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HomeMy WebLinkAboutZA2023-008 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING OFFICE AND GUEST UNIT WITH AN ATTACHED GARAGE AND TO CONVERT THE LOWER LEVEL OF AN EXISTING (2)-STORY SINGLE-FAMILY RESIDENCE TO AN ADU LOCATED AT 2252 MESA DRIVE (PA2022-0237)01-10-2023 RESOLUTION NO. ZA2023-008 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING OFFICE AND GUEST UNIT WITH AN ATTACHED GARAGE AND TO CONVERT THE LOWER LEVEL OF AN EXISTING TWO (2)- STORY SINGLE-FAMILY RESIDENCE TO AN ACCESSORY DWELLING UNIT LOCATED AT 2252 MESA DRIVE (PA2022- 0237) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Phil Edmondson of Pacific Coast Architects, concerning property located at 2252 Mesa Drive, requesting approval of a coastal development permit. The property is legally described as Parcel 1 of Parcel Map No. 906 as recorded in Book 9 Page 17 of Parcel Maps, at the County of Orange, California. 2. The applicant requests a coastal development permit to allow the demotion of an existing 2,011-square-foot office and guest unit with an attached 1,750-square-foot garage and to convert the lower level of an existing two (2)-story single-family residence to a 1,151- square-foot attached accessory dwelling unit (ADU). The project complies with all applicable development standards and no deviations are requested. The project includes landscaping where the existing office, guest unit, and garage are to be demolished.. 3. The subject property is designated RS-D (Single Unit Residential Detached) by the General Plan Land Use Element and is located within the SP-7 (Santa Ana Heights Specific Plan, Residential Equestrian sub-area) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD-A (Single Unit Residential Detached) and it is located within the SP-7 (Santa Ana Heights Specific Plan) Coastal Zone District. 5. A public hearing was held on February 16, 2023, online via Zoom. A notice of the time, place, and purpose of the hearing was given by 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, 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. ZA2023-008 Page 2 of 9 01-10-2023 2. Class 3 exempts the demolition of up to three (3) single-family residences and additions of up to 10,000 square feet to existing structures. The proposed project consists of the demolition of an office and guest unit with an attached 1,750-square-foot garage and the conversion of the lower level of an existing two (2)-story single-family residence to a 1,151- square-foot attached accessory dwelling unit. 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 Newport Beach Municipal Code, 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 proposed development provides the minimum required setbacks, which are 20 feet along the front property line abutting Mesa Drive, 5 feet along each side property line, and 25 feet along the rear property line. The proposed project will demolish an existing office and guest unit with a garage and convert the lower level of an existing single-family residence to an accessory dwelling unit. No increase in square footage is proposed as part of this project. b. The highest ridge of the existing single-family residence is 22 feet, 2 inches which complies with the maximum height requirement of 35 feet from the established grade. No increase in height is proposed as part of this project. c. The project includes garage parking for a total of five (5) vehicles, complying with the minimum two (2)-car garage parking requirement for single-family residences and one (1)-car garage parking requirement for accessory dwelling units. 2. The neighborhood is predominantly developed with two (2)- and three (3)-story, single- family residences. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development. Zoning Administrator Resolution No. ZA2023-008 Page 3 of 9 01-10-2023 3. The accessory dwelling unit provides sleeping, sanitation, and food preparation facilities with independent exterior access to comprise a separate dwelling unit as defined by Chapters 20.70 and 21.70 (Definitions) of the Zoning Code and Coastal Land Use Plan. The demolition of the existing guest house and the conversion of the existing basement level for a new accessory dwelling unit will result in no net change to the number of on-site dwelling units in accordance with the requirements of SB330. 4. 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 before 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 before building permit issuance. 5. Under Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), due to the proximity of the development to environmentally sensitive receiving waters and the development containing more than 2,500 square feet of impervious surface area, a preliminary Water Quality Management Plan (WQMP) has been prepared by Toal Engineering, Inc. on October 18, 2022. A priority WQMP will be required for submittal before building permit issuance. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, the use of a LID approach to retain the design storm runoff volume on-site, and documentation of the expected effectiveness of the proposed BMPs. 6. Proposed landscaping complies with Implementation Plan Section 21.30.075 (Landscaping). A condition of approval is included that requires drought-tolerant species. Before the issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 7. 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 on Bayview Park and is not visible from the site. The proposed accessory dwelling unit complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. 8. The project proposes to demolish the existing detached guest unit that is one of two existing dwellings on-site to construct an attached accessory dwelling unit (ADU). As a result, the project complies with the Housing Crisis Act of 2019 and Senate Bill 8 (Skinner) because it does not result in the loss of residential density. The State Department of Housing and Community Development (HCD) has verified with the City in an email dated March 23, 2022, that an ADU is considered a housing unit under Government Code Section 66300 provisions to replace existing units. The property owner has certified that the units are not "protected" units under Section 66330 Subdivision (d)(2). The project is consistent with the General Plan, Local Coastal Program, and Zoning designations that allow the single-family and accessory dwelling unit land uses. Under the Coastal Zoning Administrator Resolution No. ZA2023-008 Page 4 of 9 01-10-2023 Land Use Plan Table 2.1.1-1, the Single Unit Residential Detached (RSD-A) category is intended for single-family residential development. Section 21.90.060 of the Local Coastal Program Implementation Plan for the Santa Ana Heights Specific Plan, Residential Equestrian District shows “Single-family detached dwellings” and “Accessory Dwelling Units” as allowed uses in the SP-7 Coastal Zoning District. Therefore, the project of an accessory dwelling unit to replace an existing guest unit is consistent with the SP-7 zoning and land use designations and does not result in a loss of residential density. 9. The project will replace one (1) guest unit with one (1) ADU on the property. Therefore, the project will not affect the City in meeting its regional housing needs and is not considered a reduction of density under SB330. 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 in Santa Ana Heights between the nearest public road and the Newport Back Bay waterway. 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 will demolish an existing office and guest unit with a garage and convert the lower level of an existing single- family residence to an accessory dwelling unit. No new square footage is proposed as part of this project. Therefore, the project does not involve a change in land use or intensity that will result in increased demand for 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. Vertical and lateral access to Upper Newport Bay is available adjacent to the site along Bayview Trail which is accessible from Mesa Drive. Access to Bayview Trail is located approximately 645 feet west of the property and approximately 1,280 feet east of the property. The proposals of this project are within private property and do not include any features that would obstruct access to these routes. 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 under 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. ZA2023-008 Page 5 of 9 01-10-2023 2. The Zoning Administrator of the City of Newport Beach hereby approves the Coastal Development Permit, subject to the conditions outlined 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 by the provisions of Title 21 Local Coastal Program (LCP) 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 FEBRUARY 2023. Zoning Administrator Resolution No. ZA2023-008 Page 6 of 9 01-10-2023 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. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 4. 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 caused by the revocation of this Coastal Development Permit. 5. 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. 6. Prior to issuance of building permits, a Fair Share Fee for one (1) additional residential unit shall be paid in accordance with the fee effective at the time of payment 7. Prior to the issuance of building permits, 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 the use of the accessory dwelling unit for short-term rentals (i.e., less than 30 days) and 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. 8. Prior to the issuance of building permits, 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 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. 10. All landscape materials and irrigation systems shall be maintained by 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 Zoning Administrator Resolution No. ZA2023-008 Page 7 of 9 01-10-2023 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. 11. Construction activities shall comply with Section 10.28.040 (Construction Activity— Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 12. 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 under 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. 13. Before the issuance of the building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 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. This Coastal Development Permit 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. 16. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the 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 Zoning Administrator Resolution No. ZA2023-008 Page 8 of 9 01-10-2023 or indirectly) to City’s approval of 2252 Mesa Drive, LLC Residence, including but not limited to, Coastal Development Permit (PA2022-0237). 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 outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Building Division 17. Prior to the issuance of building permits, one (1)-hour fire-rated wall and sound block level of STC 50 sound separation shall be provided between the existing single-family residence and proposed accessory dwelling unit. 18. Prior to the issuance of building permits, the applicant shall submit a final construction erosion control plan. The plan shall be subject to 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 review and approval by the Building Division. 20. Prior to the issuance of building permits, the final WQMP shall be reviewed and approved by the Building Division. The implementation shall comply with the approved WQMP and any changes could require separate review and approval by the Building Division. 21. 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 storm drains 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. 22. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented before and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 23. 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. 24. 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 Zoning Administrator Resolution No. ZA2023-008 Page 9 of 9 01-10-2023 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. 25. 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. Fire Department 26. A three (3)-foot wide walkway shall be provided on at least one side of the lot from Mesa Drive to the rear of the property and from all buildings on the property.