HomeMy WebLinkAboutZA2018-142 - COASTAL DEVELOPMENT PERMIT CONSTRUCT SINGLE FAMILY RESIDENCE 1610 SOUTH BAY FRONTRESOLUTION NO. ZA2018-142
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2018-080 TO CONSTRUCT A
NEW TWO-STORY, SINGLE-FAMILY RESIDENCE AND
ATTACHED THREE -CAR GARAGE AT 1610 SOUTH BAY FRONT
(PA2018-218)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Ritner Group, Inc. ("Applicant'), on behalf of Barbara Grimm
("Owner"), with respect to property located at 1610 South Bay Front, requesting approval
of a coastal development permit.
2. The property is legally described as Parcel 2 of Lot Line Adjustment No. LA2018-001.
3. The applicant proposed the construction of a two-story, 1,685 -square -foot, single-family
residence with an attached 796 -square -foot, three -car garage. The project includes
landscape, hardscape, accessory structures and subsurface drainage facilities. The site
is protected by an existing public bulkhead. The design complies with all applicable
development standards and no deviations are requested.
4. The subject property is designated RT (Two -Unit Residential) by the General Plan Land
Use Element and is located within the R -BI (Balboa Island) Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT -E (Two -Unit Residential - 30.0 - 39.9 DU/AC) and the property is located
within the R -BI (Balboa Island) 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.
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 construction of a new two-story, 1,685 -square -foot, single-family
residence with an attached 796 -square -foot, three -car garage in the R -BI Zoning District.
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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 5,240 square feet and the proposed gross
floor area is 2,481 square feet.
b. The proposed development will exceed the minimum required setbacks, which are
zero (0) feet along the front property line abutting the public boardwalk, four (4) feet
along each side property line, and five (5) feet along the rear property line abutting
the alley.
C. The highest guardrail is no more than 24 feet, measured from the established grade
level of 9 feet North American Vertical Datum of 1988(NAVD88) and the highest
ridge is no more than 29 feet from established grade, which comply with the
maximum height limitation.
The project includes enclosed garage parking for three 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 -unit residences. The proposed design, bulk, and scale of the development will
be consistent with the existing neighborhood pattern of development and expected
future development.
3. The development fronts the Newport Bay, but is separated from the shoreline by a public
sidewalk and bulkhead. The public bulkhead is at a height of 7.75 feet (NAVD88). The
finished floor elevation of the interior living area of the proposed residence is 9 feet
(NAVD88), which complies with the minimum required 9 -foot (NAVD88) elevation
standard.
4. The property owner will 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). This requirement is included as a
condition of approval that will need to be satisfied prior to the issuance of building permits
for construction.
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5. A project -specific Coastal Hazards Analysis Report was prepared by William Simpson
and Associates, Inc., dated November 5, 2015. 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. 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.
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 runoff on-site. Any water not retained
on-site is directed to the City's storm drain system.
8. 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.
9. Public coastal views from the public sidewalk and beach located between the project site
and the bay will not be negatively affected by the proposed development.
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.
Facts in Support of Finding:
1. The project site is located on Balboa Island 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 residential development
demolished in 2012 neither provided nor inhibited 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
a previously existing single-family residence with a new single-family residence. Therefore,
the project does not involve a change in allowed 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.
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2. The residential lot does not currently provide nor does it inhibit public coastal access. The
proposed scope of work involves the replacement of a single-family residence, demolished
in 2012, with a new single-family residence. Development will occur within the confines of
private property, and existing coastal access conditions will not be affected. Lateral coastal
access is provided by the bay front public sidewalk and public beach, located between the
project site and the bay. Vertical access to the public bay front area is provided at various
street -ends throughout Balboa Island, with the nearest vertical access point at the Crystal
Avenue street -end adjacent to the project site.
3. Public coastal views from the bay front public sidewalk and beach located between the
project site and the bay will not be affected by the proposed development. 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 a previously existing single-family
residence 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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2018-080, 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
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. CD2018-080 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.
4. Priorto the issuance of a building permit, Lot Line Adjustment No. LA2018-001 (PA2018-
026) shall be recorded.
5. 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.
6. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
7. 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.
8. 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.
9. 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.
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10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
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19. 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.
20. 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.
21. 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.
22. 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 Grimm Residence including, but not limited to, Coastal Development Permit
No. CD2018-080 (PA2018-218). 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.