HomeMy WebLinkAboutZA2018-105 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH TWO EXISTING DUPLEXES AND TO CONSTRUCT A NEW THREE-STORY DUPLEX WITH TWO ATTACHED GARAGES AND TWO CARPORTS - 417 EAST BAY AVENUERESOLUTION NO. ZA2018-105
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2018-038 TO
DEMOLISH TWO EXISTING DUPLEXES AND TO CONSTRUCT A
NEW THREE-STORY DUPLEX WITH TWO ATTACHED
GARAGES AND TWO CARPORTS AT 417 EAST BAY AVENUE
AND 410 HARDING STREET (PA2018-087)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. Mark Teale of Teale Architecture (“Applicant”) on behalf of Brad Labrecque (“Owner”) filed
an application with respect to property located at 417 East Bay Avenue and 410 Harding
Street, requesting approval of a coastal development permit (CDP).
2. The property is legally described as Lot 3 in Block 2 of the Balboa Tract, in the City of
Newport Beach, County of Orange, State of California.
3. The Applicant proposes to demolish two separate duplexes (four residential units total) and
to construct a new three-story, 3,191-square-foot residential duplex, including two attached
garages and two carports. The proposed development includes landscape, hardscape,
and subsurface drainage facilities all within the confines of private property. The design
complies with all applicable development standards and no deviations are requested.
4. Newport Beach Municipal Code (“NBMC”) Chapter 21.34 (Conversion or Demolition of
Affordable Housing) does not apply to this project, as there are no more than two units
within each structure.
5. The subject property is designated Multiple-Unit Residential (“RM”) by the General Plan
Land Use Element and is located within the Multi-Unit Residential (“RM”) Zoning District.
6. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Multiple-Unit Residential, 30.0 – 39.9 DU/AC (“RM-E”) and the property is
located within the Multi-Unit Residential (“RM”) Coastal Zone District.
7. A public hearing was held on September 27, 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 prese nted to, and considered by, the Zoning
Administrator at this hearing.
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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 construction and location of limited numbers of new, small facilities
or structures including a duplex or similar multi-family residential structures totaling no
more than four dwelling units in a residential zone. The proposed project consists of the
demolition of demolition of two separate two-unit residential structures (four units total)
and construction of a new three-story, 3,191-square-foot residential duplex, including
two attached garages and two carports in the RM Zoning District.
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 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 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 residential living area and enclosed
garage, is 3,191 square feet, which complies with the maximum allowable floor
area limit of 3,309 square feet.
B. The proposed development will provide the minimum required setbacks, which are
one foot (1’) along the front property line abutting East Bay Avenue, three feet (3’)
along each side property line, and one foot (1’) along the other front property line
abutting Harding Street.
C. The highest guardrail is no more than 28 feet and the highest roof ridge is no more
than 33 feet, measured from the established grade level of 9.00 feet based on the
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North American Vertical Datum of 1988 (“NAVD88”), which complies with the
maximum height limitation.
D. The project includes one enclosed garage parking space and one covered carport
for each unit, in compliance with the minimum parking requirement for two -unit
residential development.
2. The neighborhood is predominantly developed with two -story residential structures.
Newer residences in the zoning district have a rooftop deck and a partial third story. The
design, bulk, and scale of the proposed development is consistent with the anticipated
neighborhood pattern of development.
3. The project site is located approximately 230 feet from the Newport Harbor and is
separated from the water by other developed residential and nonresidential lots, as well as
public rights-of-way. The finished first floor elevation of the proposed residence is 9.00
feet based on the North American Vertical Datum of 1988 (NAVD88), which complies
with the minimum required 9.00-foot (NAVD88) elevation standard. The finished floor
elevation of the garage (not living area) is 8.00 feet (NAVD88)
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 quali ty 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
prohibit 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 not located near designated public viewpoints or coastal view roads and
will not impact public coastal views.
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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, between the nearest 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 legal nonconforming multi-family
residential development located on a RM lot with a new duplex. 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 (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 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 two existing
residential structures 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.
3. Vertical access to the harbor and beach is available east of the site along Adams Street.
Additional vertical access to the harbor is provided west of the site along Cypress Street.
Lateral access is available by way of pedestrian easements along Edgewater Place. The
project does not include any features that would obstruct access along these routes.
Lateral access is also provided adjacent to the beach along East Ocean Front.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2018-038, 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 Resol ution
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
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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 (Appeals to Coastal Commission) of the City’s certified LCP and Title 14
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF SEPTEMBER, 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. 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. CD2018-038 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. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
5. 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.
6. 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 opera ted or maintained
so as to constitute a public nuisance.
7. 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”).
8. 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.
9. 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.
10. 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.
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11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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 a ll sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
17. 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.
18. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (“MBTA”).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of Native Birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
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longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
19. Should the property be sold or otherwise come under differe nt ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
20. 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 BDL Equities Duplex including, but not limited to, Coastal Development Permit
No. CD2018-038 (PA2018-087). 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.