 RESOLUTION NO. ZA2018-084 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-094 TO DEMOLISH AN EXISTING SINGLE-STORY COMMERCIAL OFFICE BUILDING AND CONSTRUCT A NEW THREE-STORY MIXED USE DEVELOPMENT LOCATED AT 424 31st STREET (PA2017-217) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ball Architecture, with respect to property located at 424 31st Street, requesting approval of a coastal development permit. 2. The lot at 424 31st Street is legally described as Lot 19 of Block 331 of Lancasters Addition. 3. The applicant proposes to demolish an existing single-story office building and construct a three-story, mixed-use development. The proposed structure includes 745 square feet of commercial space at the ground floor and a 2,378-square-foot, single-family residential unit on the second and third floors. The development also includes a 400-square-foot, two- car tandem garage for the residential use and three uncovered parking spaces for the commercial use. The project includes hardscape, landscape, and subsurface drainage facilities. The design complies with all applicable development standards and no deviations are requested. 4. The subject property is designated MU-H4 (Mixed Used Horizontal) by the General Plan Land Use Element and is located within the MU-CV/15th Street (Mixed-Use Cannery Village/15th Street) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is MU-H (Mixed Used Horizontal) and it is located within the MU-CV/15th Street (Mixed-Use Cannery Village/15th Street) Coastal Zone District. 6. At a public hearing on December 15, 2016, the Zoning Administrator approved a Minor Site Development Review No. SD2016-008 for the project. 7. A public hearing was held on July 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. ZA2018-084 Page 2 of 8 05-15-2018 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. The Class 3 exemption applies to the construction of apartments, duplexes, and similar structures designed for not more than six dwelling units in urbanized areas. The proposed mixed-use development is consistent with all requirements of the Class 3 exemption, as it contains one commercial tenant space and one residential unit on an existing nonresidential site. 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 for residential uses is 2,785.8 square feet (i.e. floor area ratio [FAR] of 1.0.) The proposed gross floor area for residential use is 2,778 square feet. b. The minimum gross floor area allowable for nonresidential uses is 696 square feet (i.e. FAR of 0.25). The maximum gross floor area limitation for commercial is 1,393 (0.5 FAR). The proposed gross floor area of the nonresidential use is 74 5 square feet (0.27 FAR). c. The proposed development provides the minimum required setbacks, which are 0 feet along the front property line abutting 31st Street, 0 feet along each side property line, and 10 feet along the rear property line abutting the alley. Zoning Administrator Resolution No. ZA2018-084 Page 3 of 8 05-15-2018 d. The highest guardrail is less than 26 feet from established grade (9.00 feet NAVD88) and the highest ridge is no more than 31 feet from established grade, which comply with the maximum height requirements. e. The project includes a two-car tandem garage for residential use, and three uncovered guest/commercial parking spaces for the commercial component at a ratio of one space for every 250 square feet of gross floor area. Therefore, the project will comply with the minimum parking requirements. 2. The neighborhood is predominantly developed with one- and two-story, commercial and mixed-use structures. There are several structures in the immediate area that are similar in height at two-stories. Additionally, the Cannery Lofts development consisting of three- story mixed-use buildings is located near the project to the southeast. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development in the Cannery Village area. 3. The project design includes second- and third-floor decks, which serve to set back the second- and third-floor living areas from the street. This feature serves to remove some of the massing keeping the project at a pedestrian scale, which will helps maintain compatibility with the neighborhood. 4. The project has been designed such that it will be compatible with the scale of expected future development based on allowable development standards and recent pattern of construction in the neighborhood. 5. The development is located on an inland property in a developed area more than 500 feet from the bay. The project site is separated from the bay (the nearest body of water) by Villa Way, Lafayette Avenue, and a few blocks of mainly mixed use and commercial uses. The finished floor elevation of the first floor for the proposed structure is 9.00 feet based on the North American Vertical Datum of 1988 (NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard for new structures. The identified distances from the coastal hazards areas coupled with the 9.00 -foot (NAVD88) finish floor elevation, will help to ensure the project is reasonably safe for the economic life of the structure. 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 project site is located more than 500 feet from the bay. 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 Zoning Administrator Resolution No. ZA2018-084 Page 4 of 8 05-15-2018 minor rain event run-off on-site. Any water not retained on-site is directed to the City’s storm drain system. 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. 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 within the Cannery Village area. The project site is not located between the nearest public road and the sea or shoreline. The site is developed with a single-story commercial building and private parking lot. The site does not currently provide any views or access to/along the shoreline. Vertical access to the bay front is available along 31st Street in front of the project site. Lateral access along the bay is available via the Rhine. 2. 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, an investigation of the project site and surrounding area did not identify any other public view or access opportunities on the site. The project site is not located within the viewshed of distant public viewing areas. The project is located on an inland lot and will replace an existing nonresidential structure with a new mixed-use structure (i.e., nonresidential) that complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing and anticipated future 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. 3. The project will improve an underutilized property in a predominately mixed-use area, which will in turn help to enhance the visual quality of the Coastal Zone for visitors and residents. 4. The entire frontage of the project site is currently utilized for vehicular access to the existing parking lot and no street parking is provided. Therefore, construction of the project would not result in a loss of street parking for public use. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: Zoning Administrator Resolution No. ZA2018-084 Page 5 of 8 05-15-2018 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-094, 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. The project site is not located within the appeal area of the coastal zone; therefore, final action by the City may not be appealed to the California Coastal Commission. PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF JULY, 2018. Zoning Administrator Resolution No. ZA2018-084 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. 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. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right -of-way. 4. Best Management Practices (BMP’s) and Good Housekeeping Practices (GHP’s) shall be implemented prior to and throughout the duration of construction activit y as designated in the Construction Pollution Prevention Plan (CPPP). 5. 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. 6. 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. 7. 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. 8. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 9. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 10. 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. 11. 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 Zoning Administrator Resolution No. ZA2018-084 Page 7 of 8 05-15-2018 to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. This Coastal Development Permit No. CD2017-094 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. 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 Zoning Administrator Resolution No. ZA2018-084 Page 8 of 8 05-15-2018 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 Taormina Mixed Use Development including, but not limited to, Coastal Development Permit No. CD2017-094 (PA2017-217). 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.