HomeMy WebLinkAboutZA2019-075 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-042 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE LOCATED AT 5311 SEASHORE DRIVE RESOLUTION NO. ZA2019-075
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
NEWPORT BEACH APPROVING COASTAL DEVELOPMENT
PERMIT NO. CD2019-042 TO DEMOLISH AN EXISTING SINGLE-
FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY
RESIDENCE LOCATED AT 5311 SEASHORE DRIVE (PA2019-153)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Eric Olsen Design, with respect to property located at 5311
Seashore Drive and legally described as Lot 6 of Block 53 of Tract 523, requesting approval
of a coastal development permit.
2. The applicant proposes to demolish an existing single-family residence and construct a new
1,952-square-foot, single-family residence with an attached 503-square-foot, two-car
garage.
3. The subject property is located within the R-1 (Single-Unit Residential) Zoning District and
the General Plan Land Use Element category is RS-D (Single-Unit Residential Detached).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan category
is RSD-D (Single Unit Residential Detached) (20.0 - 29.9 DU/AC) and the Coastal Zoning
District is R-1 (Single-Unit Residential).
5. A public hearing was held on November 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 from the California Environmental Quality Act ("CEQA")
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) 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 3 includes the construction of a single-family residence in a residential zone. The
proposed project includes the demolition of an existing single-family residence and
construction of a new 1,952-square-foot, single-family residence with an attached 503-
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.
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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 proposed structure conforms to all applicable development standards including, but
not limited to, floor area limitation, setbacks, height, and parking:
a. The maximum floor area limitation is 2,734 square feet and the proposed gross
floor area is 2,455 square feet.
b. The proposed development will provide the required setbacks, which are five feet
along the front property line abutting the beach, three feet along the side property
lines, and zero feet along the rear property line abutting the alley.
C. The highest guardrail or flat roof is no more than 24 feet, measured from
established grade at every point as required by Zoning Code Section
20.30.050(B)(3) and the highest ridge is no more than 29 feet from established
grade, which complies with the maximum height limitation.
d. The project includes enclosed garage parking for two vehicles, which complies
with the minimum two-space parking requirement for single-family residences with
less than 4,000 square feet of livable floor area.
2. The proposed design, bulk, and scale of the development is consistent with the existing
neighborhood's pattern of development and expected future development consistent with
applicable development standards as the neighborhood is developed with two-and three-
story, single-family residences and duplexes.
3. The finish floor elevation of the first floor of the proposed living area is 11.50 feet based on
the North American Vertical Datum of 1988 (NAVD 88), which exceeds the minimum 9.0
feet (NAVD 88)elevation standard for new structures and exceeds the projected "likely"sea
level rise scenario of 10.9 feet (NAVD 88) projected for the year 2100, exceeding the 75
year assumed life of the structure. A Coastal Hazards and Wave Runup Study was prepared
for the project by GeoSoils, Inc., dated June 18, 2019, indicates a likely sea level rise
projection of between 1.3 feet and 3.2 feet for the year 2100, resulting in a future water
elevation of between 9.0 feet and 10.9 feet (NAVD). The proposed finished floor elevation
exceeds this projected range and is therefore protected from sea level rise under the "likely'
scenario for the next 75 years.
4. The Coastal Hazards and Wave Runup Study also discusses shoreline erosion and
concludes that the long-term erosion rate is small if any long-term erosion occurs at all, and
it is unlikely that that the mean high tide line will reach within 300 feet of the property over
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the life of the structure. If a very conservative future retreat rate of 2.0 feet per year is used,
it would account for about 150 feet of retreat over the life of the structure. This conservative
retreat rate would not reduce the beach to less than 225 feet in nominal width, and a beach
width of 200 feet is recognized by coastal engineers as sufficiently wide enough to protect
landward development. Furthermore, the study also concludes that coastal hazards,
including wave runup and overtopping, will not impact the property over the next 75 years
and there is no anticipated need for a shoreline protection device over the life of the
proposed development.
5. Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv), the
property owner wil I 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 final building inspection, and prior
to the issuance of building permits, respectively.
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 the CBC prior to building permit issuance.
7. The property is located more than 350 feet from coastal waters. A Construction Erosion
Control Plan (CECP) 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.
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 project site is not located adjacent to a coastal view road, public access way, or coastal
viewpoint as identified in the Coastal Land Use Plan. 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 single-family residence that complies with all
applicable Local Coastal Program (LCP) development standards. It will also maintain a
building envelope consistent with the existing and anticipated neighborhood pattern of
development. The site is located adjacent to the end of 54th Street, which provides
opportunities to view the beach and ocean. Proposed landscape is limited to low-growing
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shrubs along the side property line adjacent to the street, with a maximum mature height
of approximately three feet.
Finding:
B. Conforms to 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 proposed 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 includes the replacement of an
existing single-family residence with a new single-family residence. 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 located adjacent to a public beach with an average width of more than 350
feet, is designed and sited so as not block or impede existing public access opportunities,
and occurs within the confines of private property. Existing coastal access conditions will not
be affected by the project. Coastal access is currently provided and will continue to be
provided by street ends throughout the neighborhood with access to the beach and water,
including the 54th Street end, which is located adjacent to the site. The existing development
is provided vehicular access from the side of the lot on 54th Street. The proposed design
relocates the existing driveway approach from 54th Street to Seashore Drive, resulting in the
potential addition of one on-street public parking space.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) 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. CD2019-042, 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
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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 NOVEMBER, 2019.
James Campbell, 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. Revisions to the approved plans may require an amendment to this Coastal Development
Permit or the processing of a new coastal development permit.
3. Coastal Development Permit No. CD2019-042 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.
4. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
5. 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.
6. Prior to the issuance of a building permit, the property owner shall sign 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,
judgements, 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.
7. 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 public
property.
8. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way
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9. This Coastal Development Permit does not authorize any development seaward of the
private property.
10. Any new development within the existing 14.5-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.
11. 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 sifting 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.
12. 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 Erosion Control Plan.
13. 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.
14. 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.
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.
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16. Revisions to the approved plans may require an amendment to this Coastal Development
Permit or the processing of a new coastal development permit.
17. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
18. 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.
19. 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.
20. Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
21. Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building Division.
22. 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.
23. 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.
24. Prior to the issuance of building permits, 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.
25. 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.
26. 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.
27. Should the property be sold or otherwise come under different ownership, any future
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owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
28. This Coastal Development Permit No CD2019-042 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.
29. 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 the Harris Residence including, but not limited to Coastal Development
Permit No. CD2019-042 (PA2019-153). 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.