HomeMy WebLinkAboutZA2018-141 - COASTAL DEVELOPMENT PERMIT DEMO AND CONSTRUCT 1134 EAST BALBOA BOULEVARDRESOLUTION NO. ZA2018-141
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2018-065 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW THREE-STORY, SINGLE-FAMILY RESIDENCE AND
ATTACHED TWO -CAR GARAGE AT 1134 EAST BALBOA
BOULEVARD (PA2018-149)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brandon Architects, Inc. ("Applicant'), on behalf of Stephan and
Vanessa Sloan ("Owner"), with respect to property located at 1134 East Balboa Boulevard,
requesting approval of a coastal development permit.
2. The property is legally described as Lot 18 of the East Side Balboa Tract of Newport
Beach.
3. The applicant proposed the demolition of a single-family dwelling and the construction
of a new, three-story, 2,797 -square -foot single-family residence including an attached
520 -square -foot two -car garage. The proposed development includes landscape,
hardscape, accessory structures, and subsurface drainage facilities all within the
confines of private property. The site is protected by an existing bulkhead that is not
proposed to be modified as a part of this permit. Work includes maintenance and repair of
an existing cantilevered deck. The design 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 - 6.0 - 9.9 DU/AC) and the property is located
within the R-1 (Single -Unit Residential) Coastal Zone District.
6. A public hearing was held on December 13, 2018, in the Corona del Mar Conference
Room (Bay E-1 st 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.
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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 one single-family residence in a residential zone. The proposed
project consists of the demolition of an existing single-family residence and construction
of a new three-story, 2,797 -square -foot, single-family residence and attached 520 -
square -foot, two -car garage in the R-1 Zoning District.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the Newport Beach Municipal Code (NBMC), 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:
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 3,360 square feet and the proposed gross
floor area is 3,317 square feet.
b. The proposed development will provide the minimum required setbacks, which are
six (6) feet for the main building and two (2) feet six (6) inches along the front
property line abutting East Balboa Boulevard, three (3) feet along each side
property line, and zero (0) feet along the abandoned right of way abutting the
waterway.
C. The highest guardrail is no more than 24 feet, measured from the established grade
level of 9.00 feet (NAVD 88) and the highest roof ridge is no more than 29 feet,
measured from the established grade, which complies with the maximum height
limitation.
d. The project includes enclosed garage parking for two vehicles, which complies with
the minimum two -car garage parking requirement.
2. The neighborhood is predominantly developed with two- and three-story, single-family
and two-family residences. The proposed design, bulk, and scale of the development
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will be consistent with the existing neighborhood pattern of development and expected
future development.
3. The existing development includes a private seawall/bulkhead along the waterway. A
Bulkhead Condition Report prepared by PMA Consulting, Inc., dated June 9, 2018,
concludes that the wall is in good condition. There are no repairs or alterations proposed.
It is not anticipated that the wall will need repair or replacement in the next 75 years.
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. A project -specific Coastal Hazards Analysis Report was prepared by PMA Consulting,
Inc., dated June 9, 2018. The bay water elevation (currently maximum 7.20 NAVD88)
may exceed the current 8.45 feet NAVD88 top of bulkhead elevation during high tide or
storm events. The proposed finished floor of the residence is 9.00 feet NAVD88 and a
six-inch waterproofing curb is proposed to be constructed around the perimeter of the
dwelling that would protect against flooding up to an elevation of 9.50 feet NAVD88. The
report concludes that flooding, wave run up and erosion will not significantly impact this
property over the expected life of the proposed development.
6. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), because of the
project site's proximity to coastal waters, a Water Quality and Hydrology Plan (WQHP) was
prepared by Forkert Engineering & Surveying, Inc., dated June 7, 2018. The WQHP
includes a polluted runoff and hydrologic site characterization, a sizing standard for Best
Management Practices (BMPs), and use of a low -impact development approach to retain
the design storm runoff volume on site. Construction plans will be reviewed for compliance
with the approved WQHP prior to building permit issuance.
7. 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.
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.
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9. New landscaping will be verified for compliance with NBMC Section 21.30.075. A condition
of approval is included that requires drought -tolerant, and prohibits invasive, species. Prior
to issuance of the building permits, the final landscape plans will be reviewed to verify
invasive species are not planted.
10. The property is not located near designated public viewpoints or coastal view roads and
will not negatively impact public coastal views.
Findinq:
8. 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.
Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline;
however, the project will not affect the public's ability to gain access to, use, and/or view
the coast and nearby recreational facilities. 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
residence with a new single-family residence in the R-1 zoning district. 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 so as not to block or impede existing public access opportunities.
The cantilevered deck will be repaired and maintained in place.
2. The residential lot does not currently provide nor does it inhibit public coastal access. The
proposed scope of work involves the removal and replacement of an existing single-family
residence with a new single-family residence. Development will occur within the confines
of private property, and existing coastal access conditions will not be affected. Coastal
access is currently provided and will continue to be provided by street ends throughout the
Balboa Peninsula with access to the water, including at the D Street end adjacent to the
site.
3. 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 will replace an existing single-family
home with a new single-family residence that complies with all applicable Local Coastal
Program (LCP) 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.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2018-065, 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
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 13TH DAY OF DECEMBER, 2018.
Patrick J. Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
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. If repair and maintenance of the cantilevered deck involves any work that is not
considered exempt pursuant to Implementation Plan Section 21.52.035D, approval of a
Coastal Development Permit from the Coastal Commission is required prior to permit
issuance.
4. Coastal Development Permit No. CD2018-065 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
5. 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.
6. 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.
7. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
8. 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.
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9. 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.
10. Best Management Practices and Good Housekeeping Practices shall be implemented
prior to and throughout the duration of construction activity as designated in the
Construction Pollution Prevention Plan.
11. Prior to issuance of the building permits, a copy of the Resolution, including conditions
of approval Exhibit "A" shall be incorporated into the Building Division and field sets of
plans.
12. Prior to issuance of building permits, 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.
13. Prior to issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to review and approval by the Building
Division.
14. 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.
15. 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.
16. Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
17. 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.
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18. 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.
19. 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 sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
20. 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.
21. 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.
22. 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 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.
23. 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 Sloan Residence including, but not limited to, Coastal Development Permit No.
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CD2018-065 (PA2018-149). 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/orthe 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.