HomeMy WebLinkAboutZA2019-056 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-111 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND INSTALL LANDSCAPING LOCATED AT 944 VIA LIDO NORDRESOLUTION NO. ZA2019-056
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2018-111 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND INSTALL
LANDSCAPING LOCATED AT 944 VIA LIDO NORD (PA2018-279)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by W.T. Durant, Inc., with respect to property located at 944 Via
Lido Nord, and legally described as Lot 324 of Track 907, requesting approval of a coastal
development permit.
2. The applicant proposes the demolition of an existing 4,939-square-foot single-family
residence and the improvement of a private lawn area for the same property owner located
at 940 Via Lido Nord. The new improvements consist of the installation of approximately
4,027 square feet of new, open, landscaped and hardscaped areas which will be used by
the owner for personal recreation and enjoyment. The existing property line walls, the
existing cantilevered patio, the existing dock, and the existing bulkhead will not be
demolished and will be left in their current locations.
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 Detached — (10.0-19.9 DU/AC) (RSD-C) and the
Coastal Zoning District is Single -Unit Residential (R-1).
5. A public hearing was held on August 15, 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 from the California Environmental Quality Act
("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment.
2. Class 1 includes the demolition and removal of small structures including one single-
family dwelling. The proposed project includes the demolition of an existing single-family
dwelling located in the R-1 Coastal Zoning District.
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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:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The subject property is currently developed with a single-family dwelling on an existing lot
designated for residential development by the Local Coastal Program. The project
applicant requests to demolish the existing single-family dwelling. After the demolition of
the existing dwelling, the site will be landscaped for private enjoyment. 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. Any subsequent construction will require a separate coastal development
permit at a later date.
2. 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.
3. A Construction Pollution Prevention 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.
4. The property is located within 100 feet of coastal waters. As conditioned, the project design
will address water quality through the preparation of a final 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 shall be 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.
Facts in Support of Finding:
1. The project site is located on Lido Isle 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. Implementation Plan Section
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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 demolishes an
existing single-family dwelling and installs open landscape. The project includes the
demolition of the existing single-family dwelling and the improvement of a private lawn.
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 residential lot does not currently provide nor does it inhibit public coastal access.
Development will occur within the confines of private property and existing coastal
access conditions will not be affected. Coastal access is currently provided and will
continue to be provided by small public beach areas on Lido Isle with access from the
water.
3. The project site is not located adjacent to a coastal view road nor is it located near any
public viewpoint 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 will replace an existing single-family residence with a new, open,
landscaped area. 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:
The Zoning Administrator of the City of Newport Beach hereby finds this Project exempt
from the California Environmental Quality Act pursuant to Section 15301 under Class 1
(Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3, because it has no potential to have a significant effect on the
environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2018-111 subject to the conditions set forth in Exhibit "A,"
which is attached hereto and incorporated by reference.
3. 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.
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PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF AUGUST, 2019.
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
The development shall be in substantial conformance with the approved site plan and
landscape plans stamped and dated with the date of this approval (except as modified by
applicable conditions of approval).
2. The demolition of the existing single-family dwelling shall be in substantial conformance
with the approved demolition plan stamped and dated with the date of this approval (except
as modified by applicable conditions of approval).
3. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
4. Coastal Development Permit No. CD2018-111 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.
5. 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.
6. Landscaping of the site shall conform to Section 14.17 (Water Efficient Landscape
Ordinance) of the Newport Beach Municipal Code.
7. 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.
8. Construction activities shall comply with Newport Beach Municipal Code (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. Noise -generating
construction activities are not allowed on Saturdays, Sundays or Holidays.
9. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
10. 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.
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11. 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.
12. Prior to issuance of 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.
13. Prior to issuance of a building permit, the applicant shall submit a final construction erosion
control plan. The plan shall be subject to review and approval by the Building Division.
14. Prior to issuance of a building permit, the applicant shall submit to the Planning Division
an additional copy of the approved landscape 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.
15. 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.
16. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
17. 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.
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18. 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).
19. 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.
20. 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.
21. 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.
22. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
23. 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 944 Via Lido Nord House Demolition, but not limited to, Coastal Development
Permit No. CD2018-111 (PA2018-279). 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.
PUBLIC WORKS
24. Existing driveway approach shall be abandoned, and a new curb and gutter shall be
installed to match existing curb and gutter.
25. The existing sewer cleanout box shall be removed and covered, and the existing sewer
lateral shall be capped at the property line.
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