HomeMy WebLinkAboutZA2018-124 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW TWO-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED 2-CAR GARAGE - 400 VIA LIDO NORD05-15-2018
RESOLUTION NO. ZA2018-124
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2018-072 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW TWO-STORY SINGLE-FAMILY RESIDENCE AND
ATTACHED 2-CAR GARAGE LOCATED AT 400 VIA LIDO NORD
(PA2018-167)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Mark Teale, with respect to property located at 400 Via Lido
Nord, requesting approval of a coastal development permit.
2. The lot at 400 Via Lido Nord is legally described as Lot 474 of Tract No. 907 in the City
of Newport Beach, Orange County, California.
3. The applicant proposes to demolish an existing single-family residence and construct a
4,562–square-foot, two-story, single-family residence with attached 2–car garage. The
design includes hardscape, walls, landscaping, and drainage facilities. The project
complies with all development standards and no deviations are requested.
4. The subject property is designated RM (Multiple-Unit Residential) by the General Plan
Land Use Element and is located within the RM (Multi-Unit Residential) Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RM-E (Multiple Unit Residential – 30.0 – 39.9 DU/AC) and it is located within
the RM (Multi-Unit Residential) Coastal Zone District.
6. A public hearing was held on November 15, 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.
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
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demolition of one single-family residence and the construction of a new 3,985-square-
foot, single-family residence and attached 577-square-foot 2-car garage.
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 5,117 square feet and the proposed floor area
is 4,562 square feet.
b. The proposed development provides the minimum required setbacks, which are
zero feet along the front property line abutting the bay, 4 feet along the other front
property line abutting Via Lido Nord, and 3 feet along each side property line.
c. The highest guardrail is less than 28 feet from established grade (11.8 feet
NAVD88) and the highest ridge is no more than 33 feet from established grade,
which comply with the maximum height requirements.
d. The project includes garage parking for a total of two vehicles, complying with the
minimum two-car garage parking requirement for single-family residences with less
than 4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with two -story, single-family residences
with scattered duplexes and multi-unit structures. The proposed design, bulk, and scale
of the development is consistent with the existing neighborhood pattern of development.
3. The project site is located adjacent to a small pedestrian walkway along the beach, and
does not contain a bulkhead or protective device. A Coastal Hazards Report and Sea
Level Rise Analysis was prepared by Burke Structural Engineers, PC dated July 13,
2018 for the project. The report concludes that the proposed project is reasonably safe
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from shoreline erosion due to lack of wave s or wakes that can erode sand from the
beach. The site does not require a bulkhead to protect the site and surrounding
development 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). The finished
floor elevation of the first floor of the proposed structure is 11.86 feet based on the North
American Vertical Datum of 1988 (NAVD88), which complies with the minimum 9.0 -foot
(NAVD88) elevation standard for new structures. More recent data from the California
Ocean Protection Council (COPC) has been provided in the State of California Sea-
Level Rise Guidance (2018 Update). The proposed finished floor of the structure at
11.86 feet NAVD88 would still be considered sufficient to protect against probable future
sea level rise.
4. 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
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.
5. 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.
6. The property is located adjacent coastal waters. 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.
7. 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 project by JT Consulting Engineers 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.
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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 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
residence located on a standard RM 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. Furthermore, the
project is designed and sited (appropriate height, setbacks, etc.) so as not to block or
impede existing public access opportunities.
2. Vertical access to the bay is available adjacent to the site at the Via Genoa Street end
park. Lateral access is available on the walkway and small beach in front of the site.
The project does not include any features that would obstruct access along these
routes.
3. The project site is located adjacent to Via Genoa Street end park, which is a designated
public beach and public access location in the Coastal Land Use Plan. Although not a
designated public viewpoint, the park offers public views of the Newport Bay. Site
evaluation revealed that the proposed two-story design is consistent with the existing
neighborhood pattern of development, including the existing residence on the opposite
side of the park and will not affect the existing views afforded from the park and the
sidewalk in front of the subject lot. The project will replace an existing single-family
home with a new single-family home that complies with all applicable development
standards, including setbacks and height.
The RM zone permits construction up to 28 feet for flat elements and 33 feet for
sloping elements, as measured from established grade. The proposed two-story
residence would reach a maximum height of approximately 24 feet, providing a
total height of 4 to 9 feet less than what is allowed by code.
The park is approximately 100 feet in width and improved with public
playground facilities, benches, and landscaping that orients and frames views
toward the bay and not over the subject site. Views across the project site
are currently impacted due to a block wall near the property line adjoining the
subject site as well as a large tree on the subject site. The applicant does not
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have control over the existing block wall as it is off the subject property.
However, if authorized by the City through the plan check process, the
applicant seeks to remove this wall. The proposed onsite walls along the front
(bayside) and side adjoining the park feature low walls with glass on top to
provide enhanced views to the water (from the park). Project implementation
includes removal of the large trees, which would enhance views of the bay
from the park.
The lot has a zero foot setback along the bay. However, the proposed
residential design provides substantial visual relief along the bayside, with an
approximate 12-foot setback on the first floor. The bulk of the residence is
concentrated towards the neighboring residential lot, with open space
provided on the park and street frontages.
4. Thus, the design includes modulation of volume throughout the structure, an
increased front setback beyond what is required by code, and low walls that prevent
the appearance of the site being walled off from the park and streets. Therefore, the
project does not have the potential to degrade the visual quality of the Coastal Zone or
result in significant adverse impacts to existing public views.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2018-072, 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 compli ance 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 15TH DAY OF NOVEMBER, 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 to address the
threat of damage or destruction from waves, erosion, storm conditions, landslides,
seismic activity, bluff retreat, sea level rise, or other natural hazards that may af fect the
property, or development of the property, today or in the future. 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 damage 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. This Coastal Development Permit does not authorize any development seaward of the
private property.
7. The applicant is responsible for compliance with the Migratory Bird Treaty Act. 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
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active. Continue to observe the nest until the chicks have left the nest and activity is no
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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
13. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14. 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.
15. 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.
16. 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.
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17. 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.
18. 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.
19. 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 architectur al 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. This Coastal Development Permit No. CD2018-072 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.
26. 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
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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 Lauer-Levin Residence including, but not limited to, Coastal Development
Permit No. CD2018-072 (PA2018-167). 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.