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HomeMy WebLinkAboutZA2022-037 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2022-008 FOR ADDITIONS TO AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 415 NORTH STAR LANE (PA2022-020) RESOLUTION NO. ZA2022-037 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2022-008 FOR ADDITIONS TO AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 415 NORTH STAR LANE (PA2022-020) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Gordon and Kristen Gray (“Applicants”), with respect to property located at 415 North Star Lane, requesting approval of a coastal development permit (“CDP”). 2. The property is legally described as Lot 113 of Tract 4224, in the City of Newport Beach, County of Orange, State of California. 3. The Applicant proposes to construct a 990-square-foot second story addition, add an elevator, and convert 190 square-feet of garage to living area within an existing single- family residence with an attached 2-car garage and a detached 2-car garage. A CDP is required for the project since the proposed addition exceeds 10 percent of the existing floor area. No site improvements or bulkhead repair are proposed as part of the scope of work. The project complies with all applicable development standards, including height, setbacks and parking, and no deviations are requested. 4. The subject property is designated RS-D (Single Unit Residential Detached) by the General Plan Land Use Element and is located within the R-1-6,000 (Single-Unit Residential) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD-B (Single Unit Residential Detached [6.0 – 9.9 DU/AC]) and the property is located within the R-1-6,000 (Single-Unit Residential) Coastal Zone District. 6. A public hearing was held on May 26, 2022, via Zoom. 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 15301, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (“CEQA”) under Class 1 (Existing Facilities), because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2022-037 Page 2 of 9 2. Class 1 exemption includes additions of less than 50 percent to existing structures. The proposed project consists of a 990-square-foot second story addition and the conversion of 190 square-feet of garage to living area. Net additions to the existing structure are approximately 35 percent. Therefore, the project complies with the scope identified under the Class 1 exemption. SECTION 3. REQUIRED FINDINGS. In accordance with Newport Beach Municipal Code (“NBMC”) Section 21.52.015 (Coastal Development Permits, Findings and Decision), 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, setbacks, height, and on-site parking. A. The proposed development will provide the minimum required setbacks, which are ten (10) feet along the front property line abutting Newport Bay, six (6) feet along the rear property line, and six (6) feet along each side property lines. B. The highest guardrail is no more than 24 feet high, and the highest roof ridge is no more than 29 feet in height, measured from the established grade level of 10.8 feet based on the North American Vertical Datum of 1988 (“NAVD88”), which complies with the maximum height limitation. C. The project includes enclosed garage parking for four (4) vehicles, which exceeds the minimum parking requirement for single-family residences with less than 4,000 square feet of habitable floor area. 2. The neighborhood is predominantly developed with one (1)- and two (2)-story, single- family residences. The proposed design, bulk, and scale of the development will be consistent with the existing neighborhood pattern of development and expected future development. 3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared Geo Soils, Inc. dated November 5, 2021, for the project. The current maximum bay water elevation is 7.7 North American Vertical Datum of 1988 (NAVD88) and is not expected to exceed the existing 10.9 feet (NAVD88) top of bulkhead elevation during high tide or storm events. The report analyzes future sea level rise scenarios assuming a 3-foot increase in the maximum water level over the next 75 years (i.e., the life of the structure). Therefore, the sea level is estimated to reach approximately 10.7 feet (NAVD88) - (the likely range Zoning Administrator Resolution No. ZA2022-037 Page 3 of 9 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). 4. On March 23, 2021, the City Council approved updated Waterfront Project Design Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities. The guidelines require that any bulkhead structure permitted within the years 2021 through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD88) with a design for adaptability elevation of 14.4 feet (NAVD88). The project has been conditioned to raise the bulkhead to an elevation of 10.9 feet (NAVD88). Geo Soils, Inc. has confirmed the bulkhead design can be raised up to 14.4 feet (NAVD88) if needed and in compliance with the updated guidelines. 5. The existing seawall/bulkhead does not need to be repaired/replaced per the report’s recommendations, flooding, wave runup, and erosion will not significantly impact this property over the proposed 75-year economic life of the development. The report concludes that the proposed project will be safe from flooding hazards for the next 75 years with the existing bulkhead. 6. The finished floor elevation of the first floor of the existing living area is 11.56 feet (NAVD88), which exceeds the minimum 9.0-foot (NAVD88) elevation standard for new structures and exceeds the minimum requirements for sea level rise (10.9 feet NAVD 88) for the anticipated 75-year life of the structure. 7. Pursuant to NBMC Section 21.30.030(C)(3)(d)(i)(iv) – (Development Standards - Protective Structures), 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). This requirement is included as a condition of approval that will need to be satisfied prior to final building permit inspection, respectively 8. 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). This requirement is included as a condition of approval that will need to be satisfied prior to the issuance of building permits, respectively. 9. 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. 10. The property is located adjacent to coastal waters. A Construction Erosion Control Plan was provided to implement temporary Best Management Practices (BMPs) during Zoning Administrator Resolution No. ZA2022-037 Page 4 of 9 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. 11. The project design addresses water quality with a construction erosion control plan that outlines temporary Best Management Practices (BMPs) to be implemented during construction to minimize erosion and sedimentation, and to minimize pollution of runoff derived by construction chemicals and materials. No water quality impacts to coastal waters are anticipated based upon the location and elevation of the property. 12. 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. 13. The property is not located near designated public viewpoints or coastal view roads and will not impact public coastal views. The project site is not located adjacent to a coastal view road, public viewpoint, public park or beach, or public accessway, as identified in the Coastal Land Use Plan. Furthermore, an investigation of the project site and surrounding area did not identify any other public view opportunities. The project site may be located within the viewshed of distant public viewing areas, however the project is located on a coastal lot and will replace an existing single-family home with a new single-family home that complies with all applicable Local Coastal Program 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. Facts in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public’s ability to gain access to use and/or view the coast and nearby recreational facilities. The existing residential development neither provides nor inhibits public coastal access. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project involves additions to an existing 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. Zoning Administrator Resolution No. ZA2022-037 Page 5 of 9 2. The project is designed and sited so as not block or impede existing public access opportunities and occurs within the confines of private property. Existing coastal access conditions will not be affected by the project. Vertical and lateral coastal access is currently provided and will continue to be provided by North Star Beach, immediately across the street to the north of the subject property. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2022-008, 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 26TH DAY OF MAY, 2022. Zoning Administrator Resolution No. ZA2022-037 Page 6 of 9 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. 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. CD2022-008 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 21.54.060 (Time Limits and Extensions), unless an extension is otherwise granted. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. 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. 6. 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. 7. 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. 8. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. The existing seawall shall be maintained with a minimum top of wall elevation of 10.9 feet with adaptability up to 14.4 feet (NAVD88 datum) in accordance with the recommendations provided in the Coastal Hazards Report and Sea Level Rise Analysis prepared by Geo Soils, Inc. dated November 5, 2021. 10. 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 Zoning Administrator Resolution No. ZA2022-037 Page 7 of 9 bulkhead or other shoreline protective device. The agreement shall be binding against the property owners and successors and assigns. 11. 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. 12. This approval does not authorize any new or existing improvements (including landscaping) on California Coastal Permit Jurisdiction, State tidelands, public beaches, or the public right-of-way. Any improvements located on tidelands, submerged lands, and/or lands that may be subject to the public trust shall require a coastal development permit (CDP) approved by the California Coastal Commission (Coastal Commission). Prior to the issuance of building permits, the applicant shall provide a copy of said coastal development permit or CDP waiver or documentation from the Coastal Commission that subject improvements are not subject to the permit requirements of the Coastal Act and/or not located within the permit jurisdiction of the Coastal Commission. 13. 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, wetland or their buffers. 14. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 15. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stockpiles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 16. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 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. Zoning Administrator Resolution No. ZA2022-037 Page 8 of 9 18. 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 Gray Residence including, but not limited to, Coastal Development Permit No. CD2022-008 (PA2022-020). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Public Works Department 19. All improvements shall be constructed as required by Ordinance and the Public Works Department. 20. An encroachment permit is required for all work activities within the public right-of-way. 21. The damaged driveway approach shall be reconstructed per City Standard STD#162. 22. A new 36-inch box street tree shall be installed along the North Star Lane frontage. 23. All non-standard hardscape including pavers and rock within the North Star Lane frontage shall be removed and turf or drought tolerant landscaping installed. 24. The existing driveway shall be plugged per City Standard STD# 165. 25. A new sewer clean out shall be installed on the existing sewer lateral per City Standard STD# 406. 26. All improvements shall comply with the City’s sight distance requirement. See City Standard STD# 110. Building Division 27. Prior to issuance of a building permit, the approved Construction Pollution Prevention Plan (CPPP) shall be submitted with the Building Permit plans. Implementation shall be in compliance with the approved CPPP, and any changes could require separate review and approval by the Building Division. 28. A drainage plan will be required due to new roof structure over second floor addition. Any other new or replaced impervious surface areas must be included in determining Zoning Administrator Resolution No. ZA2022-037 Page 9 of 9 the required means of collecting site water runoff for percolation into site soils before discharging to city storm drain system.