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HomeMy WebLinkAbout20200227_Resolution_ZA2020-021Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL March 2, 2020 JLDB Attn: Julie Laughton 28885 Woodspring Cir Trabuco, CA 92679 julie@julielaughton.com Subject: CDP No. CD2019-063 (PA2019-245) 1616 West Ocean Front, Units A, B and C (Smith 507 LLC Residence Demolition) Dear Ms. Laughton, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on February 27, 2020 and is now within the required City appeal period until March 12, 2020. If no appeals are filed with the City, a Notice of Final Action will be mailed to the California Coastal Commission. Upon receipt of the notice by the Coastal Commission, the action will be subject to an additional 10-working-day appeal period. You may track status of the Coastal Commission appeal period via the following link: Statewide Appealable Projects PDF At the conclusion of both appeal periods, a building permit may be issued for the project. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, ___ Liz Westmoreland, Associate Planner 05-14-19 RESOLUTION NO. ZA2020-021 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-063 TO DEMOLISH AN EXISTING 3,516 SQUARE-FOOT NON-CONFORMING TRIPLEX AND 3-SPACE CARPORT LOCATED AT 1616 WEST OCEAN FRONT, UNITS A, B AND C (PA2019-245) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Julie Laughton (“Applicant”), with respect to property located at 1616 West Ocean Front, Units A, B and C (“Property”), requesting approval of a coastal development permit. 2. The lot at 1616 West Ocean Front (Units A, B and C) is legally described as Lot 8, Block 16, of Tract Section B Newport Beach. 3. The applicant proposes to demolish an existing 3,516 square-foot non-conforming triplex and 3-space carport (“Project”). No new construction is proposed at this time. Future redevelopment of a single-family home will require a separate application for a coastal development permit. A construction erosion control plan/Construction Pollution Prevention Plan (CPPP) will be implemented during and after demolition. 4. The 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 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 on February 27, 2020, 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 15303 Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures), because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2020-021 Page 2 of 7 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 three dwelling units and a three-space carport. 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 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 Project includes the demolition of an existing triplex, carports, and appurtenant facilities. The future redevelopment of the site for use as a single-family or two-unit development would require the approval of a separate coastal development permit. No new construction is proposed at this time. 2. The existing structure on the Property is non-conforming due to density and parking because the existing building contains three dwelling units and a three-space carport. The Planning and Zoning Code (Title 20) and Local Coastal Program Implementation Plan (Title 21) allow for up to two dwelling units maximum on site and a minimum of two parking spaces per dwelling unit. Any future redevelopment on the Property would be required to comply with Title 20 and Title 21 requirements related to density and parking. Therefore, demolition of the existing structures would remove an existing non-conforming use with deficient parking. 3. Although the Project includes the demolition of three dwelling units in the coastal zone, the Project is exempt from Chapters 20.34 and 21.34 (Conversion of Demolition of Affordable Housing). The Project is exempt because the City has less than 50 acres (in aggregate) of privately owned, vacant land available for residential use within the City’s coastal zone and three miles therefrom. 4. The Property is located adjacent to the Ocean Front Boardwalk and the beach. A construction erosion control plan/CPPP was provided to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived by construction chemicals and materials. The Project design also addresses water quality through the inclusion of a Zoning Administrator Resolution No. ZA2020-021 Page 3 of 7 02-03-2020 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. 5. The proposed demolition of the existing triplex would temporarily remove the structure from the view shed of the beach. Prior to and after demolition, temporary construction fencing would be erected along the property lines for safety and water quality purposes. Any future redevelopment of the site would be evaluated for potential impacts to public views as part of the coastal development permit process. 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 Property is located between the nearest public road and the sea or shoreline. 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 removes an existing non-conforming triplex on a standard R-2 lot that is deficient four required parking spaces. 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. Additionally, any future redevelopment of the site would require the approval of a Coastal Development Permit and would consist of a maximum of two units with code-required parking provided, reducing the demand for on-street parking needed for public access. 2. Vertical access to the beach is available near the site along 17th Street. Lateral access is available on the beach and boardwalk directly adjacent to the Property. 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 (“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, 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. CD2019-063, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2020-021 Page 4 of 7 02-03-2020 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the 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 27TH DAY OF FEBRUARY, 2020. Zoning Administrator Resolution No. ZA2020-021 Page 5 of 7 02-03-2020 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development (the demolition of an existing triplex, carports, and appurtenant facilities) shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property including the Ocean Front Boardwalk. 3. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 4. This Coastal Development Permit does not authorize any new construction, only the demolition of the existing triplex and appurtenant structures on -site. 5. The applicant is responsible for compliance with the Migratory B ird 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 oc cur 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. 6. 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/CPPP. 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 Zoning Administrator Resolution No. ZA2020-021 Page 6 of 7 02-03-2020 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. 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. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 11. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 12. 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. 13. 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 inju rious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 14. Prior to the issuance of building permits for demolition, the applicant shall submit a final construction erosion control plan/CPPP. The plan shall be subject to the review and approval by the Building Division. 15. 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. 16. 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. 17. 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. 18. This Coastal Development Permit No. CD2019-063 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. Zoning Administrator Resolution No. ZA2020-021 Page 7 of 7 02-03-2020 19. 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 Smith 507 LLC Residence Demoltion including, but not limited to, Coastal Development Permit No. CD2019-063 (PA2019-245). 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.