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HomeMy WebLinkAboutZA2018-130 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH EXISTING STRUCTURES ON-SITE, REDEVELOPMENT OF THE TENNIS CLUB SITE, AND ASSOCIATED SUBDIVISIONS - 1602 EAST COAST HIGHWAY05-01-2018 RESOLUTION NO. ZA2018-130 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-039 TO ALLOW DEMOLITION OF EXISTING STRUCTURES ON-SITE, REDEVELOPMENT OF THE TENNIS CLUB SITE, AND ASSOCIATED SUBDIVISIONS LOCATED AT 1602 E. COAST HIGHWAY (PA2017-091) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Golf Realty Fund, with respect to property located at 1602 E. Coast Highway, legally described as Parcels 1 and 2 of Parcel Map 94-102, requesting approval of a coastal development permit. 2. The lot at 1602 E. Coast Highway is legally described as Parcels 1 and 2 of Parcel Map 94-102. 3. The applicant proposes a Coastal Development Permit (CDP) for the following: a. Redevelopment of the Tennis Club Site including the demolition of an existing 3,725 square feet tennis clubhouse, a 125-space surface parking lot, and 18 out of 24 tennis courts; b. Construction of a new 3,725 square foot tennis clubhouse with 38 parking spaces, a stadium-style tennis court, five single-family residential units (from 2,200 to 6,385 square feet in size) with a minimum of two enclosed parking spaces for each unit, 27 hotel units (from 570 to 2,426 square feet in size) with 50 parking spaces, a 2,200- square-foot concierge and guest center, a 7,490 square foot spa/fitness center, and a swimming pool; and c. Subdivisions consisting of Vesting Tentative Tract Map No. NT2005-003 (TTM15347), subdividing the combined parcels into 11 lots for the proposed development, and Tentative Parcel Map No. NP2016-013 (PA2016-124) for the consolidation of the 11 lots (Lots 1 through 7 and Lots A through D) into four parcels for conveyance purposes. 4. The subject property is designated MU-H3/PR (Mixed-Use Horizontal/Parks and Recreation) by the General Plan Land Use Element and is located within the PC-47 (Newport Beach Country Club) Zoning District. 5. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is MU-H/PR (Mixed-Use Horizontal/Parks and Recreation) and it is located within the PC-47 (Newport Beach Country Club Planned Community) Coastal zoning district. 6. A public hearing was held on November 20, 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. Zoning Administrator Resolution No. ZA2018-130 Page 2 of 7 05-01-2018 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. All significant environmental concerns for the proposed project have been addressed in the adopted Mitigated Negative Declaration No. ND2010-008 (PA2005-140), State Clearinghouse No. 20100091052, per City Council Resolution No. 2012-9 (MND). Since the adoption of the MND in 2012, no substantial changes have occurred with respect to the circumstances under which the MND was adopted and no substantial changes to the environmental setting of the project or the project itself have occurred. No new information of substantial importance has become available with regard to environmental effects since no new information relating to significant effects or mitigation measures have become available. Thus, the project does not require additional environmental review pursuant to California Environmental Quality Act (CEQA). Copies of the previously prepared environmental document are available for public review and inspection at the Planning Division or at the City of Newport Beach website at www.newportbeachca.gov/ceqadocuments. 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 Coastal Land Use Plan designates the Tennis Club site as Mixed -Use Horizontal/Parks and Recreation (MU-H/PR). Policy 2.1.8-1 of the Coastal Land Use Plan allows the horizontal intermixing of short-term rental bungalows and single-family homes with the expanded tennis club facilities on this site (formerly known/referenced as the Balboa Bay Tennis Club). Permitted uses include those permitted by the MU -H and PR land use designations. A complete consistency analysis of each of the applicable Coastal Land Use Plan policies is included in Table 11 of the Land Use and Planning Section of the previously adopted Mitigated Negative Declaration (MND), pages 82 through 87. In summary, the proposed project is consistent with the Coastal Land Use Plan. 2. The MU-H/PR coastal land use designation identifies a maximum density/intensity limit of 1.5 floor area ratio (FAR), with a minimum FAR of 0.25 and a maximum FAR of 0.5 for retail uses and a maximum of 1.0 for residential. The project proposes 37,990 square feet of nonresidential floor area (0.26 FAR) for the bungalow hotel units, concierge & guest center, and spa, and five residential dwelling units totaling 19,367 square feet (0.13 FAR). The proposed density/intensity of the hotel and single-family units comply with the FAR limitations identified in the Coastal Land Use Plan. Zoning Administrator Resolution No. ZA2018-130 Page 3 of 7 05-01-2018 3. The PR category applies to land used or proposed for active public or private recreational use. Permitted uses include parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. The PR designation on this site is applicable to the existing and proposed private tennis club and tennis courts. The density/intensity limitations include incidental buildings, such as maintenance equipment sheds, supply storage, and restrooms, not included in determining intensity limits. The proposed tennis club and ancillary uses are consistent with this land use designation. 4. The property is part of the 145-acre PC-47 (Newport Beach Country Club Planned Community) Coastal zoning district, which has been adopted to regulate development within the subject property and the Golf Club Site, and is in conformance with the Coastal Land Use Plan designation pursuant to Section 21.26.055 (S)(2) of the Local Coastal Program. 5. The proposed project and minor accessory structures as identified on the project plans conform to all applicable development standards in the Planned Community text. 6. The property is not located in an area known for the potential of seismic activity or 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 a building permit. 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. 7. Elevations on the project site range from 104 feet up to 120 feet North American Vertical Datum of 1988 (NAVD88) above mean sea level. These site elevations are well above projected sea level rise in Newport Bay for the next 75 years and the site is not subjected to other coastal hazards. 8. The proposed project is required to develop and implement a Stormwater Pollution Prevention Plan (SWPPP) since the proposed project involves clearing, grading, and ground disturbance of more than one acre. Pursuant to Section 21.35.030 (Construction Pollution Prevention Plan) of the Municipal Code, when a SWPPP is required, a Construction Pollution Prevention Plan (CPPP) is required to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived from construction chemicals and materials. A CPPP has been prepared and will be reviewed by the City’s Engineer Geologist prior to issuance of grading/building permits for site grading. Construction plans and activities will be required to adhere to the approved CPPP/SWPPP. 9. A Water Quality and Hydrology Plan (WQHP) is required Pursuant to Section 21.35.050 (Water Quality and Hydrology Plan) of the Newport Beach Municipal Code since the project is considered a development of water quality concern and includes the development of five dwelling units, more than 10,000 square feet of impervious surface area, and a parking area in excess of 5,000 square feet. The WQHP/WQMP will be reviewed and approved by the City’s Engineer Geologist prior to the issuance of building permits for site grading. The WQHP/WQMP includes a polluted runoff and hydrologic site characterization, a Zoning Administrator Resolution No. ZA2018-130 Page 4 of 7 05-01-2018 description of site design BMP’s, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be reviewed for compliance with the approved WQHP/WQMP prior to building permit issuance. 10. An Analysis of the Fiscal and Economic Impacts was prepared on November 8, 2018, by CBRE Hotels to analyze the construction of new visitor accomodations in the coastal zone in accordance with the requirements of Section 21.48.025 (Visitor Accomodations) of the Local Coastal Program. The report provides a feasibility analysis stating that the anticipated average daily room rate for all 27 rooms is approximately $900 and the statewide average daily room rate is $161.80. Therefore, the proposed accomodations are not considered lower cost accomodations. The report considers the specific location of the property as an inappropriate location for low cost accomodations. The site does not currently provide accomodations of any kind and implementation of the project would not impact low cost accomodations. The report further includes an impact analysis and concludes while the project does not include any lower cost rooms, and the Local Coastal Program defines it as an impact, there is no impact on the provision of lower- cost visitor accomodations in the Coastal Zone. Because there is no nexus to an impact, no mitigation is required. 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 not located between the nearest public road and the sea or shoreline. The project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. Vertical access to Newport Bay is available via existing public access at 1601 Bayside Drive, which is located approximately 1,600 feet southwest of the subject property. 2. Coastal Land Use Plan, Policy 4.4.1-6 and Figure 4-3 (Coastal Views) identify the closest public view road as Newport Center Drive, located approximately 170 feet eas t of the project site and the closest public view point as Irvine Terrace Park, located 525 feet south of the project site. Coastal views from these view corridors and viewpoints are directed toward the Newport Bay and the Pacific Ocean. Since the proposed project is located to the north of Irvine Terrace Park, the proposed project will not affect coastal views due to its orientation. From Newport Center Drive, there is a 0 to 40-foot grade difference to the project area below. The maximum height allowed un der the Planned Community Development Plan is 39 feet for the five single -family villas and 30 feet for the Tennis Club, and 31 feet for the 27 bungalows. Therefore, the majority of the project would sit below the existing grade elevations along Newport Center Drive, minimizing the visibility of the project site and would not obstruct public coastal views. During construction, construction equipment would be obscured by vegetation and the grade differential so it would not obstruct coastal views from motorists traveling along Newport Center Drive. The project will not impact coastal views. Zoning Administrator Resolution No. ZA2018-130 Page 5 of 7 05-01-2018 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-039, 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. The project site is not located within the appeal area of the coastal zone; therefore, final action by the City may not be appealed to the California Coastal Commission. PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF NOVEMBER, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-130 Page 6 of 7 05-01-2018 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. The applicant shall comply with all project design features, mitigation measures, and standard conditions contained within the approved mitigation monitoring reporting program (MMRP) of MND SCH No. 20100091052 for the project. 3. The applicant shall comply with all project design features and conditions of approval contained within City Council Resolution No. 2012-10. 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. 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). 6. 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. 7. 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. Stockpiles and construction materials shall be covered, enclosed on all sides, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 8. 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. 9. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 10. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 11. 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. 12. 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 Zoning Administrator Resolution No. ZA2018-130 Page 7 of 7 05-01-2018 to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 13. 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. 14. Prior to issuance of a building permit, the approved CPPP and WQHP/WQMP shall be submitted with the Building Permit plans. Implementation shall be in complianc e with the approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 15. 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. 16. 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. 17. 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. 18. This Coastal Development Permit No. CD2017-039 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. 19. 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 Newport Beach Country Club-Tennis Club Site including, but not limited to, Coastal Development Permit No. CD2017-039 (PA2017-091). 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.