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HomeMy WebLinkAboutZA2020-049 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-072 TO RENOVATE AN EXISTING NONCONFORMING MIXED-USE BUILDING AND ADD A 235-SQUARE-FOOT RESIDENTIAL THIRD STORY AND ROOF TOP DECK LOCATED AT 112 AGATE AVENUE (PA2019-260)05-14-19 RESOLUTION NO. ZA2020-049 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-072 TO RENOVATE AN EXISTING NONCONFORMING MIXED-USE BUILDING AND ADD A 235-SQUARE-FOOT RESIDENTIAL THIRD STORY AND ROOF TOP DECK LOCATED AT 112 AGATE AVENUE (PA2019-260). THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Aslan Companies, Inc, (“Applicant”) with respect to property located at 112 Agate Avenue, requesting approval of a coastal development permit (CDP). 2. The lot at 112 Agate Avenue is legally described as Lot 31 of Block 9, Resubdivision of Section 1, Balboa Island. 3. The Applicant proposes the renovation of an existing nonconforming mixed-use building. The project generally includes installing small landscape planters on the ground floor level, reconfiguring and refreshing the existing commercial storefront, remodeling the residential second floor, and constructing a third-story addition with a roof deck. The project would result in a net addition of 65 square feet of floor area bringing the total gross floor area of the building to 3,158 square feet. The CDP is required as the project will increase the height of the existing structure by more than 10 percent. 4. The subject property is designated MU-W2 (Mixed Use Water Related) by the General Plan Land Use Element and is located within the MU-W2 (Mixed Use Water) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is MU-W (Mixed Use Water) and it is located within the MU-W2 (Mixed Use Water Related) 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 (NBMC). 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 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. Zoning Administrator Resolution No. ZA2020-049 Page 2 of 9 02-03-2020 2. Class 1 includes additions to existing structures. The proposed project includes the renovation of an existing nonconforming building and the addition of a 235-square-foot residential third floor and roof top deck. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the NBMC, 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 site is zoned MU-W2 (Mixed-Use Water). This Coastal Zoning District provides for marine-related uses to be intermixed with general commercial, visitor- serving commercial and residential dwelling units on the upper floors. The renovated laundromat will serve residents with a year-round service while supporting visitors and tourism to Balboa Island. The residential unit is limited to the second and third floor and the overall mix of uses within the building conforms with the intent and purpose of the zoning district. 2. The property is currently developed with a 3,093 -square-foot mixed-use building. There is an existing 1,634-square-foot commercial laundromat on the ground floor with a single 1,459-square-foot residential unit above. The Applicant proposes to add small landscape planters to the frontage along Agate Avenue, reconfigure the existing storefront resulting in a 47-square-foot reduction of nonresidential floor area, remodel the second floor resulting in a 123-square-foot reduction of residential floor area, add a 235-square-foot third-floor bedroom and bathroom, and add a partially covered roof top deck and patio. The total increase in residential floor area is 112 square feet, wh ich is less than 10 percent of the existing residential floor area. The project ultimately results in a net addition of 65 square feet, bringing the total gross floor area of the building to 3,158 square feet with a Floor Area Ratio (FAR) of 1.2 4. The height of the building will increase from 21 feet, 7 inches to 31 feet, which complies with the allowed height limit in the MU-W2 District. 3. The existing building was built in 1962, in accordance with Use Permit No. UP0678. There are multiple design features that do not conform to the current development standards. NBMC Subsection 21.38.030(C) defines a “legal nonconforming structure” as any structure that was lawfully erected but does not conform with the current development standards for the zoning district in which it is located by reason of adoption or amendment of the Zoning Code. The following are considered legal nonconformities: a. The ground-floor laundromat has an existing gross floor area of 1,634 square feet and a resultant FAR of 0.64, whereas the current Code allows only 0.50; Zoning Administrator Resolution No. ZA2020-049 Page 3 of 9 02-03-2020 b. There is no commercial parking provided, whereas the current requirement would be seven (7) parking spaces for the laundromat use; c. The residential parking provided is in the form of a two (2)-space carport, whereas the current requirement is two (2) enclosed parking spaces; and d. The existing building is set back only five (5) feet from the rear property line, whereas the current requirement is 10 feet. At present, there are stairs and site walls within the rear setback. 4. The proposed addition to the residential portion is designed in accordance with NBMC Section 21.38.060 (Nonconforming Parking), which allows for additions up to a maximum of 10 percent of the existing gross floor area of the structure within any 10- year period without requiring the parking to be brought into compliance with current Code. Furthermore, the renovation of the laundromat will result in the overall reduction of the commercial FAR. The commercial FAR will decrease from 0.64 to 0.62 which ultimately makes the building more conforming. 5. The proposed development complies with applicable mixed-use development standards including, but not limited to, floor area limitation, setbacks, and height. a. The maximum floor area limitation is 3,187.5 square feet and the proposed floor area is 3,158 square feet. The proposed residential FAR of 0.62 along with the proposed commercial FAR of 0.62 results in an overall FAR of 1.24 which is consistent with the maximum allowable FAR of 1.25 for the MU-W2 Zoning District. b. The proposed development complies with the minimum required setbacks of the property which are 0 feet along the front property line abutting Agate Avenue, 0 feet along each side property line, and 10 feet along the rear property line abutting the alley. c. The highest guardrail is less than 26 feet from established grade (6.55 feet based on the North American Vertical Datum of 1988 [NAVD88]) and the highest ridge is no more than 31 feet from established grade, which comply with the maximum height requirements. 6. The neighborhood is predominantly developed with two (2)-story residential structures intertwined with two (2)-story mixed-use buildings that also have commercial on the ground floor and residential above. The adjacent two (2)-story MU-W2 properties along Agate Avenue have heights generally around 20 feet from finished grade to the top of the structure; however if the properties were to be demolished and redeveloped, they would be allowed a maximum height of 31 feet measured from a finished floor elevation of 9.00 feet NAVD88. As this project is the remodel of an existing structure, the height of the structure is being measured from the average existing grade of 6.55 feet NAVD88. The proposed height of the building conforms to the development standards of the Zoning District and actually results in a lower overall height than a new structure. Zoning Administrator Resolution No. ZA2020-049 Page 4 of 9 02-03-2020 7. The development is located on an inland property in a developed area approximately 185 feet from the bay. The project site is separated f rom the bay (the nearest body of water) by a row of structures, both the South Bay Front pedestrian walkway (also known as the boardwalk or the Balboa Island Loop) and the South Bay Front Alley, as well as a City-owned concrete seawall/bulkhead. The bulkhead is part of a larger bulkhead system which surrounds Balboa Island. The finished floor elevation of the first floor of the existing structure is 6.71 feet (NAVD88). While this elevation would not comply with the minimum 9.0-foot (NAVD88) elevation standard for new structures, this project is not considered a new structure based on the project valuation in accordance with NBMC Subsection 15.50.200(C). Conditions of Approval No. 2 and 3 included in Exhibit “A” of this resolution stipulate that if at any point, the valuation of the project increases to be considered substantial improvement (and thus a new structure), this CDP will no longer be valid, and a new CDP will need to be obtained for the new development. 8. Because the project was not deemed a new structure, it was not evaluated in accordance with NBMC Section 20.48.130 (Mixed-Use Projects) and a site development review approval is not required. 9. 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. 10. The property is located within 185 feet of coastal waters. A Water Quality and Hydrology Plan (WQHP) has not been required; however, 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. Furthermore, this project proposes no paving or grading. 11. New landscaping within the planters will be verified for compliance with NBMC Section 21.30.075 (Landscaping). Condition of Approval No. 17 requires drought-tolerant species and prohibits invasive species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted . 12. The project site is not located adjacent to a designated coastal view road or Coastal Viewpoint as identified in the Coastal Land Use Plan. 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 . Zoning Administrator Resolution No. ZA2020-049 Page 5 of 9 02-03-2020 Facts in Support of Finding: 1. The project site is located between the nearest public road and the sea. NBMC Section 21.30A.040(A) 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 renovates an existing mixed-use building. 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. The existing development does not currently provide nor does it inhibit public coastal access. The existing building is located on an interior lot approximately 180 feet northeast of the Balboa Island Loop, where lateral access is provided and will continue to be provided. The Balboa Island Loop grants users with bay views and the opportunity to travel the outer perimeter of Balboa Island. Vertical access to the Balboa Island Loop is provided by Agate Avenue. 3. The nearest designated coastal viewpoint is approximately one-half mile east of the site at the intersection of Park Avenue and Grand Canal. The project site is located adjacent to Balboa Island Park, which is accessible to the public and provides some limited opportunities to view the bay. The proposed addition complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the allowable neighborhood pattern of development. Additionally, Agate Avenue is a highly traveled corridor that terminates at the Balboa Island Ferry. The reconfiguration of the commercial storefront, installation of landscape planters, and façade renovation will refresh the building and provide an enhanced pedestrian experience. The project will create an improved view corridor down Agate Avenue. 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. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No.CD2019-072, 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 Zoning Administrator Resolution No. ZA2020-049 Page 6 of 9 02-03-2020 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. ZA2020-049 Page 7 of 9 02-03-2020 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. After building permit issuance, any potential revisions beyond the scope of work reviewed and approved under this Coastal Development Permit (CDP) shall be discussed with the Planning and Building Divisions. Approval of revisions to project plans are not guaranteed. The Applicant acknowledges that any changes in the current scope of work may require the entire structure to be demolished and redeveloped in conformance with the current development standards. 3. If at any time the project is deemed to be a substantial improvement (i.e., a new structure) pursuant to NBMC 15.50.200(C), this CDP shall be void and a new CDP shall be obtained. 4. The residential third floor addition area shall not be used separately or independently from occupants of the residential unit located on the second floor. The second and third floor residential area shall be considered and used as a single unit, unless explicitly authorized by the Planning Division and in compliance with any applicable regulations in affect that may allow for such separation. 5. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right -of-way. 6. 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. Zoning Administrator Resolution No. ZA2020-049 Page 8 of 9 02-03-2020 7. 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. 8. 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. 9. 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. 10. 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. 11. The project is subject to all applicable City ordinances, policies, and standards, unl ess 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 CDP 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 p roperty 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, the Applicant shall submit a final construction erosion control plan. 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 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. Zoning Administrator Resolution No. ZA2020-049 Page 9 of 9 02-03-2020 17. 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. 18. 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. 19. 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. 20. 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. 21. This Coastal Development Permit No. CD2019-072 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 NBMC, unless an extension is otherwise granted. 22. 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 La Plante Family Trust Mixed-Use Remodel and Addition including, but not limited to, Coastal Development Permit No. CD2019-072 (PA2019-260). 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.