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HomeMy WebLinkAboutZA2018-112 - COASTAL DEVELOPMENT PERMIT TO REMOVE AN EXISTING SINGLE-STORY MANUFACTURED HOME AND INSTALL A NEW ONE-STORY MANUFACTURED HOME AND ATTACHED DECK - 27 SARATOGA02-22-2018 RESOLUTION NO. ZA2018-112 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-084 TO REMOVE AN EXISTING SINGLE-STORY MANUFACTURED HOME AND INSTALL A NEW ONE-STORY MANUFACTURED HOME AND ATTACHED DECK LOCATED AT 27 SARATOGA (PA2018-194) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Lou Spampinato (“Applicant”) on behalf of Bob Hohberg (“Manufactured Home Owner”), with respect to a manufactured home site located at 27 Saratogo, requesting approval of a coastal development permit. 2. The site is located within Bayside Village Mobile Home Park, legally described as Parcel 2 of Resubdivision No. 0995. 3. The Applicant proposes the removal of an existing single-story manufactured home and the installation of a new single-story manufactured home. The development also includes a deck, hardscape and drainage. The development complies with all applicable standards and no deviations are requested. 4. The subject property is designated Multiple-Unit Residential ("RM") by the General Plan Land Use Element and is located within the Bayside Village Mobile Home Park Planned Community ("PC-1") Zoning District. 5. The subject site is located within the coastal zone. The Coastal Land Use Plan category is Multiple-Unit Residential – 10.0 – 19.9 DU/AC (“RM-C”) and it is located within the Bayside Village Mobile Home Park ("PC-1") Coastal Zone District. 6. A public hearing was held on October 25, 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. Zoning Administrator Resolution No. ZA2018-112 Page 2 of 6 12-21-2017 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 removal of one single-family manufactured home and the installation of a new single- family manufactured home. 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 complies with applicable development standards identified by the PC-1 Development Plan and the proposed design is in substantial conformance with the approved site plan. a. The Project is within the confines of the manufactured home site lines. b. The Project has been reviewed and approved by the Mobile Home Park Owner, as evidenced by the Application for Permit to Construct included with the application. c. The Project includes a parking area for one vehicle, complying with the minimum parking requirement per site. 2. The Bayside Village Mobile Home Park is predominantly developed with single- and two-story, mobile/manufactured homes. The proposed design, bulk, and scale of the development is consistent with the existing pattern of development and expected future development consistent with applicable development standards. 3. The Bayside Village Mobile Home Park is comprised of Parcel 1 (South) and Parcel 2 (North) of Parcel Map No. 93-111. The project site is located in the first row of mobile homes along the Newport Bay within the north parcel, approximately 30 feet from the Bay. However, the site is separated from the Newport Bay by the approximately 20-foot-wide marina access walkway that runs the entire water-front perimeter of the mobile home park. The project site is at an approximate elevation between 11 feet and 12 feet based on the North American Vertical Datum of 1988 (NAVD88). The walkway is below the project site elevation at approximately 8 feet NAVD88. 4. The project design addresses water quality with a construction erosion control plan and a post construction drainage system that includes drainage and percolation features Zoning Administrator Resolution No. ZA2018-112 Page 3 of 6 12-21-2017 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. 5. The building codes for construction and installation of a manufactured home are contained within the California Health and Safety Code. The State of California Department of Housing and Community Development (HCD) issues all construction permits. The applicant has provided evidence of approval from the State, as well as the park owner. 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, and 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 single-family manufactured on an existing mobile/manufactured home park with a new single-family manufactured home. 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. 2. Bayside Drive bisects the north and south parcels of the Bayside Village Mobile Home Park and provides access to the Newport Dunes, which houses several coastal recreational opportunities for the public’s use. 3. The mobile/manufactured home park abuts Coast Highway, a public coastal view road. The park is separated from the public right-of-way by an existing site wall that is approximately seven feet tall and provides for limited views across the park. 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 will replace an existing single-family manufactured home with a new single-family manufactured home that complies with all applicable Local Coastal Program development standards and maintains a building envelope consistent with the existing 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: Zoning Administrator Resolution No. ZA2018-112 Page 4 of 6 12-21-2017 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2018-084, 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 appea l 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 Commis sion 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. PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF OCTOBER, 2018. ___________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-112 Page 5 of 6 12-21-2017 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 st orm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. 3. Best Management Practices (BMP’s) and Good Housekeeping Practices (GHP’s) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Pollution Prevention Plan (CPPP). 4. 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. 5. 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. 6. 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 i n adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 7. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 8. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 9. 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. 10. 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. Zoning Administrator Resolution No. ZA2018-112 Page 6 of 6 12-21-2017 11. 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. 12. 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. 13. This Coastal Development Permit No. CD2018-084 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. 14. 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 Hohberg Residence Coastal Development Permit including, but not limited to, Coastal Development Permit No. CD2018-084 (PA2018-194). 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.