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HomeMy WebLinkAboutZA2018-095 - COASTAL DEVELOPMENT PERMIT AND TENTATIVE PARCEL MAP TO CONSTRUCT A NEW THREE-STORY, TWO-UNIT RESIDENCE WITH CONDOMINIUMS - 411 39TH STREETRESOLUTION NO. ZA2018-095 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-051 AND TENTATIVE PARCEL MAP NO. NP2018-017 TO CONSTRUCT A NEW THREE-STORY, TWO-UNIT RESIDENCE WITH A TENTATIVE PARCEL MAP FOR CONDOMINIUMS AT 411 39TH STREET (PA2018-117) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Sailhouse Newport Island, LLC, with respect to property located at 411 39th Street, requesting approval of a coastal development permit (“CDP”) and tentative parcel map. 2.The property is legally described as Lot 8, Block 439 of the Canal Section, in the City of Newport Beach, County of Orange, State of California. 3.The applicant proposes a coastal development permit to allow the construction of a new three-story, 3,572-square-foot, two-unit residence including two attached single-car garages and two carport parking spaces. The proposed development includes landscape, hardscape, and subsurface drainage facilities. The design complies with all applicable development standards and no deviations are requested. The request also includes a tentative parcel map for two-unit condominium purposes. The Tentative Parcel map would allow each unit to be sold individually. No waivers of Title 19 (Subdivisions) are proposed. 4.The subject property is designated Two-Unit Residential (RT) by the General Plan Land Use Element and is located within the Two-Unit Residential (RT) Zoning District. 5.The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-D (Two-Unit Residential) and the property is located within the R-2 (Two- Unit Residential) Coastal Zone District. 6.A public hearing was held on August 9, 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 Zoning Administrator Resolution No. ZA2018-095 Page 2 of 13 Conversion of Small Structures); and Section 15315 under Class 15 (Minor Land Divisions) because it has no potential to have a significant effect on the environment. 2.Class 3 exempts the construction and location of limited numbers of new, small facilities or structures including one single-family residence in a residential zone. The proposed project consists of the construction of a new 3,572-square-foot two-family residence R- 2 Zoning District. Class 15 exempts the division of property in urbanized areas zoned for residential, commercial, or industrial use into four (4) or fewer parcels when the division is in conformance with the General Plan and Zoning, no variances or exceptions are required, all services and access to the proposed parcels are available, the parcel was not involved in a division of a larger parcel within the previous two (2) years, and the parcel does not have an average slope greater than 20 percent. The Tentative Parcel Map is for condominium purposes and is consistent with all of the requirements of the Class 15 exemption. 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 and Tentative Parcel Map for condominium purposes complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a.The total proposed floor area, including the residences and enclosed parking, is 3,572 square feet, which complies with the maximum allowable floor area limit of 3,840 square feet. b.The proposed development provides the minimum required setbacks, which are 10 feet along the front property line on 39th Street, 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 and the highest roof ridge is no more than 29 feet, measured from the established grade level of 9.03 feet based on the North American Vertical Datum of 1988 (“NAVD88”), which complies with the maximum height limitation. Zoning Administrator Resolution No. ZA2018-095 Page 3 of 13 d.The project includes one enclosed garage for each residence parking and one covered carport for each residence for a total of four parking spaces vehicles, in compliance with the minimum parking requirement for two-family residences. 2.The neighborhood is predominantly developed with one- and two-story, single-and-two- family residences. Newer three-story development is also present in the vicinity. The proposed design, bulk, and scale of the development is compatible with the existing neighborhood pattern of development and expected future development consistent with applicable development standards. 3.The project site is located on Newport Island, approximately 160 feet from the Newport Harbor Channel and is separated from the water by other developed properties and the Channel Place public right-of-way. The finished first floor elevation of the proposed residence is 9.51 feet based on the North American Vertical Datum of 1988 (NAVD88) elevation standard, which complies with the minimum required 9 -foot (NAVD88) elevation standard. 4.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. 5.The project design addresses water quality with a construction erosion control plan that outlines temporary Best Management Practices (BMPs) to be implemented during construction to minimize erosion and sedimentation, and to minimize pollution of runoff derived by construction chemicals and materials. No water quality impacts to coastal waters are anticipated based upon the location and elevation of the property. 6.The property is not located on the shoreline nor is it located within 100 feet of coastal waters. 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.New landscaping will be verified for compliance with NBMC Section 21.30.075 (Landscaping). Condition of Approval No. 11 is included to require drought-tolerant, and prohibits invasive, species. Prior to issuance of the building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 8.The property is located landward of a designated public viewpoint, is not near a coastal view road as designated by the Local Coastal Plan, and will not impact public coastal views. 9.The Tentative Parcel Map is for condominium purposes and meets all of the requirements of the Local Coastal Program, including 21.30.025 Coastal Subdivisions. Zoning Administrator Resolution No. ZA2018-095 Page 4 of 13 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 and Tentative Parcel Map is an inland lot and is not located between public road and the sea or shoreline. 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 garage with a new two-unit residence. Although, the lot was used only as a surplus garage for an abutting single-family development, the original configuration of the lot with the zoning designation of R-2 anticipated a two-unit 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.The residential lot does not currently provide nor does it inhibit public coastal access, and the proposed development does not alter or affect existing access conditions. Coastal access is provided along the public streets and street ends throughout the neighborhood. 3.The project site and Tentative Parcel Map 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 opportunities. The project site may be located within the viewshed of distant public viewing areas. However, the project is located on an inland lot and will replace an existing garage with a new two-unit dwelling that complies with all applicable Local Coastal Program development standards and maintains a building envelope consistent with the existing and anticipated 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. The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent with the legislative intent of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code and is approved based on the following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps) of Title 19: Zoning Administrator Resolution No. ZA2018-095 Page 5 of 13 Finding: A.That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: 1.The Tentative Parcel Map is for two-unit residential condominium purposes. An existing garage has been demolished and will be replaced with a new two-unit duplex. The proposed subdivision and improvements are consistent with the density of the R-2 Zoning District and the current RT General Plan Land Use Designation. 2.The Tentative Parcel Map does not apply to any specific plan area. Finding: B.That the site is physically suitable for the type and density o f development. Facts in Support of Finding: 1.The lot is physically suitable for a two-unit development because it is regular in shape and is relatively flat. 2.The subject property is accessible from 39th Street and an alley at the rear, and is adequately served by existing utilities. Finding: C.That the design of the subdivision or the proposed improvements, are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1.The site was developed with a surplus garage that served a single-family residence on an abutting property. The garage has been demolished and will be replaced with a new two-unit duplex. 2.The property is located in an urbanized area that does not contain any sensitive vegetation or habitat. Zoning Administrator Resolution No. ZA2018-095 Page 6 of 13 3.The project is categorically exempt under Section 15315 (Article 19 of Chapter 3), of the California Environmental Quality Act (CEQA) Guidelines – Class 15 (Minor Land Alterations). Finding: D.That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: 1.The Tentative Parcel Map is for residential condominium purposes. All improvements associated with the project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Section 19.28.010 (General Improvement Requirements) of the Municipal Code and Section 66411 (Local agencies to r egulate and control design of subdivisions) of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. Finding: E.That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereb y granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: 1.The design of the development will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed development, because there are no public easements located on the property. Finding: F.That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Zoning Administrator Resolution No. ZA2018-095 Page 7 of 13 Facts in Support of Finding: 1.The property is not subject to the Williamson Act because the subject property is not designated as an agricultural preserve and is less than 100 acres in area. 2.The site, developed for residential use, lies in a zoning district that permits residential uses. Finding: G.That, in the case of a “land project” as defined in Section 11000.5 of the California Business and Professions Code: (1) there is an adopted specific plan for the area to be included within the land project; and (2) the decision making body finds that the proposed land project is consistent with the specific plan for the area. 1.California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this Project site is not considered a “land project” as previously defined in Section 11000.5 of the California Business and Professions Code because the Project site does not contain 50 or more parcels of land. 2.The project is not located within a specific plan area. Finding: H.That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Ma p Act. Facts in Support of Finding: 1.The Tentative Parcel Map and any future improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: I.That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City’s share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City’s residents and available fiscal and environmental resources. Facts in Support of Finding: 1.The proposed two-unit duplex is consistent with the R-2 Zoning District, which allows two (2) residential units on the property. Therefore, the Tentative Parcel Map for condominium purposes will not affect the City in meeting its regiona l housing need. Zoning Administrator Resolution No. ZA2018-095 Page 8 of 13 Finding: J.That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding: 1.The new two-unit duplex will be designed so that wastewater discharge into the existing sewer system complies with the Regional Water Quality Control Board (RWQCB) requirements. Finding: K.For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Support of Finding: 1.The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-D (Two-Unit Residential) and the property is located within the R-2 (Two-Unit Residential) Coastal Zone District. The facts in support of findings for Section 21.52.015 (Coastal Development Permits, Findings and Decision) found above are hereby incorporated for reference. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1.The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2018-051 and Tentative Parcel Map No. NP2018-017, 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. ZA2018-095 Page 9 of 13 PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF AUGUST, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-095 Page 10 of 13 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.Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 3.Coastal Development Permit No. CD2018-051 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. 4.Prior to the final of building permits and the recordation of the parcel map, a park fee shall be assessed for two (2) additional units. 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.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). 9.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. 10.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 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 . Zoning Administrator Resolution No. ZA2018-095 Page 11 of 13 11.Prior to issuance of a building permit, the applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 12.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. 13.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. 14.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. 15.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. 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. 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. 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. 19.Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notifie d of the conditions of this approval by the current property owner or agent. Tentative Parcel Map Conditions Zoning Administrator Resolution No. ZA2018-095 Page 12 of 13 20.A Parcel Map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital-graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision M anual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City’s CADD Standards. Scanned images will not be accepted. 21.Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 22.All improvements shall be constructed as required by Ordinance and the Public Works Department. 23.All damaged sidewalk panels, curb, gutter and street along the 39th Street property frontage and any damaged concrete alley panels along the alley property frontage shall be reconstructed as determined by the Public Works Department. 24.All existing overhead utilities shall be undergrounded. 25.All above ground improvements shall stay a minimum 5-foot clear of the alley setback. 26.Each unit shall be served by its individual water meter and sewer lateral and cleanout. Each water meter and sewer cleanout shall be installed with a traffic -grade box and cover. 27.An encroachment permit is required for all work activities within the public right-of-way. 28.All improvements shall comply with the City’s sight distance requirement. See City Standard 110-L. 29.In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of-way could be required at the discretion of the Public Works Inspector. 30.Subsequent to the recordation of the Parcel Map, the applicant shall apply for a building permit for a description change of the subject project development from “duplex” to “condominium.” The development will not be condominiums until this permit is finaled. The building permit for the new construction shall not be finaled until after recordation of the Parcel Map. 31.This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved Zoning Administrator Resolution No. ZA2018-095 Page 13 of 13 in compliance with the provisions of Title 19 Subdivisions of the Newport Beach Municipal Code. 32.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 Sailhouse Newport Island LLC. Residences including, but not limited to, Coastal Development Permit No. CD2018-051 and Tentative Parcel Map No. NP2018- 017 (PA2018-117). 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.