HomeMy WebLinkAboutZA2020-067 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-117 FOR A NEW SINGLE-FAMILY RESIDENCE LOCATED AT 113 GRAND CANAL (PA2020-183)RESOLUTION NO. ZA2020-067
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2020-117 FOR A NEW SINGLE-
FAMILY RESIDENCE LOCATED AT 113 GRAND CANAL
(PA2020-183)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by R.A. Jeheber Residential Design, Inc., on behalf of Cabin 3,
LLC with respect to the property located at 113 Grand Canal, and legally described as Lot
9 of Block 2 of Section 4 of Balboa Island, requesting approval of a Coastal Development
Permit.
2. The applicant proposes the demolition of an existing single-family residence and the
construction of a new 2,501-square-foot, single-family residence with a 399-square-foot
attached garage. The proposed development also includes additional appurtenances such
as walls, fences, patios, hardscape, drainage devices, and landscaping.
3. The subject property is located within the Two-Unit Residential, Balboa Island (R-BI)
Zoning District and the General Plan Land Use Element category is Two Unit Residential
(RT).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-E (Two Unit Residential Detached) – (30.0-39.9 DU/AC) and the Coastal
Zoning District is Two-Unit Residential, Balboa Island (R-BI).
5. A public hearing was held online on October 15, 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 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 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.
2. Class 3 exempts the construction of limited numbers of new, small structures, including
one single-family residence. The proposed project is a new single-family residence
located in the R-BI Coastal Zoning District.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (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 proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 2,900 square feet and the proposed floor area
is 2,900 square feet.
b. The proposed development complies with the required setbacks, which are 5 feet
along the property line abutting Grand Canal, 5 feet along the property line abutting
the alley, and 3 feet along each side property line.
c. The highest guardrail/parapet is below 24 feet from established grade and the
highest ridge is 29 feet from established grade. The proposed development
complies with all height requirements.
d. The proposed development provides a two-car garage, meeting the minimum
garage requirement for a single-family residence.
e. The proposed development complies with the minimum 9.0-foot North American
Vertical Datum of 1988 (NAVD 88) top of slab elevation requirement for interior
living areas of new structures.
2. The neighborhood is predominantly developed with two- and three-story single-family
residences. The proposed design, bulk, and scale of the development is consistent with
the existing neighborhood pattern of development and expected future development.
3. A Coastal Hazards Report was prepared by GeoSoils, Inc. on June 15, 2020. The project
site is protected by a public boardwalk fronting the site along the Grand Canal and an
existing City-owned bulkhead, which will remain in place. The report concludes that the
highest high tide elevation (currently 7.7 feet NAVD 88) will not exceed 10.65 feet North
American Vertical Datum of 1988 (NAVD 88) using the low-risk aversion projected sea
level rise (2.9-foot increase) over the 75-year design life of the structure based on
estimates for sea level rise provided by the State of California Sea-Level Rise Guidance
2018. The report states that the estimated sea level rise over the next 75 years, using
the Medium-High Risk Aversion, is potentially 6 feet (up to 13.7 feet NAVD 88). The
City-owned bulkhead is approximately 8.6 feet (NAVD 88) and it is recommended that
the City increase the height of all public bulkheads on Balboa Island in the future. The
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report concludes that if the proposed project is waterproofed and the City-owned
bulkhead is raised, the project will not be adversely impacted by potential coastal
hazards.
4. The finish floor elevation of the proposed dwelling is 9.0 feet (NAVD 88), which complies
with the minimum 9.0-foot NAVD 88 elevation standard. Continuous waterproofing shall
be extended around the perimeter of the dwelling that would protect against flooding up
to an elevation of 10.65 feet (NAVD 88). Flood shields (sandbags and other methods)
can be deployed across the openings to prevent flooding to the structure.
5. Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), due
to the proximity of the development to the shoreline and the development containing
more than 2,500 square feet of impervious surface area, a Water Quality Management
Plan (WQMP) is required. As conditioned, a WQMP shall be submitted and reviewed by
the City’s Engineer Geologist prior to building permit issuance. The WQMP shall include
polluted runoff and hydrologic site characterization, a sizing standard for Best
Management Practices (BMPs), use of a Low Impact Development approach to retain
the design’s storm runoff volume on site, and documentation of the expected
effectiveness of the proposed BMPs.
6. 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 the CBC prior to building permit issuance.
7. The project site is not located adjacent to a coastal view road, public viewpoint, public park,
beach, or public accessway, as identified in the Coastal Land Use Plan. However, the
Coastal Land Use Plan identifies the Park Avenue bridge that crosses the Grand Canal as
a public view point. The subject property is located approximately 220 feet from the bridge.
The proposed project will replace an existing single-family residence with a new single-
family residence that complies with all applicable Local Coastal Program (LCP)
development standards and maintains a building envelope consistent with the existing
neighborhood pattern of development. An investigation of the project site and surrounding
area did not identify any other public view opportunities. The project may be located within
the viewshed of distant public viewing areas. 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.
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.
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Facts in Support of Finding:
1. The project site is located on the Balboa Island between the nearest public road and the
sea. 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 replaces an existing single-family residence with a new 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.
Furthermore, the project is designed and sited so as not to block or impede existing public
access opportunities.
2. Vertical access to the bay is available near the site on Marine Avenue and Grand Canal.
The nearest lateral access is located on South Bay Front and South Bay Front Alley.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2020-117, subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
2. 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 (Appeal to the Coastal Commission) 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 15TH DAY OF OCTOBER, 2020.
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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. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
3. Coastal Development Permit No. CD2020-117 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.
4. Prior to the issuance of a Certificate of Occupancy, 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
including the repair and maintenance, enhancement, reinforcement, or any other activity
affecting the bulkhead, that results in any encroachment seaward of the authorized
footprint of the bulkhead or other shoreline protective device. The agreement shall be
binding against the property owners and successors and assigns.
5. 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.
6. 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.
7. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
8. All proposed accessory structures located within setback areas shall comply with
applicable height limits consistent with Zoning Code Section 20.30.040 (Fences,
Hedges, Walls, and Retaining Walls).
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9. Continuous waterproofing shall be extended around the perimeter of the dwelling that
would protect against flooding up to an elevation of 10.65 feet (NAVD 88). Flood shields
(sandbags and other methods) can be deployed across the openings to prevent flooding
to the structure.
10. 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.
11. 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.
12. 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.
13. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
WQHP/WQMP and any changes could require separate review and approval by the
Building Division.
14. Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building
Division.
15. 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.
16. 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.
17. 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:
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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.
18. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
19. 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.
20. 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.
21. Prior to issuance of the building permits, a copy of the Resolution, including conditions
of approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
22. 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.
23. 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.
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. 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 Cabin 3, LLC Residence including, but not limited to, Coastal Development
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Permit No. CD2020-117 (PA2020-183). 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.