HomeMy WebLinkAboutZA2019-033 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-103 TO DEMOLISH AN EXISTING RESIDENTIAL DUPLEX AND CONSTRUCT A NEW THREE-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED TWO-CAR GARAGE LOCATED AT 7006 WEST OCEAN FRONTRESOLUTION NO. ZA2019-033
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2018-103 TO DEMOLISH AN
EXISTING RESIDENTIAL DUPLEX AND CONSTRUCT A NEW
THREE-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED
TWO -CAR GARAGE LOCATED AT 7006 WEST OCEAN FRONT
(PA2018-249)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Ritner Group, Inc., on behalf of property owner 2007 Flanagan
Family Trust, with respect to property located at 7006 West Ocean Front, requesting
approval of a coastal development permit.
2. The lot at 7006 West Ocean Front is legally described as Lot 4 in Block J of Seashore
Colony Tract.
3. The applicant proposes a coastal development permit to allow the demolition of an existing
duplex and construction of a new three-story, 2,629 -square -foot, single-family residence
with an attached 450 -square -foot, two -car garage. The project includes landscape,
hardscape, accessory structures, and subsurface drainage facilities all within the
confines of private property. 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-2 (Two -Unit Residential) 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 it is located within the R-
2 (Two -Unit Residential) Coastal Zoning District.
6. A public hearing was held on April 11, 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.
This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 13503, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (Construction or Conversion
of Small Structures), because it has no potential to have a significant effect on the
environment.
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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 a residential duplex and the construction of a new 2,629 -square -foot
single-family residence and attached 450 -square -foot 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(F) (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 Suaaort of Findina:
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 3,120 square feet and the proposed floor area
is 3,079 square feet.
b. The proposed development provides the minimum required setbacks, which are 5
feet along the front property line abutting West Ocean Front, 3 feet along each side
property line and 5 feet along the rear property line abutting the alley.
c. The highest guardrail is less than 24 feet from established grade (13.56 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
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 less
than 4,000 square feet of habitable floor area.
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 is
consistent with the existing neighborhood pattern of development.
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3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by William
Simpson & Associates, Inc, dated March 19, 2019 for the project. The report concludes
that the proposed project is reasonably safe from shoreline erosion due to the lack of
wave or wakes that can erode sand from the beach. The report also concludes that the
project will be reasonably safe from future sea level rise assuming an increase up to
10.6 feet NAVD88 (the likely range for sea level rise over 75 -year design life of the
structure based on low risk aversion estimates for sea level rise provided by the State
of California, Sea Level Rise Guidance: 2018 Update). The finished floor elevation of
the first floor of the proposed structure is 13.78 feet (NAVD88), which complies with the
minimum 9.0 -foot (NAVD88) elevation standard for new structures and exceeds the
minimum requirements for sea level rise (10.6 feet NAVD88).
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. 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.
6. The property is located adjacent to the beach and approximately 420 feet from the ocean.
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 run-off on-site. Any water not retained
on-site is directed to the City's storm drain system.
7. Proposed landscaping complies with NBMC 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.
8. The public beach is directly in front of the subject property, with views oriented towards the
Pacific Ocean. Additional access and views are provided at the street ends of Highland
Street and Grant Street, less than 100 feet from the subject property. Along this area in the
public right-of-way are City planters and walls that were permitted pursuant to the Title 21
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Appendix C (Oceanfront Encroachment Policy Guidelines). This area is maintained by the
City and the planting heights are limited by this policy.
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 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 residential
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.
2. The project is designed and sited so as not to block or impede existing public access
opportunities and development will occur within the confines of private property. 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 beach and water.
3. The project site is not located adjacent to a coastal view road or public viewpoint, as
identified in the Coastal Land Use Plan. The project site is located adjacent to a public
beach. The project site may be located within the viewshed of distant public viewing
areas. However, the project will replace an existing residential duplex 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.
4. The existing 15 -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 to be maintained consistently. The existing patio
does not affect public views or access to the public beach.
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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. CD2018-103, 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 Program 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 11TH DAY OF APRIL, 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. This Coastal Development Permit does not authorize any development seaward of the
private property, including the West Ocean Front Encroachment Area.
3. Existing patio improvements within the West Ocean Front Encroachment Area shall be
maintained consistent with the existing encroachment permit and Title 21, Appendix C
(Oceanfront Encroachment Policy Guidelines). Any new development shall require a
coastal development permit or otherwise be authorized by the California Coastal
Commission, unless the development is exempt from coastal development permit
requirements pursuant to certified LCP Implementation Plan Section 21.52.035 and the
Coastal Act.
4. Any new development within the existing 15 -foot deep encroachment area authorized
by the existing encroachment permit shall require a new encroachment permit issued
by the Public Works Department and a coastal development permit or other
authorization by California Coastal Commission, unless the development is exempt from
coastal development permit requirements pursuant to certified LCP Implementation Plan
Section 21.52.035 and the Coastal Act.
5. An encroachment permit shall be maintained as required from the Public Works
Department for the existing 15 -foot patio encroachment, pursuant to Title 21, Appendix
C (Oceanfront Encroachment Policy Guidelines).
6. If future changes to the patio encroachment are determined by the Coastal Commission
to be located within its permit jurisdiction, authorization from the Coastal Commission
shall be required.
7. Prior to final building permit inspection, 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.
8. 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,
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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. The letter shall be scanned into the plan set prior to building permit issuance.
9. 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. No demolition or construction materials shall be stored on the
boardwalk area or other public property.
10. Prior to the issuance of a building permit, the applicant shall submit a construction
management plan, reviewed and approved by the Public Works Department,
demonstrating the applicant will have sufficient and guaranteed access to the site through
private property and will not impact public access. Said plan shall also indicate areas for
the storage of construction equipment and materials.
11. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
12. This Coastal Development Permit does not authorize any development seaward of the
private property.
13. The applicant is responsible for compliance with the Migratory Bird Treaty Act. 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.
14. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
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15. 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.
16. 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. Stock piles 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.
17. 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.
18. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
19. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
20. 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.
21. 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.
22. 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.
23. 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.
24. Prior to the 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.
25. Prior to the 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 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
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plans shall accurately depict the elements approved by this Coastal Development
Permit.
26. 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.
27. 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.
28. 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.
29. 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.
30. This Coastal Development Permit No. CD2018-103 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.
31. 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 2007 Flanagan Family Trust Residence including, but not limited to, Coastal
Development Permit No. CD2018-103 (PA2018-249). 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.
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