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HomeMy WebLinkAboutZA2020-006 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-056 TO DEMOLISH AN EXISTING SINGLE-FAMILY DWELLING LOCATED AT 2172 EAST OCEAN FRONT (PA2019-222)RESOLUTION NO. ZA2020-006 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). Zoning Administrator Resolution No. ZA2020-006 Page 2 of 8 01-03-17 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 Zoning Administrator Resolution No. ZA2020-006 Page 3 of 8 01-03-17 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. Zoning Administrator Resolution No. ZA2020-006 Page 4 of 8 01-03-17 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 30TH DAY OF JANUARY, 2020. _______________________________ James Campbell, Zoning Administrator Zoning Administrator Resolution No. ZA2020-006 Page 5 of 8 01-03-17 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. Prior to final building permit inspection, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns. 8. Prior to the issuance of a building permit, the property owner shall submit a notarized signed letter acknowledging all hazards present at the site, assuming the risk of injury or damage from such hazards, unconditionally waiving any claims of damage against the City from such hazards, and to indemnify and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, 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. 9. Construction activities shall comply with Newport Beach Municipal Code (NBMC) Section 10.28.040, which restricts hours of noise-generating construction activities to Zoning Administrator Resolution No. ZA2020-006 Page 6 of 8 01-03-17 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. 10. 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). 11. 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. 12. 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). 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. 16. 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 Zoning Administrator Resolution No. ZA2020-006 Page 7 of 8 01-03-17 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. 17. Construction staging, storage and/or access is not allowed to occur on or from the adjacent sandy beach or West Jetty View Park. 18. 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. 19. 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. 20. Landscaping of the site shall conform to Section 14.17 (Water Efficient Landscape Ordinance) of the Newport Beach Municipal Code. 21. 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. 22. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 23. 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. 24. 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. 25. 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. Zoning Administrator Resolution No. ZA2020-006 Page 8 of 8 01-03-17 26. 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. 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 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 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.