HomeMy WebLinkAboutZA2018-099 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 1-CAR AND 2-CAR GARAGES - 440 HARBOR ISLAND DRIVE05-15-2018
RESOLUTION NO. ZA2018-099
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2018-012 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 1-CAR
AND 2-CAR GARAGES LOCATED AT 440 HARBOR ISLAND
DRIVE (PA2018-031)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Edward A. Contreras, with respect to property located at 440
Harbor Island Drive, requesting approval of a coastal development permit.
2.The lot at 440 Harbor Island Drive is legally described as Lot 42 of Tract 3867 in the City
of Newport Beach, County of Orange, State of California.
3.The applicant requests a coastal development permit (CDP) to allow the demolition of an
existing single-family residence and construction of a 5,162-square-foot, three-story single-
family residence with three-garage spaces containing 702 square feet in aggregate. The
project includes repair and reinforcement of the existing bulkhead and a cantilevered deck.
The design includes hardscape, walls, landscaping, and drainage facilities. The project
complies with all applicable development standards and 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-Unit 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 – (6.0 – 9.9 DU/AC) and it is located
within the R-1 (Single-Unit Residential) Coastal Zone District.
6.A public hearing was held on August 23, 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.
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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
demolition of one single-family residence and the construction of a new 5,162-square-
foot single-family residence and attached one and two-car garages containing 702
square feet combined.
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 7,124 square feet and the proposed floor area
is 5,864 square feet.
b.The proposed development provides the minimum required setbacks, which are 6
feet along the front property line abutting Harbor Island Drive (for the building), 4
feet along each side property line and 10 feet along the other front property line
abutting the water. Portion of the existing structure that encroach into the side
setback will be removed as part of demolition.
c.The highest guardrail is less than 24 feet from established grade (10.535 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 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.
2.The neighborhood is predominantly developed with two-story single-family residences
and scattered three-story single-family residences. The proposed design, bulk, and
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scale of the development is consistent with the existing neighborhood pattern of
development.
3.The interior finished floor elevation of the proposed dwelling is 9.37 feet (NAVD 88) at its
lowest level, which complies with the minimum 9.00-foot (NAVD88) elevation standard.
4.The development fronts the Newport Bay. The project site is protected by an existing cast-
in-place concrete bulkhead. A Bulkhead Conditions Report was prepared by William
Simpson & Associates, Inc. on February 1, 2018, and concluded that the existing jetted-in
pre-cast concrete panels of the seawall and cast-in place concrete coping were found to
be in generally good condition without noticeable evidence of distress. The existing
bulkhead is proposed to be repaired and reinforced to support the cantilevered deck that
includes a concrete curb with a height of 9.82 feet NAVD88 (10.0 feet MLLW) which
complies with the City’s Harbor Design Criteria standard of 9.82 feet NAVD88 (10.0 feet
MLLW).
5.The proposed replacement cantilevered concrete deck has been designed in compliance
with patio deck standards of Municipal Code Section 21.30C.050.G5. Specifically, the deck
projects a maximum of five feet beyond the bulkhead, maintains minimum setbacks of five
feet from the prolongations of the side property lines, and is located outside tidelands trust.
However, the projection beyond the existing bulkhead falls under permit jurisdiction of the
California Coastal Commission. Since the proposed deck includes an integrated raised
curb required to meet the City’s Harbor Design Criteria Standard, a condition of approval
has been included requiring the application to apply for and obtain approval of the coastal
development permit from the California Coastal Commission prior to the issuance of a
building permit
6.A Coastal Hazards Report and Sea Level Rise Analysis was prepared by William Simpson
& Associates, Inc. dated July 26, 2018 for the project. The report concludes that the
proposed project is reasonably safe from the shoreline erosion due to lack of wave or
wakes that can erode sand from the beach. The Bulkhead Conditions Report and Coastal
Hazards Report and Sea Level Rise Analysis conclude that once reinforcement and repair
of the existing bulkhead is completed, no additional repair or replacement of the seawall
shall be required for the life of the development. However, in order to protect adjacent
properties, provide additional protection for the proposed residence (should the sea level
reach heights over the existing bulkhead), and provide a complete system of bulkheads
along the bay, the proposed cantilevered deck includes a concrete curb with a height of
9.82 feet NAVD88 (10.0 feet MLLW) which complies with the City’s Harbor Design Criteria
standard of 9.82 feet NAVD88 (10.0 feet MLLW). Thus, the improved concrete curb is
sufficient protection from sea level rise, considering a 1.25-foot sea level rise (the low
range of projected sea level rise over the 75-year design life of the structure based on
estimates for sea level rise provided by the National Research Council 2012 SLR). If found
not adequate for the actual sea level rise over the next 75 to100 years, the bulkhead
assembly allows increases in height without further seaward encroachment.
7.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
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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.
8.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.
9.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 preliminary
WQHP has been prepared for the property by TOAL Engineering, Inc., dated February 5,
2018. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing
standard for BMPs, use of an LID approach to retain the design storm runoff volume on
site, and documentation of the expected effectiveness of the proposed BMPs.
10.The property is located adjacent to the bay. A Construction Erosion Control Plan was
provided to implement temporary Best Management Practices (BMPs) during construction
to minimize erosion and sedimentation and to minimize pollution of runoff and coastal
waters derived by construction chemicals and materials. The project design also
addresses water quality through the inclusion of 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.
11.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 between the nearest public road and the sea or shoreline.
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
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residence located on standard R-1 lot with a new single-family 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. The nearest lateral
access is located less than 200 feet north of the property near the intersection of Harbor
Island Drive and Bayside Drive. Harbor Island Drive does not contain an outlet. Public
access points are also provided to the south along the opposite side of Harbor Island Drive,
where there is a public beach along the Bay. The project does not include any offsite
features that could impede existing access. The project is designed and sited (appropriate
height, setbacks, etc.) so as not to block or impede existing public access opportunities.
2.The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is less than 200 feet north of the property near the intersection of Harbor Island
Drive and Bayside Drive. Similarly, the nearest coastal view road segment is located
along Bayside Drive. These areas offer localized, limited views of the harbor and several
residences. Site evaluation revealed that the proposed three-story design is consistent with
the existing neighborhood pattern of development containing two and some scattered
three-story residences, and will not affect the existing, limited views afforded from the small
viewing area. The project will replace an existing single-family home with a new single-
family home that complies with all applicable development standards, including the third
story setbacks that provide additional 15-foot stepbacks along the bay and street property
lines (as measured from the setback lines). There are also two-foot third floor stepbacks
from the side setback lines. The project presents the opportunity to enhance views by
updating an old structure with a new building with an updated design. All structures within
the front setback area along the bay would be limited to 42” in height, ensuring that the bay
does not appear to be walled off. 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 proposed single-family residence complies with all applicable Local Coastal Program
(LCP) development standards and maintains a building envelope consistent with the
existing neighborhood pattern of development. Additionally, the project does not contain
any unique features that could degrade the visual quality of the coastal zone.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2018-012, 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
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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 23rd DAY OF AUGUST, 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.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 of the
bulkhead or other shoreline protective device. 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 dama ge 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.The cantilevered deck shall comply with the design standards of Municipal Code
Sections 21.30.C.050.G.5 and 17.35.020C.
7.Prior to the issuance of a building permit and harbor permit from the City for the
proposed cantilevered deck, the applicant shall apply for and obtain approval of a
coastal development permit from the California Coastal Commission.
8.Prior to the issuance of a building permit for the proposed residence, the applicant shall
apply for and obtain approval of a coastal development permit from the California
Coastal Commission for the proposed cantilevered deck with integrated concrete curb,
unless plans are redesigned to eliminate the cantilevered deck and incorporate a
bulkhead cap at the existing bulkhead wall to the City’s Harbor Design Criteria standard
of 9.82 feet NAVD88 (10.0 feet MLLW).
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9.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 Erosion Control Plan.
10.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 an d 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.
11.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.
12.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.
13.Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
14.The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
15.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.
16.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 inju rious
to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
17.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.
18.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.
19.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.
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20.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.
21.Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
approved CPPP and WQHP/WQMP and any changes could require separate review
and approval by the Building Division.
22.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 appr oved by the
Planning Division.
23.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.
24.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.
25.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.
26.This Coastal Development Permit No. CD2018-012 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.
27.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 Contreras Residence including, but not limited to, Coastal Development Permit
No. CD2018-012 (PA2018-031). 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,
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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.