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HomeMy WebLinkAboutZA2022-042 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2022-007 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW TWO (2)-STORY, SINGLE-FAMILY RESIDENCE WITH AN ATTACHED THREE (3)-CAR GARAGE AT 319 VIA LIDO SOUD (PA2022-014)RESOLUTION NO. ZA2022-042 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2022-007 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW TWO (2)-STORY, SINGLE-FAMILY RESIDENCE WITH AN ATTACHED THREE (3)-CAR GARAGE AT 319 VIA LIDO SOUD (PA2022-014) 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 (“Applicant”), on behalf of 319 VIA LIDO SOUD, LLC (“Owner”), with respect to property located at 319 Via Lido Soud, requesting approval of a coastal development permit (“CDP”). 2. The property is legally described as Lot 908 and southeasterly one (1)-half of Lot 907 of Tract 907, in the City of Newport Beach, County of Orange, State of California. 3. The Applicant proposes to demolish an existing single-family residence and construction of a new, two (2)-story 5,170-square-foot single-family residence and attached 764-square-foot, three (3)-car garage. The project includes the raising and reinforcing of an existing bulkhead for protection against coastal hazards. The project also includes additional appurtenances such as site walls, fences, patios, a spa, drainage devices, and landscaping. The design complies with all applicable development standards, including height, setbacks, and floor area limit, 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-C (Single Unit Residential Detached – 10.0 - 19.9 DU/AC) and the property is located within the R-1 (Single-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 15303, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (“CEQA”) under Class 3 (New Construction or Zoning Administrator Resolution No. ZA2022-042 Page 2 of 9 Conversion of Small Structures), because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the demolition and construction of limited numbers of new, small facilities or structures including a single-family residence in a residential zone. The proposed project consists of the demolition of an existing single-family residence and the construction of a new 5,170-square-foot, single-family residence with an attached 764-square-foot garage in the R-1 Zoning District and is consistent with 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 proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. A. The total proposed floor area, including the residence and enclosed parking, is 5,934 square feet, which complies with the maximum allowable floor area limit of 7,900 square feet. B. The proposed development will provide the minimum required setbacks, which are ten (10) feet along the front property line abutting waterfront, four (4) feet along the front property line abutting Via Lido Soud, and four (4) feet along each side property line. C. The highest guardrail is no more than 24 feet in height, and the highest roof ridge is no more than 29 feet in height, measured from the established grade level of 12.44 feet based on the North American Vertical Datum of 1988 (“NAVD88”), which complies with the maximum height limitation. D. The project includes enclosed garage parking for three (3) vehicles, which complies with the minimum parking requirement for single-family residences with more 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. Zoning Administrator Resolution No. ZA2022-042 Page 3 of 9 3. The project site is protected by an existing bulkhead that will be raised and reinforced for protection against coastal hazards. The existing bulkhead will be increased in height from 9.58 feet North American Vertical Datum of 1988 (NAVD88) to a height of 12.60 feet (NAVD88). The bulkhead can be raised to 14.4 feet without further bayward encroachment to protect the property if needed in the future. The finished floor elevation of the first floor of the existing living area is 13.11 feet (NAVD88), which exceeds the minimum 9.0-foot (NAVD88) elevation standard for new structures and exceeds the minimum requirements for sea level rise (10.75 feet NAVD88) for the anticipated 75-year life of the structure. 4. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA Consulting, Inc., dated January 10, 2022, for the project. The current maximum bay water elevation is 7.7 (NAVD88) and is not expected to exceed the 12.60 feet (NAVD88) top of bulkhead elevation during high tide or storm events. The report analyzes future sea level rise scenarios assuming a 3.05-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 10.75 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). 5. 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). PMA Consulting Inc., Inc. has confirmed the bulkhead design can be raised up to 14.4 feet (NAVD88) if needed and in compliance with the updated guidelines. 6. Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(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). 7. 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. 8. 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. Zoning Administrator Resolution No. ZA2022-042 Page 4 of 9 9. Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), 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., dated January 11, 2022. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of a Low Impact Development (LID) approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. 10. 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. 11. New landscaping will be verified for compliance with NBMC Section 21.30.075 (Landscaping). Condition of Approval No. 11 is included to require drought-tolerant, and prohibits invasive, species. Prior to issuance of the building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 12. 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. The closest public viewpoint is located at the Via Lido bridge 1,200 feet to the northwest. 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 replacement of an existing single-family residence with a new single-family residence. Therefore, the project Zoning Administrator Resolution No. ZA2022-042 Page 5 of 9 does not involve a change in land use, density, or intensity that will result in increased demand on public access and recreation opportunities. 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. Coastal access to the public sandy beach areas is currently provided and will continue to be provided at various street ends throughout the neighborhood, with the nearest to the project site located at Via Firenze and Via Lido Soud. 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. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2022-007, 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 (Appeal to the Coastal Commission) 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 16TH DAY OF JUNE, 2022. Zoning Administrator Resolution No. ZA2022-042 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. CD2022-007 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 issuance of a building permit, Certificate of Compliance No. CO2022-008 shall be recorded. 9. Prior to the issuance of building permit, 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 to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns. 10. Prior to the issuance of a building permit, the property owner shall sign 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 Zoning Administrator Resolution No. ZA2022-042 Page 7 of 9 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, judgements, 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. The letter shall be scanned into the plan set prior to building permit issuance. 11. Prior to the issuance of a building permit, 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. 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. 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. 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. 18. 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. ZA2022-042 Page 8 of 9 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 the 319 VIA LIDO SOUD, LLC Residence including, but not limited to, Coastal Development Permit No. CD2022-007 (PA2022-014). 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 20. All improvements shall be constructed as required by Ordinance and the Public Works Department. 21. Prior to issuance of final building permits, an encroachment permit is required for all work activities within the public right-of-way/easement area. 22. Prior to issuance of final building permits, the proposed decorative hardscape within the utility easement requires an encroachment permit and encroachment agreement. 23. Any damaged curb and gutter shall be reconstructed per City Standard. 24. All improvements shall comply with the City’s sight distance requirement. See City Standard STD# 110. Fire Department 25. Prior to issuance of final building permits, fire sprinklers shall be required for this project. Building Division 26. The property is located in Special Flood Hazard Area AE8. Prior to issuance of building permits, the project must comply with NBMC 15.50 and 15.05.100. 27. The property is in a Soils Liquefaction Seismic Hazard Area. Prior to issuance of building permits, the soils report must include recommendations for construction on liquefiable soils including calculations for seismic settlement according to City of Newport Beach Building Code Policy CBC 1803.5 and the building foundation must comply with Policy CBC 1805.5.11-12. Zoning Administrator Resolution No. ZA2022-042 Page 9 of 9 28. Prior to issuance of building permits, a Water Quality Management Plan (WQMP) is required. If some soil runoff drains into Newport Bay (an Environmentally Sensitive Receiving Water), approval by the Public Works/Harbor Department will be required. 29. Prior to issuance of building permits, the top elevation of the sea wall shall be required to comply with the requirements set forth in Table 2 of the City of Newport Beach Harbor Design Criteria, dated January 25, 2022.