HomeMy WebLinkAboutZA2019-081 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-038 TO DEMOLISH AN EXISTING DUPLEX AND CONSTRUCT A NEW THREE-STORY SINGLE-FAMILY RESIDENCE & ATTACHED 2-CAR GARAGE LOCATED AT 417 EDGEWATER PLACE (PA2019-145) RESOLUTION NO. ZA2019-081
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2019-038 TO DEMOLISH AN
EXISTING DUPLEX AND CONSTRUCT A NEW THREE-STORY
SINGLE-FAMILY RESIDENCE AND ATTACHED 2-CAR GARAGE
LOCATED AT 417 EDGEWATER PLACE (PA2019-145)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Bradford C. Smith, with respect to property located at 417
Edgewater Place, requesting approval of a coastal development permit.
2. The lot at 417 Edgewater Place is legally described as Lot 6 of Block 2 of the Balboa
Bayside Tract.
3. The applicant requests a coastal development permit to demolish the existing duplex and
construct a new 2,536 square-foot, three-story, single-family residence with a 373-square-
foot garage. No work is proposed to the adjacent boardwalk or bulkhead. The design
includes hardscape, walls, landscaping, and drainage facilities. The project 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 December 12, 2019, in the Corona del Mar Conference
Room (Bay E-1 st 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), because it has no potential to have a significant effect
on the environment.
2. Class 3 exempts the demolition and construction of up to three single-family residences
and additions of up to 10,000 square feet to existing structures. The proposed project
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consists of the demolition of a duplex and the construction of a new 2,536-square-foot
single-family residence and attached 373-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 (Coastal Development Permits, Findings and Decision)
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 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 3,073 square feet and the proposed floor area
is 2,909 square feet.
b. The proposed development provides the minimum required setbacks, which are
seven feet along the front property line abutting Edgewater Place, three feet along
each side property line and five feet along the rear property line abutting the alley.
c. The highest guardrail is less than 24 feet from established grade (9.5 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 one, 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.
3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils,lnc.
dated July 22, 2019, for the project. The subject site is protected from the bay by a City
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owned bulkhead, which reaches a height of approximately 8.6 feet NAVD88. The
bulkhead that protects the property is part of a larger bulkhead system, which surrounds
sections of the peninsula. No changes to the bulkhead are proposed. The current
maximum bay water elevation is 7.7 feet NAVD88 . The report analyzes future sea level
rise scenarios assuming a 2.9-foot increase in the maximum water level over the next
75 years (i.e. the life of the structure). Therefore, the sea level is estimated to reach
approximately 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). However, the bulkhead
is not privately owned and the property owner does not have the ability to raise the City
owned bulkhead. Therefore, a waterproofing curb is proposed be constructed around
the perimeter of the dwelling that would protect against flooding up to an elevation of
10.6 feet NAVD88. Flood shields (sand bags and other barriers)can be deployed across
the openings to protect and prevent flooding to the structure. The report concludes that
the proposed project will be safe from flooding hazards for the next 75 years with the
flood protection curb. The project has been conditioned to require construction of the
proposed waterproofing curb.
4. The finished floor elevation of the proposed single-family residence is 9.5 feet NAVD88,
which complies with the minimum 9 feet (NAVD88) elevation standard. The Coastal
Hazard Report concludes that the bay water elevation (currently 7.7 feet NAVD88) will
not exceed the proposed flood protection curb around the single-family residence at
10.6 feet (NAVD88) for the anticipated 75-year life of the structure.
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 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 CBC prior to building permit issuance.
7. The property is adjacent to coastal waters. 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
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includes drainage and percolation features designed to retain dry weather and minor rain
event runoff onsite. Any water not retained onsite is directed to the City's storm drain
system.
8. Pursuant to Municipal Code Section 21.35.050, due to the proximity of the development to
the shoreline and the development containing more than 75 percent of impervious surface
area, a Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP has
been prepared for the project by Forkert Engineering &Surveying Inc. The WQHP includes
a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of a
LID approach to retain the design storm runoff volume on site, and documentation of the
expected effectiveness of the proposed BMPs.
9. 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
10. 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 nearest coastal
viewpoint is in Peninsula Park and is not visible from the site. The site is located adjacent
to Edgewater Place (boardwalk), which is accessible to the public and provides some
opportunities to view the bay. As currently developed, the existing property and other
residences along Edgewater Place are located within the view shed of the bay. However,
the proposed single-family residence complies with all applicable Local Coastal Program
(LCP) development standards and maintains a building envelope consistent with the
existing neighborhood pattern of development. Additionally, the project does not contain
any unique features that could degrade the visual quality of the coastal zone.
11. The front of the proposed residence, which is visible from Edgewater Place, contains
substantial architectural treatment and visual interest, in keeping with the design
guidelines of the Zoning Code. The design includes modulation of volume throughout
the structure, an increased front setback beyond what is required by code (10 to 13 feet
instead of the seven feet that is required), and low walls that prevent the appearance of
the site being walled off from the boardwalk. Therefore, the project does not have the
potential to degrade the visual quality of the Coastal Zone or result in significant adverse
impacts to existing 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 between the nearest public road and the sea or shoreline.
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
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proportional to the impact. In this case, the project replaces an existing duplex located on
standard R-2 lot 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
(appropriate height, setbacks, etc.) so as not to block or impede existing public access
opportunities.
2. Vertical access to the bay is available at the ends of the block, along Cypress Street and
Adams Street. Lateral access is available adjacent to the subject property, along the
existing public boardwalk. There is a pedestrian walkway easement along the boardwalk
to ensure public access, as decided by California Superior Court Case 169606. The
project does not include any features that would obstruct access along these routes and
no construction is proposed bayward of the subject property.
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. CD2019-038, 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.
PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF DECEMBER, 2019.
Gregg Ramirez, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division
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 issuance of building permits, the project plans shall be updated to reflect that a
waterproofing curb will be constructed around the proposed residence as an adaptive
flood protection device up to 10.6 feet (NAVD88). Flood shields (sand bags and other
barriers) can be deployed across the openings to protect prevent flooding to the
structure.
3. 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 including the
repair and maintenance, enhancement, reinforcement, or any other activity affecting the
bulkhead, that results in any encroachment seaward of the authorized footprint of the
bulkhead or other shoreline protective device. The agreement shall be binding against
the property owners and successors and assigns.
4. Prior to the issuance of a building permit, the property owner shall submit a notarized
and 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. This letter shall be scanned into the plan set prior to building
permit issuance.
5. 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.
6. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
7. This Coastal Development Permit does not authorize any development seaward of the
private property.
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8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
14. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
15. 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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16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
approved CPPP and WQHP/WQMP and any changes could require separate review
and approval by the Building Division.
22. 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.
23. 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.
24. 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.
25. 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
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property owner or agent.
26. This Coastal Development Permit No. CD2019-038 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.
27. 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 Home Sweet Home LLC. Residence including, but not limited to, Coastal
Development Permit No. CD2019-038 (PA2019-145). 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
28. The existing public walkway along Edgewater Place shall be maintained.
29. Any damaged sidewalk, alley, or bulkhead shall be repaired. Extent of repair shall be per
Public Works Inspector and Community Development Director.
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