HomeMy WebLinkAboutZA2021-008 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-144 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW THREE-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED 2-CAR GARAGE LOCATED AT 1120 WEST BAY AVENUE (PA2020-304)05-14-19
RESOLUTION NO. ZA2021-008
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2020-144 TO
DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND
CONSTRUCT A NEW THREE-STORY SINGLE-FAMILY
RESIDENCE AND ATTACHED 2-CAR GARAGE LOCATED AT
1120 WEST BAY AVENUE (PA2020-304)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brandon Architects, Inc (Applicant), with respect to property
located at 1120 West Bay Avenue and legally described as Lot 6 of Block 4 of Tract 626,
requesting approval of a coastal development permit.
2. The applicant proposes to demolish an existing single-family residence and construct a
new 3,719-square-foot, three-story, single-family residence and an attached 653-square-
foot garage. The project also includes the installation of landscaping, hardscaping,
drainage, and site walls. A new bulkhead was approved for the site by the California
Coastal Commission (Permit No. 5-19-1513). The bulkhead will be constructed in
conjunction with the new residence. All improvements will be located on private property.
The design complies with all applicable development standards and no deviations are
requested.
3. The subject property is designated RS-D (Single Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1 (Single-Unit Residential)
Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-C (Single Unit Residential Detached) - (10.0 – 19.9 DU/AC) and it is
located within the R-1 (Single-Unit Residential) Coastal Zone District.
5. A public hearing was held online on February 11, 2021, 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, of the CEQA, Guidelines for Implementation of the California
Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of
Small Structures), California Code of Regulations, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment.
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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 one single-family residence and the construction of a new 3,719-square-
foot, three-story, single-family residence and an attached 653-square-foot garage.
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 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 4,618 square feet and the proposed floor area
is 4,372 square feet.
b. The proposed development provides the minimum required setbacks, which are 25
feet along the waterfront property line, 3 feet along each side property line, and 5
feet along the property line abutting West Bay Avenue.
c. The highest guardrail is less than 24 feet from established grade of 9.00 feet based
on the North American Vertical Datum of 1988 (NAVD88). The highest ridge is no
more than 29 feet from established grade, which complies with the maximum height
requirements.
d. The project includes garage 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 living area.
2. The adjacent waterfront residences are zoned R-1 with a density of 10.0 to 19.9 dwelling
units per acre while the properties across W Bay Avenue are zoned R-2 with a density
of 20.0 - 29.9 dwelling units per acre. Both zoning districts are predominantly developed
with two and three-story residences. The proposed design, bulk, and scale of the
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development is consistent with the existing and expected future neighborhood pattern
of development.
3. A Coastal Hazards Report and Sea Level Rise Analysis was originally prepared by
GeoSoils, Inc. dated July 8, 2019 (revised December 21, 2020). The current maximum
bay water elevation is 7.7 feet (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 with
the design of the proposed residence and the construction of a new bulkhead, flooding,
wave runup, and erosion will not adversely impact this property over the proposed 75-
year economic life of the development. No additional protective devices will be
necessary to protect the proposed development from any existing or anticipated future
coastal hazards. The project has been conditioned to provide a foundation curb up to 9.5
feet NAVD88, to construct a new bulkhead (as designed and approved by the California
Coastal Commission), and the future installation of waterproofing above 9.5 feet
(NAVD88) as necessary as an adaptation to coastal hazards
4. The lowest finished floor elevation of the proposed single-family residence is 9.0 feet
(NAVD88) which complies with the minimum 9.0-foot (NAVD88) elevation standard.
5. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) - (Natural Landform and Shoreline
Protection), 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
conditions of approval that will need to be satisfied prior to the issuance of building permits
for construction.
6. 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 the CBC prior to building permit issuance.
7. The property is 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 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.
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8. 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 Water Quality and Hydrology Plan (WQHP)
is required. A preliminary WQHP has been prepared for the project by Forkert Engineering
& Surveying 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 Implementation Plan Section 21.30.075
(Landscaping). 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 coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is over 1,500 feet from the project site, near Veteran’s Memorial Park and Marina
Park. This viewpoint is not visible from the site. Furthermore, the proposed single-family
residence complies with all applicable Local Coastal Program (LCP) development
standards and maintains a building envelope consistent with the expected future pattern
of development for the neighborhood. The project does not contain any unique features
that could degrade the visual quality of the coastal zone. As a bayfront property, the
residence and patio will be visible from the water. The design complies with all required
setbacks which minimizes the appearance of building bulk and the design uses
architectural treatments which will enhance views from the water.
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.
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 located on standard R-1 lot 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 (appropriate height, setbacks, etc.) so as not to block or impede
existing public access opportunities.
2. Access to the bay is available at either end of the block where both 11th Street and 12th
Street dead-end into small, sandy, beaches. The project does not include any features that
would obstruct access at either point.
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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
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 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.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2020-144, 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 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 NBMC. 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 11TH DAY OF FEBRUARY 2021.
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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. Prior to final of building permits for the new residence, a new bulkhead shall be
constructed to an elevation of 10.60 feet NAVD88 datum, in substantial conformance
with the drawings approved by the California Coastal Commission (Permit No. 5-19-
1513).
3. Waterproofing above an elevation 9.0 feet NAVD88 shall be installed as necessary as
an adaptation to coastal hazards.
4. 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 against
the property owners and successors and assigns.
5. Prior to the issuance of a building permit, the property owner shall submit a notarized
signed letter acknowledging all hazards present at the site, assuming the risk of injury
or damage from such hazards, unconditionally waiving any claims of damage against
the City from such hazards, and to indemnify and hold harmless City, its City Council, its
boards and commissions, officials, officers, employees, and agents from and against any
and all claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including without limitation,
attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which
may arise from or in any manner relate (directly or indirectly) to City’s approval of
development. This letter shall be scanned into the plan set prior to building permit issuance.
6. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
wetlands or their buffers. No demolition or construction materials shall be stored on
public property.
7. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
8. This Coastal Development Permit does not authorize any development seaward of the
private property.
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9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
15. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
16. 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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17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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 CPPP and WQHP/WQMP and any changes could require separate review
and approval by the Building Division.
23. 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.
24. 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.
25. 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.
26. Should the property be sold or otherwise come under different ownership, any future
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owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
27. This Coastal Development Permit No. CD2020-144 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.
28. 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 JL Oceanfront LLC and Waterfront 777 Residence including, but not limited to,
Coastal Development Permit No. CD2020-144 (PA2020-304). 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.