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HomeMy WebLinkAboutZA2019-002 - COASTAL DEVELOPMENT PERMIT TO CONSTRUCT A COVERED PATIO, OUTDOOR FIREPLACE, POOL AND SPA - 2100 BALBOA BOULEVARDRESOLUTION NO. ZA2019-002 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-096 TO CONSTRUCT A COVERED PATIO, OUTDOOR FIREPLACE, POOL AND SPA, AND LANDSCAPING LOCATED AT 2100 EAST BALBOA BOULEVARD (PA2018-243) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Shawna L. Schaffner, with respect to property located at 2100 East Balboa Boulevard and legally described as Parcel 4 of Resubdivision No. 250 requesting approval of a coastal development permit. 2. The applicant requests a coastal development permit to construct a covered patio, outdoor fireplace, pool and spa, and landscaping. Coastal Development Permit No. CD2018-018 was previously issued by the Zoning Administrator on March 29, 2018, authorizing the demolition of a single-family residence. 3. The subject property is located within the Single -Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single -Unit Residential — 6.0 — 9.9 DU/AC (RSD -B) and the Coastal Zoning District is Single -Unit Residential (R-1). 5. A public hearing was held on January 24, 2019 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 meeting 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 meeting. 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 New Construction or Conversion of Small Structures). 2. Class 3 includes the construction of accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The proposed project includes the construction of a swimming pool, covered patio, and outdoor fireplace located in the R-1 Coastal Zoning District. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (Coastal Development Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Zoning Administrator Resolution No. ZA2019-002 Paqe 2 of 6 Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: The subject property is currently developed with an existing 600 -square -foot garage on an existing lot designated for residential development by the Local Coastal Program. Coastal Development Permit No. CD2018-018 was previously issued by the Zoning Administrator on March 29, 2018, authorizing the demolition of a single-family residence. 2. The property owner currently owns the adjacent property and single-family dwelling located at 2021 East Bay Avenue. The property owner intends to utilize both the subject property, including pool, patio, and landscape improvements, and the 2021 East Bay Avenue property as a single site until a future single-family dwelling is constructed on the subject site (2100 East Balboa Boulevard). No improvements are proposed to cross the underlying legal property line between the two lots. 3. The proposed accessory structures conform to all applicable development standards, including setbacks and height. The covered patio and pool equipment enclosure exceed the minimum required setbacks, which are 20 feet from the front property line abutting the Newport Bay, 4 feet along each side property line, and 0 feet along East Balboa Boulevard. The height of the covered patio is approximately 13 feet 7 inches and the outdoor fireplace is approximately 17 feet 4 inches, significantly below the 24 -foot maximum height limit. 4. Per Section 21.30.085 of the Local Coastal Program, landscaping has been conditioned to have low water demand and be drought tolerant. The planting of invasive species shall be prohibited. Subsequent construction of a replacement dwelling will require a separate coastal development permit at a later date. 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 and Building Division standards and policies. 6. The development fronts the Newport Bay and is a private bay front parcel. The project site is protected by an existing bulkhead and no changes are proposed. 7. The property is located within 100 feet of coastal waters. The project design addresses water quality with a construction erosion control plan 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. 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. 01-03-17 Zoning Administrator Resolution No. ZA2019-002 Paqe 3 of 6 Facts in Support of Finding: The project site is located on the Balboa Peninsula between the nearest public road and the sea. 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 results in the construction of accessory improvements to an adjacent single-family dwelling under single control and ownership. A future single-family dwelling will be constructed under a separate coastal development permit. 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 site is sited so as not to block or impede existing public access opportunities. Vertical access to the bay front is available approximately 520 feet west of the subject property on K Street. 2. The project site is not 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 is for the construction of a covered porch, outdoor fireplace, pool and spa, and landscaping. The future development of the site with a replacement dwelling will be required to comply with all applicable LCP development standards. 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. 69X471 to] ►EM111= 4M]001 NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2018-096, 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 Planning and Zoning of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF JANUARY, 2019. Patrick J. Alford, Zoning Administrator 01-03-17 Zoning Administrator Resolution No. ZA2019-002 Paqe 4 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL 1. Landscaping of the site shall conform to the requirements of Section 21.30.075 (Landscaping) and Section 21.30.085 (Water Efficient Landscaping) of the Local Coastal Program Implementation Plan. Plant materials shall be selected for low water -demand and drought tolerance, and the planting of invasive species shall be prohibited. 2. All landscape materials and irrigations systems shall be maintained in accordance with the approved erosion control plan. All landscaped areas shall be maintained in a healthy and growing conditions 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. 3. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours of noise -generating construction activities to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 4. The development shall be in substantial conformance with the approved construction plans stamped and dated with the date of this approval, (except as modified by applicable conditions of approval). 5. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 6. Coastal Development Permit No. CD2018-096 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. 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. 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. 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. 01-03-17 Zoning Administrator Resolution No. ZA2019-002 Paqe 5 of 6 11. 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 either the current business owner, property owner or the leasing agent. 12. 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. 13. Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Pollution Prevention Plan (CPPP). 14. 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. 15. 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. 16. 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. 17. All conditions from Coastal Development Permit CD2018-018 shall remain in effect with the approval of this Coastal Development Permit. 18. 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 01-03-17 Zoning Administrator Resolution No. ZA2019-002 Paqe 6 of 6 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 Bay House Landscape Improvements including, but not limited to, Coastal Development Permit No. CD2018-096 (PA2018-243). 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. 01-03-17