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HomeMy WebLinkAboutPA2022-058_20220616_Resolution_ZA2022-043Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL June 20, 2022 Mr. Thomas Burger 33751 Pequito Drive Dana Point, CA 92629 tom@thomasburgerarchitect.com Subject: Coastal Development Permit No. CD2022-020 (PA2022-058) at 2641 Circle Drive (Menninger Residence) 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 June 16, 2022 and is now within the required City appeal period until June 30, 2022. 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, ls/MKN 05-14-19 RESOLUTION NO. ZA2022-043 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-020 TO DEMOLISH AN EXISTING ATTACHED TWO (2)-CAR GARAGE AND GUEST ROOM AND CONSTRUCT A NEW TWO (2)-CAR GARAGE WITH GOLF CART GARAGE AND AN ACCESSORY DWELLING UNIT (ADU) ABOVE LOCATED AT 2641 CIRCLE DRIVE (PA2022-058) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Thomas Burger Architect (Applicant), with respect to property located at 2641 Circle Drive, requesting approval of a coastal development permit. 2. The parcel at 2641 Circle Drive is legally described as Lot 28, Tract 1102. 3. The Applicant proposes demolition of an attached, two (2)-car garage that serves an existing single-family residence and the construction of an attached 641-square-foot, two (2)-car and golf cart garage with a 596-square-foot accessory dwelling unit (ADU) above. The design complies with all applicable development standards 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 (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 is located within the R-1 (Two-Unit Residential) Coastal Zone District. 6. A public hearing was held on June 16, 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. 2. Class 1 exempts minor additions and alterations to existing structures. The project consists of the demolition of an existing attached two (2)-car garage and guest room Zoning Administrator Resolution No. ZA2022-043 Page 2 of 8 and the construction of an attached two (2)-car and golf cart garage with a 596-square foot ADU above. The project involves additions to an existing structure that does not result in an increase of more than 50 percent of the floor area of the structure before the addition and the project therefore falls within the limits of this 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 (LCP). Facts in Support of Finding: 1. The project complies with all applicable residential development standards including, but not limited to, setbacks, floor area limitation, height, and parking. A. The proposed development will provide the minimum required setbacks, which are ten (10) feet along the front property line abutting Bay Shore Drive, ten (10) feet along the rear property line, and three feet along each side property line. There are no additional setback requirements for an ADU above a garage. B. The proposed floor area, including the principal residence, enclosed parking and ADU, is 3,994 square feet, which complies with the maximum allowable floor area limit of 5,440 square feet. C. The highest ridge is no more than 29 feet from established grade, which complies with the maximum height requirements. The ADU addition above a garage is subject to the same height limitations as the underlying zoning district. D. The project includes enclosed parking for two (2) vehicles and a golf cart, which exceeds the minimum parking requirement for single-family residences with less than 4,000 square feet of habitable floor area. E. 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 (1)-half mile of a public transit. NBMC Subsection 21.48.200(C)(9)(c)(ii) – (Development Standards - Parking) 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 an Orange County Transportation Authority (OCTA) bus stop located at West Pacific Coast Highway and Bayshore Drive. This bus stop is approximately 0.3-miles walking distance from the project Zoning Administrator Resolution No. ZA2022-043 Page 3 of 8 site. The OCTA Route 1 bus serves this stop and is identified in the OCTA system map as a route offering regular weekday service. F. 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. 2. The neighborhood is predominantly developed with one (1)- and two (2)-story single-family residences. The design, bulk, and scale of the project is consistent with the existing and anticipated neighborhood pattern of development. The new garage and second level ADU are designed to complement the existing single-family residence with respect to architectural style, roof pitch, color, and materials. 3. The project site is located more than 500 feet from the mean high tide line and is separated from the water by Circle Drive, Bay Shore Drive, and several rows of existing residential development. The finished first floor elevation of the proposed garage is 12.94 feet based on the North American Vertical Datum of 1988 (NAVD88), and the new living area is located above the garage with a finish floor elevation of 25.70 feet, which exceeds the minimum required 9.00-foot (NAVD88) elevation standard. The overall height of the addition is 27 feet 3 inches measured from the average/established grade at 12.99 feet. 4. 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. 5. 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. 6. The property is not located on the shoreline nor is it located within 100 feet of coastal waters. The project design addresses water quality with a construction erosion control plan and a post construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event run-off on-site. Any water not retained on-site is directed to the City’s storm drain system. 7. 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 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 Zoning Administrator Resolution No. ZA2022-043 Page 4 of 8 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 in the private community of Bayshores. Developed in 1941, Bayshores is a 258-lot, single-family gated community located on the Lido Channel, southwest of Coast Highway and Newport Bay Bridge. The 39-unit Anchorage Apartment complex is also located within the community. The community is accessible from West Coast Highway via Bay Shore Drive, a private street. The shoreline is on the south and east sides of the community and consists of bulkheads and two (2) small sandy beaches. 2. The residential lot does not currently provide, nor does it inhibit public coastal access. Vertical and lateral access to the bay front is available adjacent to the Bayshores community at the Balboa Bay Club, immediately north of the Bayshores community. 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 15301 under Class 1 (Existing Facilities) 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. CD2022-020, 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. Zoning Administrator Resolution No. ZA2022-043 Page 5 of 8 PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF JUNE, 2022. Zoning Administrator Resolution No. ZA2022-043 Page 6 of 8 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. CD2022-020 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. 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, prohibiting use of the ADU for short term rentals (i.e., less than 30 days) and also prohibiting the sale of the ADU separate from the principal dwelling. This deed restriction shall remain in effect so long as the accessory dwelling unit exists on the property. 5. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 Zoning Administrator Resolution No. ZA2022-043 Page 7 of 8 or result in impacts to environmentally sensitive habitat areas, streams, wetland, or their buffers. 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. 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. 15. 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 Menninger Residence including, but not limited to, Coastal Development Permit No. CD2022-020 (PA2022-058). 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 16. Prior to issuance of final building permits, an encroachment permit is required for all work activities within the public right-of-way/easement area. Building Division 17. Prior to issuance of building permits, a soils report will be required according to City of Newport Beach Building Code (NBBC) Policy No. CBC 1803.5 (formerly NBMC 15.10.010). Zoning Administrator Resolution No. ZA2022-043 Page 8 of 8 18. The property is located within a Soils Liquefaction Seismic Hazard Area identified by the State of California. Prior to issuance of building permits, the soils report will need to include computations for seismic settlement according to NBBC Policy No. CBC 1803.5.11-12. The foundation system will need to be constructed according to one (1) of the shallow liquefaction mitigation methods listed in the policy. 19. Prior to the issuance of building permits, the walls and floor separating the ADU from main dwelling and garage will be required to be one (1)-hour fire resistance rated Walls separating the ADU from the main dwelling shall comply with air-borne and/or impact sound rating in accordance with NBMC 15.05.230.