HomeMy WebLinkAbout03_Mclain Demolition CDP_PA2019-222CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
January 30, 2020
Agenda Item No. 3
SUBJECT:Mclain Demolition (PA2019-222)
x Coastal Development Permit No. CD2019-056
SITE LOCATION:2172 East Ocean Front
APPLICANT:Graham Architecture
OWNER:Helle Mclain
PLANNER:David S. Lee, Assistant Planner
949-644-3225, dlee@newportbeachca.gov
LAND USE AND ZONING
x General Plan:RS-D (Single Unit Residential Detached)
x Zone:R-1 (Single-Unit Residential)
x Coastal Land Use Category: RSD-C (Single-Unit Residential Detached – 10.0 - 19.9
DU/AC)
x Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A coastal development permit (CDP) to demolish an existing 3,350-square-foot, single-
family dwelling and attached three-car garage. The site is proposed to be developed with
landscaping and hardscaping to serve as a yard area for 2168 East Ocean Front.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA
Guidelines, because it has no potential to have a significant effect on the
environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2019-056 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
x The subject property is located in the R-1 Coastal Zoning District, which provides for
single-unit residential development and is consistent with the City’s Coastal Land Use
Plan, General Plan, and Zoning Code. Since the property is located in the Coastal
Commission Appeal Area, a coastal development permit is required and a De Minimis
Waiver cannot be issued. The project is not eligible for a Categorical Exclusion from the
need to obtain a coastal development permit due to its location on the waterfront.
x 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 3,350-square-foot, single-family dwelling and
attached garage.
x The proposed project will result in the reduction of one housing unit on the subject
property and is subject to a CDP. The CDP application was deemed complete
on December 6, 2019. The property is therefore not subject to the provisions of
Senate Bill 330, which became effective on January 1, 2020.
x After the demolition of the existing dwelling, the site will be landscaped to control erosion
and will serve as a yard space for the adjacent property at 2168 East Ocean Front. The
project will include 1,240 square feet of landscaping, which includes a large artificial
lawn. There is also a proposed garden terrace and a paved area abutting East Ocean
Front Alley for parking.
x 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. Subsequent construction of a replacement dwelling will require a separate
coastal development permit at a later date.
x Subsequent construction of a replacement dwelling will require a separate coastal
development permit at a later date.
x No development is proposed seaward of the private property.
Water Quality
x The property is located within 100 feet of the Newport Jetty, which abuts the Newport
Bay, and approximately 450 feet from the mean high water line, which abuts the ocean.
The project design addresses water quality with a construction erosion control plan that
includes drainage and percolation features designed to retain dry weather and minor rain
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event run-off on-site. Any water not retained on-site is directed to the City’s storm drain
system.
Public Access
x The project site is located on the Balboa Peninsula 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 is the demolition of an existing
single-family residence and the site is to be developed with landscape and hardscape.
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 site is sited so as not to block or impede existing public access opportunities.
Vertical access to the bay front is available to the east of the subject property on Channel
Road.
x The project site is located adjacent to the West Jetty View Park, which is identified as
public view point and public beach access point in the Coastal Land Use Plan (CLUP).
Additionally, the project abuts public beaches to the south and the east, as identified in
the CLUP. The project site may be located within the viewshed of distant public viewing
areas. However, the project is for a demolition of an existing single-family dwelling. The
site is to be developed with landscaping and hardscaping to serve as a yard area for
2168 East Ocean Front. Any future development of the site with a replacement dwelling
will be required to comply with all applicable Local Coastal Program development
standards. 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.
ENVIRONMENTAL REVIEW
This project is 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, Chapter 3, because it has no potential to have a significant effect
on the environment. 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.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners of
property and residential occupants within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting that was posted at City Hall and on the City website.
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APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
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. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
___________________________
David S. Lee, Assistant Planner
GR/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2019-056 TO DEMOLISH AN
EXISTING SINGLE-FAMILY DWELLING LOCATED AT 2172
EAST OCEAN FRONT (PA2019-222)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Carlton Graham, with respect to property located at 2172 East
Ocean Front and legally described as Lot 19 of Block E, requesting approval of a coastal
development permit.
2. The applicant requests a coastal development permit to demolish an existing 3,350-
square-foot, single-family dwelling and attached three-car garage. The site is proposed to
be developed with landscaping and hardscaping to serve as a yard area for 2168 East
Ocean Front.
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 (CLUP)
category is Single-Unit Residential – 10.0 – 19.9 DU/AC (RSD-C) and the Coastal Zoning
District is Single-Unit Residential (R-1).
5. The proposed project will result in the reduction of one housing unit on the subject
property and is subject to a CDP. The CDP application was deemed complete on
December 6, 2019. The property is therefore not subject to the provisions of Senate Bill
330, which became effective on January 1, 2020.
6. A public hearing was held on January 30, 2020, 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 meeting 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 meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities).
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2. Class 1 includes the demolition and removal of small structures including single-family
dwellings. The proposed project includes the demolition of one existing single-family
dwelling located in the R-1 Coastal Zoning District.
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) 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 to control erosion. The project will include
1,240 square feet of landscaping, which includes a large artificial lawn. There is also a
proposed garden terrace and a paved area abutting East Ocean Front Alley for parking.
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 of a replacement dwelling 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. The property is located within 100 feet of the Newport Jetty, which abuts the Newport Bay,
and approximately 450 feet from the mean high water line, which abuts the ocean. The
project design addresses water quality with a construction erosion control plan 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.
4. New landscaping will be verified for compliance with NBMC Section 21.30.075
(Landscaping). A condition of approval is included that requires drought-tolerant and
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prohibits invasive species. Prior to issuance of the building permits, the final landscape
plans will be reviewed to verify invasive species are not planted.
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 the Balboa Peninsula 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 is the demolition of an existing
single-family residence and the site is to be developed with landscape and hardscape.
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 site is sited so as not to block or impede existing public access opportunities.
Vertical access to the bay front is available to the east of the subject property on Channel
Road.
2. The project site is located adjacent to the West Jetty View Park, which is identified as public
view point and public beach access point in the Coastal Land Use Plan (CLUP).
Additionally, the project abuts public beaches to the south and the east, as identified in the
CLUP. The project site may be located within the viewshed of distant public viewing areas.
However, the project is for a demolition of an existing single-family dwelling. The site is to
be developed with landscaping and hardscaping to serve as a yard area for 2168 East
Ocean Front. Any future development of the site with a replacement dwelling will be
required to comply with all applicable Local Coastal Program development standards.
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:
1. 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. CD2019-056, subject to the conditions set forth in Exhibit “A,”
which is attached here to and incorporated by reference.
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3. This action shall become final and effective 14 days following the date the Resolution is
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.For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
PASSED, APPROVED, AND ADOPTED THIS 30
TH DAY OF JANUARY, 2020.
_______________________________
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 and
landscape plans 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. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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.
5. 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.
6. 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.
7. 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.
8. The development 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).
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, wetland or their
buffers.
10. 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 Pollution Prevention Plan (CPPP).
11. 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
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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.
12. 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.
13. 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.
14. 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.
15. Construction staging, storage and/or access is not allowed to occur on or from the adjacent
sandy beach.
16. 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.
17. 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.
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18. Landscaping of the site shall conform to Section 14.17 (Water Efficient Landscape
Ordinance) of the Newport Beach Municipal Code.
19. 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.
20. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
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. 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.
23. At such time as directed by the City or the California Coastal Commission, the applicant
shall agree to and cooperate with the removal of any development not in compliance with
and authorized by Appendix C (Oceanfront Encroachment Policy Guidelines) of the
certified Local Coastal Program seaward of the rear property line within a prolongation of
the side property lines of the subject property.
24. Coastal Development Permit No. CD2019-056 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.
25. 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 Mclain Demolition including, but not limited to, Coastal Development Permit
No. CD2019-056 (PA2019-222). 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
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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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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Coastal Development Permit No. CD2019-056
PA2019-222
2172 East Ocean Front
Subject
Property
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Attachment No. ZA 3
Project Plans
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LEGENDSCOPE OF WORKNOTICE TO CONTRACTORREQUIRED CERTIFICATIONS / APPROVALSIn addition to any certifications required by the agencies having jurisdiction overthis project, the following approvals from the Civil engineer of record are required:1. Foundation forms for improvements on or abutting property lines is requiredprior to concrete pour.2. Location, size, and depth of all drain lines prior to backfill.ADDITIONAL NOTESCITY OF NEWPORT BEACH NOTESCONSTRUCTION NOTESPRELIMINARY PLAN, NOT FOR CONSTRUCTION117
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NEWPORT BEACH, CALIFORNIA 2172 EAST OCEAN FRONT9241 IRVINE BLVD, SUITE 100(949) 777-2000 FAX (949) 777-2050IRVINE, CALIFORNIA 92618EMAIL: GSICORP @ GUIDASURVEYING.COMGUIDA SURVEYING INC.REVISIONS(172.22)ATRFEOOCALIFFPROSTESSIONALL ANDV E O NIASURR 20
LEGENDNOTEEROSION CONTROL BMPsETEMPORARY SEDIMENT CONTROLTWIND EROSION CONTROLWTRACKING CONTROLTRWASTE MANAGEMENT AND MATERIALS POLLUTION CONTROLWNON-STORMWATER MANAGEMENTNYEAR-ROUND BMP REQUIREMENTSLEGEND21