HomeMy WebLinkAbout20190815_Staff Report03/13/2018
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 15, 2019
Agenda Item No. 5
SUBJECT: Steckler Residence (PA2019-119)
•Coastal Development Permit No. CD2019-032
SITE LOCATION: 132 South Bay Front
APPLICANT: Ian Harrison
OWNER: Vincent Steckler
PLANNER: David S. Lee, Assistant Planner
949-644-3225, dlee@newportbeachca.gov
LAND USE AND ZONING
•General Plan: RT (Two-Unit Residential)
•Zoning District: R-BI (Balboa Island)
•Coastal Land Use Category: RT-E (Two Unit Residential – (30.0-39.9 DU/AC)
•Coastal Zoning District: R-BI (Balboa Island)
PROJECT SUMMARY
A request for a coastal development permit to allow the demolition of an existing single-
family residence and the construction of a new 2,723-square-foot, single-family residence
with a 458-square-foot attached garage. The proposed development also includes
additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and
landscaping.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures), because it has no potential to have a significant effect on the
environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2019-032 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
• The subject property is located in the R-BI Coastal Zoning District, which provides for
two-unit residential development and is consistent with the City’s Coastal Land Use
Plan, General Plan, and Zoning Code. A coastal development permit is required and
the property is not eligible for a waiver for de minimis development because the
property is located in the Coastal Commission Appeal Area.
• The property currently consists of one legal lot developed with a single-family
residence. The neighborhood is predominantly developed with two- and three-
story, single-family residences and duplexes. The proposed design, bulk, and
scale of the development is consistent with the existing neighborhood pattern of
development and expected future development consistent with applicable
development standards.
• The proposed single-family dwelling 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 (South Bay Front) 5 feet 5 feet
Rear (Alley) 5 feet 5 feet
Sides 3 feet 3 feet
Allowable Floor Area 3,185 sq. ft. 3,181 sq. ft.
Parking (min.) 2-car garage 2-car garage
Height (max.) 24 feet flat roof
29 feet sloped roof
24 feet flat roof
29 feet sloped roof
Hazards
• The project site is separated from the Newport Bay by an existing City-owned
bulkhead and a public pedestrian boardwalk (South Bay Front). The bulkhead which
protects the subject property is part of a larger bulkhead system which surrounds
Balboa Island. No modification to the existing bulkhead is proposed with this project.
• 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
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reviewed for compliance with approved investigations and CBC prior to building
permit issuance.
Water Quality
• The applicant provided an Erosion Control Plan to implement temporary Best
Management Practices (BMPs) during construction to minimize erosion and
sedimentation and to minimize pollution runoff and coastal waters derived by
construction chemicals and materials. The Erosion Control Plan will be reviewed
by the City’s Engineer Geologist. Construction plans and activities will be required
to adhere to the approved Erosion Control Plan.
• Pursuant to Municipal Code Section 21.35.050, due to the proximity of the
development to the shoreline and the development including more than 75-percent
of impervious surface area, a Water Quality Hydrology Plan (WQHP) is required.
A WQHP prepared by Robin B. Hamers & Associates, Inc., dated June 5, 2019, has
been submitted and will be reviewed by the City’s Engineer Geologist. 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.
Public Access and Views
• The project site is located on Balboa Island between the nearest public road and the
sea. Implementation Plan 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
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.
• Vertical access to the bay is available near the site on Emerald Street. Also, South
Bay Front is a pedestrian boardwalk along the bay that is identified as lateral access
to the bay by the Coastal Land Use Plan. The proposed single-family residence does
not interfere with vertical or lateral access to the bay.
• The project site is not located adjacent to a coastal view road, public viewpoint, or
public accessway, as identified in the Coastal Land Use Plan. The site is located
approximately 650 feet from Balboa Island Park. Due to the large distance between
the proposed residence and the park, the project will not affect public views from the
park. Furthermore, all improvements in the front setback area of the subject property
is limited to 42-inches from existing grade. 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. However, the project
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will replace an existing single-family residence with a new single-family residence
that complies with all applicable LCP development standards and maintains a
building envelope consistent with the existing neighborhood pattern of development.
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.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under 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 3 exemption includes
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-2 Coastal
Zoning District.
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.
APPEAL PERIOD:
This action 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 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. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
___________________________
David S. Lee, Assistant Planner
JM/dl
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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03/13/2018
Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2019-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2019-032 FOR A NEW SINGLE-
FAMILY RESIDENCE LOCATED AT 132 SOUTH BAY AVENUE
(PA2019-119)
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, with respect to property located at 132 South Bay
Front, and legally described as Lot 9 and a portion of Lot 10 of Block 1, 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 2,723-square-foot, single-family residence with a 458-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 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 Two Unit Residential (RT-E) and the Coastal Zoning District is Balboa Island
(R-BI).
5. A public hearing was held on August 15, 2019, in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place, and
purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. 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 15315, 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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01-03-17
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 3,185 square feet and the proposed floor area
is 3,181 square feet.
b. The proposed development complies with the required setbacks, which are 5 feet
along the property line abutting South Bay Front, 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 meets the minimum 9.0 feet (NAVD88) 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 and duplexes. The proposed design, bulk, and scale of the development is
consistent with the existing neighborhood pattern of development and expected future
development.
3. The project site is separated from the Newport Bay by an existing City-owned bulkhead
and a public pedestrian boardwalk (South Bay Front). The bulkhead which protects the
subject property is part of a larger bulkhead system which surrounds Balboa Island. No
modification to the existing bulkhead is proposed with this project.
4. Pursuant to Municipal Code Section 21.35.050, due to the proximity of the development
to the shoreline and the development including more than 75-percent of impervious
surface area, a Water Quality Hydrology Plan (WQHP) is required. A WQHP prepared
by Robin B. Hamers & Associates, Inc., dated June 5, 2019, has been submitted and will
be reviewed by the City’s Engineer Geologist. The WQHP includes a polluted runoff and
hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to
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Zoning Administrator Resolution No. ZA2019-###
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01-03-17
retain the design storm runoff volume on site, and documentation of the expected
effectiveness of the proposed BMPs.
5. 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.
6. The project site is not located adjacent to a coastal view road, public viewpoint, or public
accessway, as identified in the Coastal Land Use Plan. The site is located approximately
650 feet from Balboa Island Park. Due to the large distance between the proposed
residence and the park, the project will not affect public views from the park. Furthermore,
all improvements in the front setback area of the subject property is limited to 42-inches
from existing grade. 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. However, the project will replace an existing single-family
residence with a new single-family residence that complies with all applicable LCP
development standards and maintains a building envelope consistent with the existing
neighborhood pattern of development. 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.
Fact in Support of Finding:
1. The project site is located on Balboa Island between the nearest public road and the sea.
Implementation Plan 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 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 Emerald Street. Also, South Bay
Front is a pedestrian boardwalk along the bay that is identified as lateral access to the bay
by the Coastal Land Use Plan. The proposed single-family residence does not interfere
with either vertical or lateral access to the bay.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2019-032, 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 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 AUGUST, 2019.
_____________________________________
Rosalinh Ung, Zoning Administrator
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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. CD2019-032 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 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.
5. 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.
6. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
7. 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.
8. 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.
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9. 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.
10. 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.
11. 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.
12. 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.
13. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In
compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and
similar construction activities shall occur between August 16 and January 31, outside of
the peak nesting period. If such activities must occur inside the peak nesting season from
February 1 to August 15, compliance with the following is required to prevent the taking of
Native Birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
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.
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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
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 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.
18. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the project 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.
19. 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.
20. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
21. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner, or the leasing agent.
22. This project shall comply with flood mitigation construction requirements for A01 SFHA.
23. This project shall comply with liquefaction mitigation construction requirements.
24. 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 Steckler Residence Coastal Development Permit including, but not
limited to, Coastal Development Permit No. CD2019-032 (PA2019-119). 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.
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03/13/2018
Attachment No. ZA 2
Vicinity Map
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03/13/2018
VICINITY MAP
Coastal Development Permit No. CD2019-032
PA2019-119
132 South Bay Front
Subject Property
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03/13/2018
Attachment No. ZA 3
Project Plans
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