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HomeMy WebLinkAboutZA2022-082 - APPROVING COASTAL DEVELOPMENT PERMIT TO REMOVE AN EXISTING SINGLE-STORY, SINGLE-FAMILY MANUFACTURED HOME AND INSTALL A NEW SINGLE-STORY, SINGLE-FAMILY MANUFACTURED HOME LOCATED AT 301 LEXINGTON CIRCLE (PA2022-0203)RESOLUTION NO. ZA2022-082 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT TO REMOVE AN EXISTING SINGLE-STORY, SINGLE-FAMILY MANUFACTURED HOME AND INSTALL A NEW SINGLE-STORY, SINGLE-FAMILY MANUFACTURED HOME LOCATED AT 301 LEXINGTON CIRCLE (PA2022-0203). THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Steve Almquist (“Applicant”) on behalf of Susan Hoffman (“Manufactured Home Owner”), with respect to property located at 301 Lexington Circle, legally described as Parcel 1 of Resub-division No. 0995 (Parcel Map No. 91-111) requesting approval of a coastal development permit. 2. The Applicant proposes the removal of an existing single-story, single-family manufactured home and the installation of a new single-story, single-family manufactured home. The development also includes a single-car carport, entry stairs and landings, hardscape, and landscape. The development complies with all applicable Municipal Code Standards and no deviations are requested. All improvements are shown on the attached project plans. 3. The subject property is designated Multiple-Unit Residential ("RM") by the General Plan Land Use Element and is located within the Bayside Village Mobile Home Park Planned Community ("PC-1") Zoning District. 4. The subject site is located within the coastal zone. The Coastal Land Use Plan category is Multiple-Unit Residential – 10.0 – 19.9 DU/AC (“RM-C”) and it is located within the Bayside Village Mobile Home Park ("PC-1") Coastal Zone District. 5. A public hearing was held on December 15, 2022, online via Zoom. A notice of the 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, Division 6, 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. ZA2022-082 Page 2 of 6 10-18-21 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 removal of one single-family manufactured home and the installation of a new single- family manufactured home with accessory structures and improvements. SECTION 3. REQUIRED FINDINGS. In accordance with 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 development standards identified by the PC-1 Development Plan and the proposed design is in substantial conformance with the approved site plan. a. The project is within the confines of the manufactured home site lines. b. The project has been reviewed and approved by the Manufactured Homeowner, as evidenced by the Application for a Permit to Construct included with the application. c. The project includes a parking area for one vehicle, complying with the minimum parking requirement per site. 2. The Bayside Village Mobile Home Park is predominantly developed with single- and two-story, mobile/manufactured homes. The proposed design, bulk, and scale of the development are consistent with the existing pattern of development and expected future development consistent with applicable development standards. 3. The Bayside Village Mobile Home Park is comprised of Parcel 1 (south) and Parcel 2 (north) of Parcel Map No. 93-111. The project site is centrally located within the south parcel, surrounded by other homes, and more than 700 feet from Newport Bay. The project site is at an approximate elevation of 15 feet based on the North American Vertical Datum of 1988 (NAVD 88). 4. 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. Zoning Administrator Resolution No. ZA2022-082 Page 3 of 6 10-18-21 5. The building codes for the construction and installation of a manufactured home are contained within the California Health and Safety Code. The State of California Department of Housing and Community Development (“HCD”) issues all construction permits. The applicant has provided evidence of approval from the State, as well as the Manufactured Home Owner. Finding: B. Conforms to 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, and the existing residential development neither provides nor inhibits public coastal access. NBMC 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 replaces an existing single-family manufactured home within an existing mobile/manufactured home park with a new single-family manufactured home. Therefore, the project does not involve a change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities. 2. Bayside Drive bisects the northern and southern parcels of the Bayside Village Mobile Home Park and provides access to the Newport Dunes, which houses several coastal recreational opportunities for the public’s use. 3. The mobile/manufactured home park abuts Coast Highway, a public coastal view road. It is separated from the public right-of-way by an existing site wall that is approximately 7 feet tall and provides limited views across. 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 will replace an existing single-family manufactured home with a new single-family manufactured home that complies with all applicable Local Coastal Program development standards and maintains a building envelope consistent with the existing 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 on public views. 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. Zoning Administrator Resolution No. ZA2022-082 Page 4 of 6 10-18-21 2. The Zoning Administrator of the City of Newport Beach hereby approves the coastal development permit ( PA2022-0203), 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. PASSED, APPROVED, AND ADOPTED THIS 15 DAY OF DECEMBER, 2022. Zoning Administrator Resolution No. ZA2022-082 Page 5 of 6 10-18-21 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. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter the sensitive habitat, receiving waters, or a storm drains or results in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands, or their buffers. 3. 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 Pollution Prevention Plan (CPPP). 4. 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 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 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 development. The letter shall be scanned into the plan set prior to building permit issuance. 5. 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. 6. 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. 7. Trash and debris shall be disposed of in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 8. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. Zoning Administrator Resolution No. ZA2022-082 Page 6 of 6 10-18-21 9. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 10. The Applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 11. 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 are detrimental to the public health, and welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 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. 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. 14. This Coastal Development Permit No. PA2022-0203 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. 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 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 Danner Residence including, but not limited to, Coastal Development Permit (PA2022-0203). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages, which the 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.