HomeMy WebLinkAboutZA2020-021 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-063 TO DEMOLISH AN EXISTING 3,516 SQUARE-FOOT NON-CONFORMING TRIPLEX AND 3-SPACE CARPORT LOCATED AT 1616 WEST OCEAN FRONT, UNITS A, B AND C (PA2019-245)05-14-19
RESOLUTION NO. ZA2020-021
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2019-063 TO DEMOLISH AN
EXISTING 3,516 SQUARE-FOOT NON-CONFORMING TRIPLEX
AND 3-SPACE CARPORT LOCATED AT 1616 WEST OCEAN
FRONT, UNITS A, B AND C (PA2019-245)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Julie Laughton (“Applicant”), with respect to property located
at 1616 West Ocean Front, Units A, B and C (“Property”), requesting approval of a coastal
development permit.
2. The lot at 1616 West Ocean Front (Units A, B and C) is legally described as Lot 8, Block
16, of Tract Section B Newport Beach.
3. The applicant proposes to demolish an existing 3,516 square-foot non-conforming triplex
and 3-space carport (“Project”). No new construction is proposed at this time. Future
redevelopment of a single-family home will require a separate application for a coastal
development permit. A construction erosion control plan/Construction Pollution Prevention
Plan (CPPP) will be implemented during and after demolition.
4. The 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 Property is located within the coastal zone. The Coastal Land Use Plan category is
RT-D (Two Unit Residential – 20.0 – 29.9 DU/AC) and it is located within the R-2 (Two-
Unit Residential) Coastal Zone District.
6. A public hearing was held on February 27, 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 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.
Zoning Administrator Resolution No. ZA2020-021
Page 2 of 7
02-03-2020
2. Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed Project consists of the
demolition of three dwelling units and a three-space carport.
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 Project includes the demolition of an existing triplex, carports, and appurtenant
facilities. The future redevelopment of the site for use as a single-family or two-unit
development would require the approval of a separate coastal development permit. No
new construction is proposed at this time.
2. The existing structure on the Property is non-conforming due to density and parking
because the existing building contains three dwelling units and a three-space carport. The
Planning and Zoning Code (Title 20) and Local Coastal Program Implementation Plan
(Title 21) allow for up to two dwelling units maximum on site and a minimum of two parking
spaces per dwelling unit. Any future redevelopment on the Property would be required to
comply with Title 20 and Title 21 requirements related to density and parking. Therefore,
demolition of the existing structures would remove an existing non-conforming use with
deficient parking.
3. Although the Project includes the demolition of three dwelling units in the coastal zone, the
Project is exempt from Chapters 20.34 and 21.34 (Conversion of Demolition of Affordable
Housing). The Project is exempt because the City has less than 50 acres (in aggregate) of
privately owned, vacant land available for residential use within the City’s coastal zone and
three miles therefrom.
4. The Property is located adjacent to the Ocean Front Boardwalk and the beach. A
construction erosion control plan/CPPP 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
Zoning Administrator Resolution No. ZA2020-021
Page 3 of 7
02-03-2020
post-construction drainage system that includes drainage and percolation features
designed to retain dry weather and minor rain event runoff on-site. Any water not retained
on-site is directed to the City’s storm drain system.
5. The proposed demolition of the existing triplex would temporarily remove the structure from
the view shed of the beach. Prior to and after demolition, temporary construction fencing
would be erected along the property lines for safety and water quality purposes. Any future
redevelopment of the site would be evaluated for potential impacts to public views as part
of the coastal development permit process.
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 Property 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
proportional to the impact. In this case, the Project removes an existing non-conforming
triplex on a standard R-2 lot that is deficient four required parking spaces. 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. Additionally, any future
redevelopment of the site would require the approval of a Coastal Development Permit
and would consist of a maximum of two units with code-required parking provided,
reducing the demand for on-street parking needed for public access.
2. Vertical access to the beach is available near the site along 17th Street. Lateral access is
available on the beach and boardwalk directly adjacent to the Property. The Project does
not include any features that would obstruct access along these routes.
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. CD2019-063, subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
Zoning Administrator Resolution No. ZA2020-021
Page 4 of 7
02-03-2020
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 27TH DAY OF FEBRUARY, 2020.
Zoning Administrator Resolution No. ZA2020-021
Page 5 of 7
02-03-2020
EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development (the demolition of an existing triplex, carports, and appurtenant facilities)
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. 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 including the Ocean Front Boardwalk.
3. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
4. This Coastal Development Permit does not authorize any new construction, only the
demolition of the existing triplex and appurtenant structures on -site.
5. The applicant is responsible for compliance with the Migratory B ird 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 oc cur 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.
6. 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 erosion control plan/CPPP.
7. 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
Zoning Administrator Resolution No. ZA2020-021
Page 6 of 7
02-03-2020
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.
8. 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.
9. 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.
10. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
11. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
12. 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.
13. 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 inju rious
to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
14. Prior to the issuance of building permits for demolition, the applicant shall submit a final
construction erosion control plan/CPPP. The plan shall be subject to the review and
approval by the Building Division.
15. 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.
16. 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.
17. 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
property owner or agent.
18. This Coastal Development Permit No. CD2019-063 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.
Zoning Administrator Resolution No. ZA2020-021
Page 7 of 7
02-03-2020
19. 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 Smith 507 LLC Residence Demoltion including, but not limited to, Coastal
Development Permit No. CD2019-063 (PA2019-245). 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.