HomeMy WebLinkAboutZA2020-048 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-057 TO REPLACE AN EXISTING FLAT ROOF WITH A SLOPED ROOF AND REMODEL AN EXISTING NONCONFORMING DUPLEX LOCATED AT 320 ALVARADO PLACE (PA2019-224)05-14-19
RESOLUTION NO. ZA2020-048
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2019-057 TO REPLACE AN
EXISTING FLAT ROOF WITH A SLOPED ROOF AND REMODEL
AN EXISTING NONCONFORMING DUPLEX LOCATED AT 320
ALVARADO PLACE (PA2019-224)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jeff Roberts and Associates, with respect to property located
at 320 Alvarado Place, requesting approval of a coastal development permit.
2. The lot at 320 Alvarado Place is legally described as Lot 49, Block C of the Newport Bay
Tract.
3. The applicant proposes to replace an existing flat roof with a sloped roof and to remodel
an existing non-conforming two-unit residence. The existing flat roof reaches 20 feet 8
inches, whereas the proposed sloping roof will reach a maximum of 26 feet 9.5 inches.
The height of the existing structure will increase by approximately 6 feet (30 percent). The
project complies with maximum height standards and no additional square footage is
proposed. The existing duplex is non-conforming because it is a two-unit dwelling located
in the R-1 zoning district and only provides two parking spaces where two are required per
dwelling unit. The existing duplex is also non-conforming to rear and front setback
requirements. The existing building encroaches one foot into the required five-foot rear
alley setback and would remain as part of the proposed project. The existing balcony at
the front of the building encroaches approximately 2 feet 10 inches into the front yard
setback of 5 feet, and proposed work in this area would be limited to repair and
maintenance. No new encroachments are proposed.
4. The subject property is designated RS-D (Single-Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1 (Single-Unit Residential)
Zoning District.
5. 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 it is located
within the R-1 (Single-Unit Residential) Coastal Zone District.
6. A public hearing was held on May 28, 2020, in the Council Chambers 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.
Zoning Administrator Resolution No. ZA2020-048
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02-03-2020
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), because
it has no potential to have a significant effect on the environment.
2. Class 1 includes remodels of existing structures. The proposed project consists of
façade changes and replacement of a flat roof with a sloped roof on an existing duplex.
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 property is currently developed with a 2,204.5 square foot duplex with a two-space
carport. The applicant requests to repair and maintain the interior of the duplex, improve
the façade, and replace the existing roof. The height of the duplex will increase from 20
feet 8 inches to approximately 26 feet 9.5 inches, which is an increase of approximately
30 percent.
2. The property is zone R-1, which provides for the construction of a single-family
residence. The use is considered legal nonconforming due to density because the
structure includes two dwelling units where only one unit is allowed by the current
Newport Beach Municipal Code (NBMC). Building permit records indicate that the
structure was legally constructed as a duplex with attached carport in 1966. Pursuant to
Section 21.38.050 and 20.38.050 (Nonconforming Uses) of the NBMC, improvements
to the residence are limited to minor modifications only, such as repair and maintenance.
3. The property is also considered legally non -conforming due to parking, as two parking
spaces are provided where four (two per unit) are required for a duplex.
4. The structure is legally nonconforming due to setbacks, as the existing second floor
balcony is setback approximately 2 feet 2 inches from the front property instead of the
required 5 feet. The balcony is an accessory structure that is limited to repair and
maintenance. The proposed support columns located on the balcony are new and will
comply with the 5-foot front yard setback. The second floor is also non-conforming due to
rear setback requirements.
5. A Coastal Development Permit is required because 1) the project includes an increase
in height of greater than 10 percent from existing conditions, 2) the existing structure
does not include two parking spaces per unit therefore, the project cannot be excluded
Zoning Administrator Resolution No. ZA2020-048
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02-03-2020
pursuant to the Newport Beach Categorical Exclusion Order CE-5-NPB-16-1-A1, and 3)
the project does not qualify for a Waiver for de minimus development because the
property is located within the Coastal Commission’s Appeal Jurisdiction.
6. The existing duplex includes two stories with an outdoo r staircase on the second-floor
deck that provides access to the roof. However, there is no protective barrier (i.e.
parapet or guardrail) on the roof, which does not comply with current building code
standards. The proposed remodel includes removal of the existing flat roof and
replacement with a sloped roof. Therefore, the existing staircase to the roof would be
walled off and inaccessible, and the existing safety/fall hazard would be eliminated.
7. The proposed development complies with all other applicable residential development
standards including, but not limited to, floor area limitation, setbacks, and height.
a. The maximum floor area limitation is 2,880 square feet and the proposed floor area
is 2,204.5 square feet. No additional floor area is proposed.
b. The existing development provides most of the minimum required setbacks, which
are 5 feet along the front property line abutting Alvarado Place, 3 feet along each
side property line and 5 feet along the rear property line abutting the alley. The
existing balcony railing is nonconforming due to front setback requirements and
the second floor is non-conforming due to rear setback requirements. The existing
second floor balcony is setback approximately 2 feet 2 inches from the front property
instead of the required 5 feet. The balcony is an accessory structure that is limited to
repair and maintenance. The proposed support columns are new and will be located
outside of the five-foot front yard setback. The second floor is nonconforming
because it encroaches one foot into the required five -foot rear alley setback. No
change or increase to this legal nonconforming encroachment is proposed.
c. The highest guardrail is on the second-floor balcony and is less than 24 feet from
established grade (7.8 feet NAVD88). The highest ridge is no more than 29 feet
from established grade, which complies with the maximum height requirements.
8. The neighborhood is predominantly developed with two-story, single-family and multi-
family residences. The proposed design, bulk, and scale of the roof change and façade
remodel is consistent with the existing neighborhood pattern of development.
9. The development is located on an inland property in a developed area approximately
170 feet from the bay. The project site is separated from the bay (the nearest body of
water) by three residences and the Edgewater Avenue Boardwalk. Due to the distance
from coastal waters a Water Quality Management Plan (WQMP), Construction Pollution
Prevention Plan (CPPP), and Erosion Control Plan are not required.
10. 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
Zoning Administrator Resolution No. ZA2020-048
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02-03-2020
identified in the investigations. Construction plans are reviewed for compliance with
approved investigations and CBC prior to building permit issuance.
11. The existing finished floor elevation of the structure is 8.2 feet NAVD88, which does not
comply with the minimum required finished floor elevation of 9.0 feet NAVD88. However,
the proposed scope of work does not include an addition or major remodel that would
require the finished floor to be raised to meet the minimum requirement for new structures.
12. 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. There are no coastal
viewpoints near the site. The proposed roof change and façade remodel will maintain 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.
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 not 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 includes replacing an existing flat roof
with a sloped roof and remodeling the front façade of an existing duplex. 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 adjacent to the site along Alvarado Place. Lateral
access is available along a boardwalk on Edgewater Avenue. 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 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.
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02-03-2020
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2019-057, 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 compli ance 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 28TH DAY OF MAY, 2020.
Zoning Administrator Resolution No. ZA2020-048
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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. 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.
3. Demolition beyond the approved scope of work requires planning division approval prior
to commencement of work. Approval of revisions to project plans are not guaranteed. Any
changes in the current scope of work may require the entire structure to be remodeled or
redeveloped in conformance with the current Zoning Code Development Standards.
4. The existing nonconforming second floor balcony is limited to repair and maintenance
such as the replacement of the existing railing. If additional work is proposed beyond
repair and maintenance, the balcony shall be revised to comply with current setback
requirements of the NBMC. The proposed columns shall be located outside of the front
yard setback of 5 feet.
5. If the Building Division deems the structure “new”, the Planning Division will consider
the structure as new construction and the building must comply with all NBMC Standards
including setbacks, height, density, minimum finished floor elevation, and parking.
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. 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. ZA2020-048
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02-03-2020
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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
13. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14. The applicant shall comply with all federal, stat e, 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.
15. If ground disturbance is required, the applicant shall submit a final construction erosion
control plan prior to the issuance of building permits. The plan shall be subject to the
review and approval by the Building Division.
16. If ground disturbance is required, the applicant shall submit a final drainage and grading
plan prior to the issuance of building permits. The plan shall be subject to the review
and approval by the Building Division.
17. 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.
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18. 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.
19. 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.
20. 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.
21. 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.
22. This Coastal Development Permit No. CD2019-057 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.
23. 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 Stewart Duplex Remodel including, but not limited to, Coastal Development
Permit No. CD2019-057 (PA2019-224). 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.
Building Division
24. Living Room indicated on the second-floor unit is considered a bedroom and shall comply
with all code requirements for bedrooms.