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HomeMy WebLinkAboutZA2019-015 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-116 TO DEMOLISH AN EXISTING DUPLEX AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 2-CAR GARAGE LOCATED AT 3505 SEASHORE DRIVE, UNITS A AND BRESOLUTION NO. ZA2019-015 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-116 TO DEMOLISH AN EXISTING DUPLEX AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 2 -CAR GARAGE LOCATED AT 3505 SEASHORE DRIVE, UNITS A AND B (PA2018-270) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brion Jeannette Architecture ("Applicant'), on behalf of 3505 Seashore Drive LLC ("Owner"), with respect to property located at 3505 Seashore Drive, requesting approval of a coastal development permit. 2. The lot at 3505 Seashore Drive is legally described as Lot 3, Block 35, Newport Beach Tract. 3. The applicant proposes a coastal development permit to demolish an existing duplex and the construction of a new three-story, 2,946 -square -foot, single-family residence and an attached 374 -square -foot, two -car garage. The proposed development includes landscape, hardscape, and subsurface drainage facilities. 4. The subject property is designated RT (Two -Unit Residential Detached) by the General Plan Land Use Element and is located within the R-2 (Two -Unit Residential) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two -Unit Residential Detached — (30.0-39.9 DU/AC) (RT -E) and it is located within the Two -Unit Residential (R-2). 6. A public hearing was held on February 14, 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 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). 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 demolition of an existing duplex and the construction of a new single-family residence and attached two -car garage. 05-15-2018 Zoning Administrator Resolution No. ZA2019-015 Paqe 2 of 9 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 (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: 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 3,320 square feet and the total proposed floor area is 3,320 square feet. b. The proposed development provides the minimum required setbacks, which are zero feet along the front property line abutting Seashore Drive, three feet along each side property line and 5 feet along West Ocean Front. c. The highest guardrail is less than 24 feet from established grade (11.63 feet North American Vertical Datum of 1988) and the highest ridge is no more than 29 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 4,000 square feet or less of habitable floor area. 2. The neighborhood is predominantly developed with two- and three-story, single- and two-family residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 3. The development fronts the public beach known as West Ocean Front and is separated by the Pacific Ocean by a wide sandy beach. The property is currently located within Flood Zone X per the current Flood Insurance Rate Map (FIRM) as published by the Federal Emergency Management Agency (FEMA), indicating the property is not in a special flood hazard area and not subject to special building design measures. However, effective March 21, 2019, a portion of the lot will be located within the FEMA VE Zone 08-15-2018 Zoning Administrator Resolution No. ZA2019-015 Page 3 of 9 designation as illustrated on the preliminary flood insurance rate map (PFIRM). The VE Zone designation, indicates that a portion of the property may be subject to flood hazards associated with high velocity wave action from storms or seismic sources. Although currently not effective, to further evaluate this potential hazard, a Coastal Hazard Report and Wave Runup Study was prepared by GeoSoils, Inc., dated January 25, 2019. The study provides detailed site-specific analysis of the potential coastal hazards with the proposed development, including wave action. The likely range of sea level rise projection for year 2100 (exceeding 75 year life of structure) is projected between 1.3 and 3.2 feet, resulting in a future water elevation of between 9.0 feet and 10.9 feet based on the North American Vertical Datum of 1988 (NAVD88). The finish floor elevation of the proposed dwelling is 12.06 feet NAVD88, which exceeds the minimum 9.0 -foot (NAVD88) elevation standard for new structures and is approximately 1 - foot above the 10.9 -foot future sea level rise projection. Furthermore, the site is greater than 350 feet from the shoreline. Using a conservative analysis of shoreline erosion, the shoreline would retreat 150 feet over the 75 -year life of the development, resulting in a distance of approximately 200 feet between the site and the shoreline. This is recognized as a safe distance to protect the site from extreme events. Applying a more conservative 5.1 -foot sea level rise projection, wave bore would travel approximately 130 feet from the shoreline before it dissipates; therefore, the overtopping of waves over the next 75 years most likely will not reach the subject site, even under extreme conditions. 4. Although, the site is concluded to be safe from coastal hazards over the design life of the development, in the unlikely event the shoreline is eroded back near the site, and wave overtopping reaches the site, a 3 -foot, 6 -inches -high privacy wall along the seaward property line would afford wave flooding from reaching the site. Furthermore, the project incorporates building materials (concrete and other waterproof materials) that are resilient to temporary flooding and can be adapted for additional waterproofing in future if needed. Future adaption could include new waterproof composite materials (plastic/fiberglass) siding to the entire building, or available flood dam systems to exclude water from entering the site. 5. 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. 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. as -is -2018 Zoning Administrator Resolution No. ZA2019-015 Paqe 4 of 9 7. 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 runoff on-site. Any water not retained on-site is directed to the City's storm drain system. 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. 9. The property fronts a public boardwalk and public beach, with views oriented towards the Pacific Ocean. An investigation of the project site and surrounding area did not identify any other public view opportunities. The project will replace an existing duplex with a new single-family home that complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing 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. 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: The project site is located in West Newport 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 replaces an existing duplex 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 so as not to block or impede existing public access opportunities. 2. Vertical access to the public boardwalk and beach is available approximately 50 feet south of the subject property at 35th Street end and 100 feet north at 36th Street end. Lateral access and views of the ocean are available along an existing 6 -foot -wide public sidewalk (Ocean Front Boardwalk) in front of the project site. Additional lateral access is provided by Seashore Drive. 08-15-2018 Zoning Administrator Resolution No. ZA2019-015 Paqe 5 of 9 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2018-116, subject to the conditions set forth in Exhibit 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 14TH DAY OF FEBRUARY 2019. Patrick J. Alford, Zoning Administrator 05-15-2018 Zoning Administrator Resolution No. ZA2019-015 Page 6 of 9 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 certificate of occupancy, 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 affect 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. Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) shall be implemented prior to and throughout the duration of construction activity. 8. 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. as -is -2018 Zoning Administrator Resolution No. ZA2019-015 Paqe 7 of 9 9. 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. 10. 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. 11. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 12. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 13. 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. 14. 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. 15. Prior to the issuance of a building permit, the applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 16. Prior to the issuance of a building permit, the applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 17. 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. 18. 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 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. 19. Prior to the issuance of a building permit, 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. 08-15-2018 Zoning Administrator Resolution No. ZA2019-015 Paqe 8 of 9 20. 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. 21. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 22. 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. 23. This Coastal Development Permit No. CD2018-116 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. 24. 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. 25. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless the 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 related (directly or indirectly) to the City's approval of 3505 Seashore Drive LLC Residence including, but not limited to, Coastal Development Permit No. CD2018-116 (PA2018-270). This 05-15-2018 Zoning Administrator Resolution No. ZA2019-015 Paqe 9 of 9 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 the applicant, the City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of the City's costs, attorneys' fees, and damages, which the 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. as -is -2018