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HomeMy WebLinkAboutZA2020-072 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-071 TO DEMOLISH AN EXISTING DETACHED ONE-CAR GARAGE AND CONSTRUCT A NEW DETACHED TWO-CAR GARAGE WITH ANACCESSORY DWELLING UNIT (ADU) ABOVE LOCATED AT 908 EAST BALBOA BOULEVARD (PA2020-121)05-14-19 RESOLUTION NO. ZA2020-072 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-071 TO DEMOLISH AN EXISTING DETACHED ONE-CAR GARAGE AND CONSTRUCT A NEW DETACHED TWO-CAR GARAGE WITH ANACCESSORY DWELLING UNIT (ADU) ABOVE LOCATED AT 908 EAST BALBOA BOULEVARD (PA2020-121) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Bradford C. Smith Architect (Applicant), with respect to property located at 908 East Balboa Boulevard, requesting approval of a coastal development permit. 2. The parcel at 908 East Balboa Boulevard is legally described as Lot 4, Block 13, Bay Front Section of the Balboa Tract, including a portion of the abandoned street adjacent. 3. The Applicant proposes demolition of a detached, one-car garage that serves an existing single-family residence and the construction of a new, detached, 436-square-foot, two-car garage with a 533-square-foot accessory dwelling unit (ADU) above. The project includes additional appurtenances, such as walls, fences, drainage devices, and hardscaping. The design complies with all applicable development standards and no deviations are requested. 4. The subject property is designated RT (Two Unit Residential) by the General Plan Land Use Element and is located within the R-2 (Two-Unit Residential) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-D (Two Unit Residential) (20.0 - 29.9 DU/AC) and it is located within the R- 2 (Two-Unit Residential) Coastal Zone District. 6. A public hearing was held online on October 29, 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), Article 19 of Chapter 3, because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2020-072 Page 2 of 10 02-03-2020 2. 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 a detached one-car garage and the construction of a new 436-square-foot detached garage with a 533-square-foot ADU above. 3. 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. In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The subject property is zoned R-2. The property is currently developed with a single- family residence that includes a detached, one -car garage. The current development is nonconforming due to parking, as two garage spaces are required. 2. The proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, parking, and unit size. a. The maximum floor area limitation for the parcel is 7,008-square-feet. The existing single-family residence is 1,621-square-feet, the ADU is 533-square-feet, and the new garage is 436-square-feet. The total proposed floor area of all enclosed areas is 2,590 square feet. b. The development will maintain approximately 1,696-square-feet of open volume area on the lot. c. The proposed development provides the minimum required setbacks. The setbacks required for the subject property are 1 foot along East Balboa Boulevard, 10 feet from the abandoned right of way line along the waterfront, and 3 feet along each side property lines. There are no additional setback requirements for an ADU above a garage. d. The highest guardrail is less than 24 feet from established grade (8.04 feet NAVD88) and the highest ridge is no more than 29 feet from established grade, Zoning Administrator Resolution No. ZA2020-072 Page 3 of 10 02-03-2020 which comply with the maximum height requirements. An ADU above a garage is subject to the same height limitations as the underlying zoning district. e. The detached garage and ADU is designed to be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials. f. The project includes the construction of a detached garage, which will provide 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. The new garage will replace a smaller, nonconforming garage, and will bring the single-family residence into conformance with current parking development standards. g. NBMC Chapter 21.48.200 (Accessory Dwelling Units) does not require additional parking to be provided for an ADU when the proposed ADU is located within one - half mile of a public transit. NBMC Subsection 21.48.200(C)(9)(c)(ii) defines “public transit” as a bus stop with fixed route bus service that provides transit service at fifteen (15) minute intervals or better during peak commute periods. The nearest public transport is in the form of an Orange County Transportation Authority (OCTA) bus stop located at Palm Street and East Balboa Boulevard. This bus stop is approximately 0.2-miles walking distance and is serviced by the OCTA number 47 bus; howeverthis bus does not provide service at a frequency of 15 minutes or better during peak commute periods.. While this bus stop is not consistent with the current Title 21 definition, California state law has changed and now defines public transit in a more inclusive way rendering Title 21 more restrictive and inconsistent with state law. A Local Coastal Program (LCP) amendment has been prepared and submitted for review by the Coastal Commission (City of Newport Beach Local Coastal Plan Amendment 1-20, LCPA-5-NPB-20-0025-1) which would revise this definition. The project, as designed, would comply with State law and would conform to the LCP amendment. Furthermore this project merely preserves the existing parking ratio and does not create a greater demand for on -street parking. The existing nonconforming one-car garage that serves the single-family residence will be replaced with a two-car garage and the overall parking ratio will remain the same. Fact 1 in support of Finding B is incorporated here by reference. 3. The project is conditioned to require the recordation of a deed restriction that will prohibit the use of the ADU for short term rentals (i.e., less than 30 days) and will also prohibit the sale of the ADU separate from the principal dwelling. Currently NBMC Section 21.48.200 has a requirement that the owner of the property occupy either the ADU or the principal structure and for that requirement to be included in the deed restriction. State law has placed a moratorium on the owner-occupancy requirement through 2025 and as such, the requirement for owner-occupancy will not be included in the deed restriction. This requirement is being eliminated as part of a Local Coastal Program amendment that has been prepared and submitted for review by the Coastal Commission (City of Newport Beach Local Coastal Plan Amendment 1 -20, LCPA-5- NPB-20-0025-1). Zoning Administrator Resolution No. ZA2020-072 Page 4 of 10 02-03-2020 4. The neighborhood is predominantly developed with two-story residences of varying densities. The adjacent properties both have second story development and the ADU above the garage will not appear out of place in comparison with its surroundings. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development. 5. A Coastal Hazards Report and Sea Level Rise Analysis was prepared for the project by GeoSoils, Inc., dated September 21, 2020. The report states that the current maximum bay water elevation is 7.7 North American Vertical Datum of 1988 (NAVD88). The report analyzes future sea level rise scenarios assuming a 2.95-foot increase in the maximum water level over the next 75 years (i.e. the life of the structure). The sea level is estimated to reach approximately 10.65 feet NAVD88 (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 habitable portion of the project will be safe from flooding hazards for the next 75 years. 6. The Coastal Hazards Report acknowledges an existing bulkhead at the project site. The bulkhead is a shallow founded low height brick structure, about 3 feet in total height (at an elevation of approximately 8.00 feet NAVD88) and does not meet the current City’s top of bulkhead elevation requirement of 10.65 NAVD88. The elevation of the ADU will protect the habitable portion of the structure rather than the bulkhead itself. Furthermore, the report acknowledges that the bulkhead is not adequate to protect the existing principal structure from a sea level rise of greater than 0.3 feet which could occur within the next decade. The project is conditioned accordingly that 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. 7. The proposed floor elevation of the garage is approximately 8.40 feet NAVD88 with the ADU finished floor at about 16.75 feet NAVD88. The finished floor elevation of the project complies with the minimum 9.00 feet (NAVD88) ele vation standard for interior living areas of all new development within flood hazard areas. The Coastal Hazard Report concludes that the bay water elevation (currently 7.7 feet NAVD88) will not exceed the finished floor elevation of the habitable ADU until beyond 2100. The new two car garage however will be subject to flooding with a sea level rise of about 0.5 feet. Flooding of the garage, a non-habitable area, is allowed under The Federal Emergency Management Agency (FEMA) ASCE 24. 8. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 9. The property is a bay front lot and located adjacent to coastal waters. A Construction Erosion Control Plan was provided to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize Zoning Administrator Resolution No. ZA2020-072 Page 5 of 10 02-03-2020 pollution of runoff and coastal waters derived by construction chemicals and materials. The project design also addresses water quality through the inclusion of a post-construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event runoff on-site. Any water not retained on-site is directed to the City’s storm drain system. 10. 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, and it is not located on a coastal bluff or in a canyon. The nearest coastal viewpoint as identified in the Coastal Land Use Plan is over 300 feet away, on the opposite side of the Balboa Peninsula, at Peninsula Park, and is not visible from the site. The project sits within the allowed building envelope and does not contain any unique features that could degrade the visual quality of the coastal zone. While the subject property is visible from the harbor, the detached garage will be located on the opposite end of the property and behind the existing principal structure. The appearance from the waterfront will be unchanged. 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 . Facts in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline. NBMC Section 21.30A.040 requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project replaces an existing detached, nonconforming, one-car garage with a new, detached, two-car garage with ADU above. The project does not involve a change in land use however the project does increase density by one additional dwelling unit. This increase should not have a discernable impact on public access to the coast or recreational opportunities as an increase of one unit is a nominal change and fits within the allowable range designated by the Coastal Land Use Plan. Furthermore, there is a large municipal lot (Balboa Municipal Lot) less than 0.25-mile from the project site. The lot, located at 701 E Oceanfront, provides a considerable amount of parking for visitors to the area. 2. Vertical access to the harbor is available at the east end of the block via the dead-ending B Street. There the street meets a small, sandy, beach where lateral access is available. The project does not include any features that would obstruct access along these routes. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Zoning Administrator Resolution No. ZA2020-072 Page 6 of 10 02-03-2020 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. CD2020-071, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 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 29TH DAY OF OCTOBER, 2020. Zoning Administrator Resolution No. ZA2020-072 Page 7 of 10 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. 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 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 again st the property owners and successors and assigns. 3. 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. 4. Prior to the issuance of a building and/or grading permit for an accessory dwelling unit, the property owner shall record a deed restriction with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney. The deed restriction document shall notify future owners of the restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit exists on the property. 5. Each unit shall be served by its individual water meter and sewer lateral and cleanout. 6. This approval does not authorize any new or e xisting improvements (including landscaping) on State tidelands, public beaches, or the public right -of-way. 7. This Coastal Development Permit does not authorize any development seaward of the private property. 8. 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 Zoning Administrator Resolution No. ZA2020-072 Page 8 of 10 02-03-2020 nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 9. 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. 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. 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. 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. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 14. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 15. 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. 16. 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 Zoning Administrator Resolution No. ZA2020-072 Page 9 of 10 02-03-2020 to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 17. 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. 18. 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. 19. 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. 20. 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. 21. Prior to issuance of a building permit, the final WQHP/WQMP shall be reviewed and approved by the Building Division. Implementation shall be in compliance with the approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 22. Prior to the issuance of a building permit, 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. 23. 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. 24. 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. 25. 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. 26. This Coastal Development Permit No. CD2020-071 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Zoning Administrator Resolution No. ZA2020-072 Page 10 of 10 02-03-2020 Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 27. 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 Robitaille Residence including, but not limited to, Coastal Development Permit No. CD2020-071 (PA2020-121). 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.