HomeMy WebLinkAboutZA2019-016 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-115 TO DEMOLISH AN EXISTING DUPLEX AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 2-CAR GARAGE LOCATED AT 3805 and 3805 ½ SEASHORE DRIVERESOLUTION NO. ZA2019-016
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2018-115 TO DEMOLISH AN
EXISTING DUPLEX AND CONSTRUCT A NEW SINGLE-FAMILY
RESIDENCE AND ATTACHED 2 -CAR GARAGE LOCATED AT
3805 and 3805'/ SEASHORE DRIVE (PA2018-271)
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 3805
Seashore Drive LLC ("Owner"), with respect to property located at 3805 Seashore Drive,
requesting approval of a coastal development permit.
2. The lot at 3805 Seashore Drive is legally described as Lot 3, Block 38, 3RD Addition
Newport Beach Tract.
3. The applicant proposes a coastal development permit to demolish an existing duplex and
the construction of a new three-story, 2,409 square -foot, single-family residence and an
attached 367 -square -foot, two -car garage. The development also includes an allowed 10 -
foot patio encroachment pursuant to Title 21.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).
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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 2,776 square -foot, single-family residence
and attached two -car garage.
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 2,776 square feet and the total proposed floor
area is 2,776 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 (12.24 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
more than 4,000 square feet 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.
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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
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 12.33 feet NAVD88, which exceeds the
minimum 9.0 -foot (NAVD88) elevation standard for new structures and is approximately
1.4 feet above the 10.9 -foot future sea level rise projection. Furthermore, the site is greater
than 375 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 225 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 permitted encroachment area 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.
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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. 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 public beach is directly in front of the subject property, 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:
1. 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.
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2. 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. Vertical access to the beach is available
approximately 60 feet south of the subject property at 38th Street end and 150 feet north at
39th Street end. Lateral access is provided by Seashore Drive.
3. The 10 -foot encroachment of the patio is allowed pursuant to Title 21 Appendix C
Oceanfront Encroachment Policy Guidelines and is conditioned to require an
encroachment permit from Public Works. The subject lot is one of the only few lots left that
does not have this encroachment and it will not affect public views or access to the public
beach.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2018-115, 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 14TH DAY OF FEBRUARY 2019.
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. 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 (GHPs) 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.
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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.
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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. An encroachment permit shall be obtained from the Public Works Department for the
10 -foot patio encroachment, pursuant to Title 21, Appendix C (Oceanfront
Encroachment Policy Guidelines).
24. Should the Coastal Commission determine that any portion of the patio encroachment
is located within its permit jurisdiction, authorization from the Coastal Commission shall
be required.
25. This Coastal Development Permit No. CD2018-115 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.
26. 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.
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27. 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 3805 Seashore Drive, LLC Residence including, but not
limited to, Coastal Development Permit No. CD2018-115 (PA2018-271). 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 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.
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