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HomeMy WebLinkAbout04_Ardmore Properties Series, LLC Duplex Lot Merger and CDP_PA2020-111 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT October 15, 2020 Agenda Item No. 4 SUBJECT: Ardmore Properties Series, LLC Duplex (PA2020-111) Lot Merger No. LM2020-001 Coastal Development Permit No. CD2020-053 SITE LOCATION: 130 and 132 South Bay Front APPLICANT: Ian Harrison OWNER: Ardmore Properties Series, LLC PLANNER: Joselyn Perez, Assistant Planner 949-644-3312, jperez@newportbeachca.gov LAND USE AND ZONING General Plan Land Use Plan Category: RT (Two-Unit Residential) Zoning District: R-BI (Two-Unit Residential, Balboa Island) Coastal Land Use Plan Category: RT-E (Two-Unit Residential) (30.0 - 39.9 DU/AC) Coastal Zoning District: R-BI (Two-Unit Residential, Balboa Island) PROJECT SUMMARY A request for a lot merger and coastal development permit to allow the demolition of two single-family residences, the merger of two lots under common ownership to create a single parcel, and the construction of a new three-story, 5,118-square-foot duplex with an attached 987-square-foot, four-car garage. The project also includes additional appurtenances such as walls, fences, patios, drainage devices, and landscaping. The design complies with all applicable development standards and the applicant requests to waive the parcel map requirement for properties under common ownership. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 under Class 15 (Minor Land Divisions) and 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. The exceptions to the Class 3 exemption do not apply; and 1 Ardmore Properties Series, LLC Duplex (PA2020-111) Zoning Administrator, October 15, 2020 Page 2 Tmplt: 07/25/19 3) Adopt Draft Zoning Administrator Resolution No. _ approving Lot Merger No. LM2020-001 and Coastal Development Permit No. CD2020-053 (Attachment No. ZA 1). DISCUSSION Lot Merger An application was filed by Ian Harrison with respect to property located at 130 and 132 South Bay Front. The lot at 130 South Bay Front is legally described as Lot 8 in Block 1 of the Resubdivision of Section One of Balboa Island. The lot at 132 South Bay Front is legally described as Lot 9 and a Portion of Lot 10 in Block 1 of the Resubdivision of Section One of Balboa Island. The subject properties are zoned R-BI (Two-Unit Residential, Balboa Island) and will retain the R-BI zoning designation. The Land Use Element of the General Plan designates both properties as RT (Two-Unit Residential), which applies to a range of two family residential dwelling units such as duplexes and townhomes. The Coastal Land Use Plan designates the properties as RT-E (Two-Unit Residential), which provides for density ranges from 30.0 - 39.9 dwelling units per acre. The land use will remain the same and the merger is consistent with the land use designations of the General Plan and Coastal Land Use Plan. The properties are not a part of a specific plan. Each property is currently developed with a single-family residence. Those residences will be demolished. The proposed lot merger will combine the two lots under common ownership by removing the interior lot line between them. The newly merged parcel will be developed with a duplex. There will be no net loss of units. Newport Beach Municipal Code (NBMC) Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) establishes the minimum standards required for lot creation. The minimum lot width required and the minimum lot area required in the R-BI zoning district is 50 feet and 2,375 square feet, respectively. While the existing lots in their current configuriation comply with lot area requirements, they are substandard for lot width. The lots are approximately 2,700 square feet in area however they are only 32-feet-wide. Merging the two lots will create one parcel that meets both the minimum requirements for lot width and area. The width of the merged lot will be approximately 63 feet and the area will be approximately 5,363 square feet. Balboa Island is a unique shape which results in lots of various shapes and sizes, especially along the waterfront. Properties within the 100 block of South Bay Front vary in size and width and, although the proposed lot merger will create a lot that is larger than the immediately adjoining lots, it will not create an excessively large 2 Ardmore Properties Series, LLC Duplex (PA2020-111) Zoning Administrator, October 15, 2020 Page 3 Tmplt: 07/25/19 lot in comparison to other existing lots on the Island. There are existing lots similar in size to the merged lot. Some examples include 400 South Bay Front (5,100 square feet), 608 South Bay Front (5,100 square feet), 710 South Bay Front (5,200 square feet), 1410 South Bay Front (5,220 square feet), and 145 North Bay Front (4,607 square feet). Larger lots, such as 111 Park Avenue (6,425 square feet) can be found within 20 feet of the site. The majority of the comparable parcels are waterfront development and this lot merger would be consistent with this pattern. Orientation and access to the parcel would remain from South Bay Front Alley. The resulting lot configuration will not change the existing pattern of development in the area. In accordance with Section 19.08.30(A)(3) (Waiver of Parcel Map Requirement) of the NBMC, the Zoning Administrator may approve a waiver of the parcel map requirement in cases where no more than three parcels are eliminated. The proposed lot merger combines two contiguous lots under common ownership and does not result in the elimination of more than three parcels. The subject property is not subject to a specific plan. The merged parcel is within an urban environment and will be served by existing public utilities. Coastal Development Permit The neighborhood is predominantly developed with two-story, single-family residences and duplexes; however, newer projects in the area are three-story structures. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development consistent with applicable development standards. The proposed duplex and accessory structures conform to all applicable development standards, including floor area limit, setbacks, height, and off-street parking as evidenced by the project plans and illustrated in Table 1 below. Table 1 Development Standards Development Standard Standard Proposed Setbacks (min.) Front 5 feet - provided with portions set back up to 14 feet) Sides 4 feet 4 feet Rear 5 feet 5 feet Allowable Floor Area (max.) 6,125 square feet 6,105 square feet 3 Ardmore Properties Series, LLC Duplex (PA2020-111) Zoning Administrator, October 15, 2020 Page 4 Tmplt: 07/25/19 Table 1 Development Standards Development Standard Standard Proposed Parking (min.) 2 per unit; 1 in a garage and 1 covered or in a garage 4 garage parking spaces Height (max.) 24-foot flat roof 29-foot sloped roof 24-foot flat roof/deck railings 2 --foot sloped roof Hazards The finish floor elevation of the proposed duplex is 9.0 feet based on the North American Vertical Datum of 1988 (NAVD88), which complies with the minimum 9.0-foot (NAVD88) elevation standard. A Coastal Hazards Report and Sea Level Rise Analysis, initially dated April 30, 2019 and revised on October 7, 2020, was prepared for the project by PMA Consulting, Inc. The project site is protected by a public boardwalk fronting the site along South Bay Front and an existing City-owned bulkhead will remain in place. The report states that the highest high tide elevation is currently 7.7 feet (NAVD88). Using the low-risk aversion projected sea level rise of a 2.9-foot increase over the 75-year design life of the structure (the likely range for sea level rise over 75-year design life of the structure based on low risk aversion estimates for sea level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update), the report concludes that the estimated sea level rise should result in a bay water level of 10.65 feet (NAVD88). The report evaluates the current height of the City owned bulkhead (approximately 8.6 feet NAVD88) and recommends that the bulkhead should be raised in the future. Because the bulkhead is not privately owned and cannot be raised by the homeowner, the report recommends water proofing techniques for the proposed structure. By utilizing a combination of flashing and building should be protected from flooding until year of 2095. The project has been conditioned to require the minimum slab height recommended by the report and waterproofing flashing. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) (Bulkheads for nonresidential and residential waterfront development), 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) (Waterfront Development, Development Standards). Both requirements are included as 4 Ardmore Properties Series, LLC Duplex (PA2020-111) Zoning Administrator, October 15, 2020 Page 5 Tmplt: 07/25/19 conditions of approval that will need to be satisfied prior to the issuance of building permits for construction. The property 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 a building permit. 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. Water Quality The property is located adjacent to coastal waters. Pursuant to Section 21.35.030 (Construction Pollution Prevention Plan) of the NBMC, a Construction Pollution Prevention Plan (CPPP) is required to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived from construction chemicals and materials. A CPPP has been provided and construction plans and activities will be required to adhere to the CPPP. Pursuant to Section 21.35.050 (Water Quality and Hydrology Plan) of the NBMC, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a preliminary Water Quality and Hydrology Plan (WQHP) is required. The preliminary WQHP has been polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be reviewed for compliance with the approved WQHP prior to building permit issuance. Public Access The project site is located between the nearest public road and the sea or shoreline; to use and/or view the coast and nearby recreational facilities. The proposed 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 the project includes the construction of a new three-story duplex. 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. 5 Ardmore Properties Series, LLC Duplex (PA2020-111) Zoning Administrator, October 15, 2020 Page 6 Tmplt: 07/25/19 The subject property is located on a waterfront lot that abuts the Balboa Island Loop. The Balboa Island Loop grants users with bay views and the opportunity to travel the outer perimeter of Balboa Island. Lateral access to the bay is provided by the loop and will continue to be provided by the loop. Vertical access to the Balboa Island Loop is provided by Emerald Avenue, approximately 90 feet southeast of the project site. 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 designated coastal viewpoint, as designated in the Coastal Land Use Plan, is over one-half mile east of the project site at the Park Avenue bridge that crosses the Grand Canal. The project site is located adjacent to Balboa Island Loop, which is accessible to the public and provides opportunities to view the bay. The project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to existing public views. The front of the proposed residence, which is visible from the bay front, contains architectural treatments and visual interest in keeping with the design guidelines of the Zoning Code. Fronting the bay, the project is set back more than the minimum five-foot requirement and has covered decks on the second level that separate the proposed dwelling from the setback even further, helping to relieve massing from the Balboa Island Loop and the bay. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 under Class 15 (Minor Land Divisions) and Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and Zoning; no variances or exceptions are required; all services and access to the proposed parcels are available; the parcel was not involved in a division of a larger parcel within the previous two years; and the parcel does not have an average slope greater than 20 percent. This exemption includes a minor lot merger not resulting in the creation of any new parcel that complies with the conditions specified above. 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 two single-family residences and the construction of a new 5,118-square-foot duplex with 6 Ardmore Properties Series, LLC Duplex (PA2020-111) Zoning Administrator, October 15, 2020 Page 7 Tmplt: 07/25/19 an attached 987-square-foot, four-car garage. 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. PUBLIC NOTICE Notice of this public hearing was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. At the time the application was submitted, a Notice of Filing was posted to the site by the Applicant in accordance with Title 21 requirements. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: The approval of Lot Merger No. 2020-001 shall become final and effective 10 days following the date the resolution was adopted. Appeals or calls for review shall be made in accordance with the provisions for appeal of tentative parcel maps, as set forth in Section 19.12.060(B). The approval of Coastal Development Permit No. CD2020-053 shall become final and effective 14 days following the date the Resolution is 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 of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: BMZ/jp Attachments: ZA 1 Draft Resolution 7 Ardmore Properties Series, LLC Duplex (PA2020-111) Zoning Administrator, October 15, 2020 Page 8 Tmplt: 07/25/19 ZA 2 Vicinity Map ZA 3 Lot Merger Exhibit ZA 4 Project Plans 8 Attachment No. ZA 1 Draft Resolution 9 05-14-19 RESOLUTION NO. ZA2020-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LOT MERGER NO. LM2020-001 AND COASTAL DEVELOPMENT PERMIT NO. CD2020-053 TO DEMOLISH TWO (2) EXISTING SINGLE-FAMILY RESIDENCES, MERGE TWO (2) CONTIGUOUS LOTS UNDER COMMON OWNERSHIP TO CREATE A SINGLE PARCEL, AND CONSTRUCT A NEW THREE (3)-STORY DUPLEX AND ATTACHED FOUR (4)-CAR GARAGE LOCATED AT 130 AND 132 SOUTH BAY FRONT (PA2020-111) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ian Harrison (Applicant), with respect to property located at 130 and 132 South Bay Front, requesting approval of a lot merger and a coastal development permit. 2. The lot at 130 South Bay Front is legally described as Lot 8 in Block 1 of the Resubdivision of Section One of Balboa Island. The lot at 132 South Bay Front is legally described as Lot 9 and a Portion of Lot 10 in Block 1 of the Resubdivision of Section One of Balboa Island. 3. The project will allow the demolition of two (2) single family residences, the merger of two (2) contiguous lots under common ownership to create a single parcel, and the construction of a new three (3)-story, 5,118-square-foot duplex with an attached 987- square-foot, four (4)-car garage. The project also includes additional appurtenances such as walls, fences, patios, drainage devices, and landscaping. The design complies with all applicable development standards and the applicant requests to waive the parcel map requirement for properties under common ownership 4. The subject properties are located within the R-BI (Two-Unit Residential, Balboa Island) Zoning District and the General Plan Land Use Element category is RT (Two-Unit Residential). 5. The subject properties are 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 R-BI (Two-Unit Residential, Balboa Island). 6. 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. 10 Zoning Administrator Resolution No. ZA2020-### Page 2 of 13 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 15315 under Class 15 (Minor Land Divisions) and Class 3 (New Construction or Conversion of Small Structures), Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) because it has no potential to have a significant effect on the environment. 2. The Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four (4) or fewer parcels when the division is in conformance with the General Plan and Zoning; no variances or exceptions are required; all services and access to the proposed parcels are available; the parcel was not involved in a division of a larger parcel within the previous two (2) years; and the parcel does not have an average slope greater than 20 percent. This exemption includes a minor lot merger not resulting in the creation of any new parcel that complies with the conditions specified above. 3. Class 3 exemption allows the demolition of up to three (3) single-family residences and additions of up to 10,000 square feet to existing structures. The proposed project consists of the demolition of two (2) single-family residences and the construction of a new 5,118-square-foot duplex with an attached 987-square-foot, four (4)-car garage. 4. 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. Lot Merger In accordance with Sections 19.68.030(H) (Lot Mergers Required Findings) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. Approval of the merger will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of this title. 11 Zoning Administrator Resolution No. ZA2020-### Page 3 of 13 02-03-2020 Facts in Support of Finding: 1. The proposed lot merger will combine two (2) lots under common ownership by removing the interior lot line between them. The merging of the two (2) lots will not result in the creation of additional parcels. 2. The project is in an area with an average slope of less than 20 percent. 3. The lot merger is consistent with the purpose and intent of NBMC Title 19 (Subdivisions). Finding: B. The lots to be merged are under common fee ownership at the time of the merger. Fact in Support of Finding: 1. The two (2) lots to be merged are under common fee ownership and are conditioned to remain under common fee ownership prior to recordation of the lot merger. Finding: C. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. The merged lots will retain the R-BI (Two-Unit Residential, Balboa Island) zoning designation, consistent with the surrounding area. The R-BI Zoning District is intended to provide for a maximum of two (2) residential dwelling units (i.e., duplexes) located on a single legal lot on Balboa Island. 2. The Land Use Element of the General Plan designates both properties as RT (Two-Unit Residential), which applies to a range of two (2)-family residential dwelling units such as duplexes and townhomes. The Coastal Land Use Plan designates the properties as RT-E (Two-Unit Residential) which provides for density ranges from 30.0 - 39.9 dwelling units per acre. The land use will remain the same and the merger is consistent with the land use designations of the General Plan and Coastal Land Use Plan. 3. The subject properties are not located within a specific plan area. 4. Newport Beach Municipal Code Title 21 21.18.030 (Residential Coastal Zoning Districts General Development Standards) establishes the minimum standards required for lot creation. The minimum lot width required and the minimum lot area required in the R-BI zoning district is 50 feet and 2,375 square feet respectively. While the existing lots in their current configuriation comply with lot area requirements, they are substandard for lot width. The lots are approximately 2,700 square feet in area however they are only 32- 12 Zoning Administrator Resolution No. ZA2020-### Page 4 of 13 02-03-2020 feet-wide. Merging the two (2) lots will create one (1) parcel that meets both the minimum requirements for lot width and area. The width of the merged lot will be approximately 63 feet and the area will be approximately 5,363 square feet. Finding: D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. Fact in Support of Finding: 1. Legal access for vehicular traffic is provided from South Bay Front Alley and will remain unchanged. Pedestrian access will be provided from South Bay Front. The site does not currently provide access to any other properties. No adjoining parcels will be deprived of legal access as a result of the merger. Finding: E. The lots as merged will be consistent with the pattern of development nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. In making this finding, the review authority may consider the following: a. Whether the development of the merged lots could significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. b. Whether the merged lots would be consistent with the character or general orientation of adjacent and/or adjoining lots. c. Whether the merged lots would be conforming or in greater conformity with the minimum lot width and area standards for the zoning district. 1. Balboa Island is a unique shape which results in lots of various shapes and sizes, especially along the waterfront. Properties within the 100 block of South Bay Front vary in size and width and although the proposed lot merger will create a lot that is larger than the immediately adjoining lots, it will not create an excessively large lot in comparison to other existing lots on the Island. There are existing lots similar in size to the merged lots. Some examples include 400 South Bay Front (5,100 square feet), 608 South Bay Front (5,100 square feet), 710 South Bay Front (5,200 square feet), 1410 South Bay Front (5,220 square feet), and 145 North Bay Front (4,607 square feet). Larger lots, such as 111 Park Avenue (6,425 square feet) can be found within 20 feet of the site. The majority of the comparable parcels are waterfront development and this lot merger would be consistent with this pattern. 2. The width of the merged lots will be approximately 63 feet which is not excessive. The merged lot does not develop previously underdeveloped land, nor does it disrupt the character or livability of the neighborhood. 13 Zoning Administrator Resolution No. ZA2020-### Page 5 of 13 02-03-2020 3. Orientation and access to the parcel would remain from South Bay Front Alley. The resulting lot configuration will not change the existing pattern of development in the area. 4. Fact in Support of Finding C.4 is hereby incorporated by reference. Waiver of Parcel Map In accordance with Section 19.08.30(A)(3) (Waiver of Parcel Map Requirement) of the NBMC, the Zoning Administrator may approve a waiver of the parcel map requirement in cases where no more than three (3) parcels are eliminated. The following finding and facts in support of such finding are set forth: Finding: F. The proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of this title, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. Approval of the proposed lot merger would remove the existing interior lot lines and allow the property to be utilized as a single site. The proposed lot would comply with all design standards and improvements required for new subdivisions by Title 19, the Zoning Code, and General Plan. 2. The subject property is not subject to a specific plan. The property complies with the requirements of Title 21 LCP Implementation Plan, as detailed in the following section (Findings G and H). 3. The proposed lot merger combines two (2) contiguous lots under common ownership into a single parcel of land and does not result in the elimination of more than three (3) parcels. 4. The merged lot is within an urban environment and will be served by existing public utilities. Coastal Development Permit In accordance with Section 21.52.015(F) (Coastal Development Permits Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: G. Conforms to all applicable sections of the certified Local Coastal Program. 14 Zoning Administrator Resolution No. ZA2020-### Page 6 of 13 02-03-2020 Facts in Support of Finding: 1. The newly created parcel will comply with all development standards for the R-BI Coastal Zoning District. Facts in support of Finding C.1, C.2, and C.4 are incorporated here by reference. 2. 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 6,125 square feet and the proposed floor area is 6,104.79 square feet. b. The proposed development provides the minimum required setbacks, which are 5 feet along the front property line abutting South Bay Front, 4 feet along each side property line, and 5 feet along the rear property line abutting South Bay Front Alley. c. The highest guardrail is less than 24 feet from established grade of 9.00 feet North American Vertical Datum of 1988 (NAVD88) 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 four (4) vehicles complying with the minimum four (4)-car parking requirement for duplexes. 3. The neighborhood is predominantly developed with two (2)-story, single-family residences and duplexes; however, newer projects in the area are three (3)-story structures. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development consistent with applicable development standards. 4. A Coastal Hazards Report and Sea Level Rise Analysis, initially dated April 30, 2019 and revised on October 7, 2020, was prepared for the project by PMA Consulting, Inc. The project site is protected by a public boardwalk fronting the site along South Bay Front and an existing City-owned bulkhead will remain in place. The report states that the highest high tide elevation is currently 7.7 feet (NAVD88). Using the low-risk aversion projected sea level rise of a 2.9-foot increase over the 75-year design life of the structure (the likely range for sea level rise over 75-year design life of the structure based on low risk aversion estimates for sea level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update), the report concludes that the estimated sea level rise should result in a bay water level of 10.65 feet (NAVD88). The report evaluates the current height of the City owned bulkhead (approximately 8.6 feet NAVD88) and recommends that the bulkhead should be raised in the future. Because the bulkhead is not privately owned and cannot be raised by the homeowner, the report recommends water proofing techniques for the proposed structure. By utilizing a combination of the building should be protected from flooding until year of 2095. The project has been conditioned to require the minimum slab height recommended by the report and waterproofing flashing. 15 Zoning Administrator Resolution No. ZA2020-### Page 7 of 13 02-03-2020 5. The finished floor elevation of the first floor of the proposed structure is 9.00 feet (NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard for new structures. 6. 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 final building inspection, and prior to the issuance of building permits, respectively. 7. The property is 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. 8. Pursuant to Section 21.35.050 of the NBMC, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP has been prepared for the project by RCE Consultants, Inc. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. 9. Proposed landscaping complies with Section 21.30.075 (Landscaping) of the NBMC. A condition of approval is included that requires drought-tolerant species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted 10. The project site is not located adjacent to a designated coastal view road or Coastal Viewpoint as identified in the Coastal Land Use Plan. The proposed duplex complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the allowable neighborhood pattern of development. 11. The subject property is located on a waterfront lot that abuts the Balboa Island Loop. The Balboa Island Loop grants users with bay views and the opportunity to travel the outer perimeter of Balboa Island. 12. The nearest designated coastal viewpoint, as designated in the Coastal Land Use Plan, is over one-half mile east of the project site at the Park Avenue bridge that crosses the Grand Canal. The project site is located adjacent to Balboa Island Loop, which is accessible to the public and provides opportunities to view the bay. 16 Zoning Administrator Resolution No. ZA2020-### Page 8 of 13 02-03-2020 13. The project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to existing public views. The front of the proposed residence, which is visible from South Bay Front, contains architectural treatments and visual interest in keeping with the design guidelines of the Zoning Code. The proposed structure is set back along South Bay Front further than the minimum five (5) feet required by Title 21. This design helps to prevent an overly bulky and massive appearance to pedestrian users of the loop. Finding: H. 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 coast and nearby recreational facilities. The proposed 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 and be proportional to the impact. In this case, the project includes the construction of a new three (3)-story duplex. 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. Lateral access to the bay is provided by the loop and will continue to be provided by the loop. Vertical access to the loop is provided by Emerald 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 15315 under Class 15 (Minor Land Divisions) and 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 Lot Merger No. LM2020-001 and Coastal Development Permit No. CD2020-053 subject to the conditions 3. The approval of Lot Merger No. LM2020-001 shall become final and effective 10 days following the date the resolution was adopted. Appeals or calls for review shall be made 17 Zoning Administrator Resolution No. ZA2020-### Page 9 of 13 02-03-2020 in accordance with the provisions for appeal of tentative parcel maps, as set forth in Section 19.12.060(B). The approval of Coastal Development Permit No. CD2020-053 shall become final and effective 14 days following the date the Resolution is 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 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. _____________________________________ Jaime Murillo, Zoning Administrator 18 Zoning Administrator Resolution No. ZA2020-### Page 10 of 13 02-03-2020 CONDITIONS OF APPROVAL Planning Division 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. Prior to issuance of building permits, the project plans shall be updated to reflect that flashing and waterproofing will be constructed for up to 18 inches above top of slab as an adaptive flood protection device. Flood shields (sandbags and other barriers) can be deployed across the openings to protect prevent flooding to the structure. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. 5. Prior to recordation of the lot merger, the two (2) lots shall be held entirely under one (1) common fee ownership. 6. The map shall be submitted to the Public Works Department for final map review and approval. All applicable fees shall be paid. 7. Prior to the issuance of building permits for construction across the existing interior lot lines, recordation of the lot merger documents with the County Recorder shall be required. 8. 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 recorded 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 that 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. 9. 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, development. This letter shall be scanned into the plan set prior to building permit issuance. 19 Zoning Administrator Resolution No. ZA2020-### Page 11 of 13 02-03-2020 10. 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. 11. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands or public beaches. 12. 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 (1) or two (2) short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 13. 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. 14. 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. 15. 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. Stockpiles 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. 16. 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. 20 Zoning Administrator Resolution No. ZA2020-### Page 12 of 13 02-03-2020 17. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 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 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. 22. 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. 23. Prior to issuance of a building permit, a copy of the Resolution, including conditions of e incorporated into the Building Division and field sets of plans. 24. 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. 25. 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 approved WQHP/WQMP and any changes could require separate review and approval by the Building Division. 26. 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. 27. 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. 21 Zoning Administrator Resolution No. ZA2020-### Page 13 of 13 02-03-2020 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. 28. 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. 29. 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. 30. This Lot Merger No. LM2020-001 and Coastal Development Permit No. CD2020-053 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. 31. 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 approval of Ardmore Properties Series, LLC Duplex including, but not limited to, Lot Merger No. LM2020-001 or Coastal Development Permit No. CD2020-053 (PA2020-111). 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. Public Works Department 32. Proposed encroachments within the Bay Front South right of wall shall be consistent with City Council Policy L-6 and requires execution of the encroachment permit and encroachment agreement. 33. Each residential unit shall be served by its individual water meter and sewer lateral and cleanout. Each water meter and sewer cleanout shall be installed with a traffic-grade box and cover. 22 Attachment No. ZA 2 Vicinity Map 23 VICINITY MAP Subject Property 24 Ardmore Properties Series, LLC Duplex (PA2020-111) Zoning Administrator, October 15, 2020 Page 12 Tmplt: 07/25/19 Lot Merger No. LM2020-001 and Coastal Development Permit No. CD2020-053 PA2020-111 130 and 132 South Bay Front 130 S. Bay Front 132 S. Bay Front 25 Attachment No. ZA 3 Lot Merger Exhibit 26 27 28 29 Attachment No. ZA 4 Project Plans 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50