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HomeMy WebLinkAboutZA2020-059 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-099 FOR ADDITIONS TO AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 2310 WEST OCEAN FRONT (PA2020-154)05-14-19 RESOLUTION NO. ZA2020-059 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-099 FOR ADDITIONS TO AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 2310 WEST OCEAN FRONT (PA2020-154) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John T. Morgan Jr., with respect to property located at 2310 West Ocean Front, requesting approval of a coastal development permit. 2. The property at 2310 West Ocean Front is legally described as Lot 6, Block 23 of Tract 512. 3. The applicant proposes to construct a 213-square-foot third story addition and a new third-floor deck area of approximately 446 square feet. A coastal development permit (CDP) is required for the project since the proposed addition exceeds 10 percent of the existing floor area and increases the overall height of the building by more than 10 percent. 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 online via Zoom on September 10, 2020, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the hearing was given in accordance with the 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. 2. Class 1 includes additions of less than 50 percent to existing structures. The proposed project consists of an approximately 11.5 percent addition including a 213-square-foot Zoning Administrator Resolution No. ZA2020-059 Page 2 of 8 02-03-2020 third story living area addition and new third floor deck area of approximately 446 square feet. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code (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 property is currently developed with a two-story 1,848-square-foot, single-family residence and an attached 400-square-foot garage. The applicant proposes to construct a third-story, 213-square-foot living area addition to accommodate a den and bathroom, as well as a 446-square-foot deck area. The height of the existing structure will increase from 22 feet 8 inches to approximately 29 feet. 2. A CDP is required because 1) the project includes an increase in floor area that exceeds 10 percent of the existing floor area, 2) the project includes an increase in height of greater than 10 percent from existing conditions, 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. 3. 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 2,462 square feet and the proposed floor area is 2,461 square feet. b. The project conforms to the minimum required setbacks, which are 5 feet along the front and rear property lines, and 3 feet along the side property lines. c. The highest guardrail is less than 24 feet from established grade (12.77 feet North American Vertical Datum of 1988 [NAVD 88]) and the highest ridge is no more than 29 feet from established grade, which comply with the maximum height requirements. d. The project includes garage parking for a total of two vehicles, complying with the minimum two-car garage parking requirement for single-family residences with less than 4,000 square feet of habitable floor area. 4. The surrounding neighborhood includes a mix of two- and three-story residential and commercial structures. The proposed design, bulk, and scale of the development is Zoning Administrator Resolution No. ZA2020-059 Page 3 of 8 02-03-2020 consistent with the existing neighborhood pattern of development and expected future development consistent with applicable development standards. 5. The development is located more than 200 feet from coastal waters (Mean High Tide Line) and does not involve any ground disturbance activity, therefore a Water Quality Management Plan (WQMP), Construction Pollutio n Prevention Plan (CPPP), and Erosion Control Plan are not required. 6. The existing development is located on private property along the public boardwalk adjacent to the West Ocean Front beach. The beach in front of the boardwalk is approximately 300 feet wide before the Mean High Water Line of the Pacific Ocean. The addition of the third-story deck and living area is not subject to coastal hazards. 7. Although proposed scope of work does not include any modifications to the lowest finished floor level, the existing finish floor elevation of the existing dwelling is 14.18 feet based on North American Vertical Datum of 1988 (NAVD88), which exceeds the minimum 9.00-foot (NAVD88) minimum elevation standard required for new structures. Additionally, the State of California Sea Level Rise Guidance, 2018 Update, is currently considered the best available science for determining a range of sea level rise projections for use in reviewing coastal development permits. The existing finish floor elevation of the dwelling exceeds the upper limit of the likely range for sea level rise of 10.7 feet NAVD88 over the next 75-years based on the Low Risk Aversion estimates and the 13.7 feet NAVD88 Medium-High Risk Aversion estimates (0.5 percent probability). 8. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The property owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with NBMC Section 21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will need to be satisfied prior to the issuance of building permits for construction. 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 may be 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, if needed. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 10. The existing lowest finished floor elevation of habitable area is 14.18 feet based on North American Vertical Datum of 1988 (NAVD88), which complies with the minimum required finished floor elevation of 9.0 feet NAVD88. The proposed scope of work does not include any modifications to this lowest finished floor level. Zoning Administrator Resolution No. ZA2020-059 Page 4 of 8 02-03-2020 11. 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. The nearest identified public coastal viewpoint is located on the Newport Pier, approximately 1,500 feet southeast of the project site. The proposed additions 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 located between the nearest public road and the sea or shoreline, however the project will not affect the public’s ability to gain access to use and/or view the coast and nearby recreational facilities. The existing residential development neither provides nor inhibits public coastal access. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) 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 involves upper story additions to an existing single-family residence. 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. 2. Vertical access to the public beach is provided at various street ends throughout the neighborhood. Lateral access is provided along the West Ocean Front boardwalk in front of the project site. The project does not include any features that would obstruct access along these routes. Condition of Approval No. 2 helps to ensure that no construction materials or activities will infringe upon the public walkway. 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. CD2020-099, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2020-059 Page 5 of 8 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 NBMC. 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 10TH DAY OF SEPTEMBER, 2020. Zoning Administrator Resolution No. ZA2020-059 Page 6 of 8 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. 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 b each, 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. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right -of-way. 5. 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 r ecorded 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 th at 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. 6. 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. 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: Zoning Administrator Resolution No. ZA2020-059 Page 7 of 8 02-03-2020 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. 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, 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. 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. Zoning Administrator Resolution No. ZA2020-059 Page 8 of 8 02-03-2020 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. 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. CD2020-099 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. 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 Mraz Residence Addition including, but not limited to, Coastal Development Permit No. CD2020-099 (PA2020-154). 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.