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HomeMy WebLinkAboutZA2023-012 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH A TWO (2)-UNIT RESIDENCE AND TO CONSTRUCT A NEW SINGLE-UNIT RESIDENCE AND JUNIOR ACCESSORY DWELLING UNIT LOCATED AT 607 and 607 ½ NORTH BAY FRONT (PA2022-125).10-18-2021 RESOLUTION NO. ZA2023-012 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH A TWO (2)- UNIT RESIDENCE AND TO CONSTRUCT A NEW SINGLE-UNIT RESIDENCE AND JUNIOR ACCESSORY DWELLING UNIT LOCATED AT 607 and 607 ½ NORTH BAY FRONT (PA2022-125). 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”) concerning property located at 607 and 607 ½ North Bay Front, requesting approval of a coastal development permit. The property is legally described as Lot 14 of Block 12 of Balboa Island Tract (“Property”). 2. The Applicant requests a coastal development permit to demolish an existing two (2)-unit residence and to construct a new 2,037-square-foot, three (3)-story, single-unit residence with a 298-square-foot junior accessory dwelling unit and attached 436-square-foot, two (2)-car garage. The project includes landscape, hardscape and subsurface drainage facilities all within the confines of private property. The project (“Project”) complies with all development standards and no deviations from the municipal code are requested. 3. The subject property is designated RT (Two Unit Residential) by the General Plan Land Use Element and is located within the R-BI (Two-Unit Residential, Balboa Island) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-E (Two Unit Residential) - (30.0 - 39.9 DU/AC) and it is located within the R-BI (Two-Unit Residential, Balboa Island) Coastal Zoning District. 5. A public hearing was held on March 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 under 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. 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 existing duplex and construction of a new 2,037-square-foot, three (3)- Zoning Administrator Resolution No. ZA2023-012 Page 2 of 12 10-05-2021 story, single-unit residence with a 298-square-foot junior accessory dwelling unit and attached 436-square-foot, two (2)-car garage. 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 project complies with all 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 2,772 square feet, which complies with the maximum allowable floor area limit of 3,430 square feet. b. The proposed development will provide the minimum required setbacks, which are ten (10)-feet along the front property line abutting North Bay Front, five (5)-feet along the rear property line abutting the alley, and three (3)-feet along each side property line. c. The highest two-story roofline is no more than 29 feet from the established grade level of 9.0 feet based on the North American Vertical Datum of 1988 (“NAVD88”), which complies with the maximum height limitation. d. The project includes an enclosed garage parking for two (2) vehicles, which complies with the minimum two (2)-car parking requirement for single-unit residences with less than 4,000 square feet of habitable floor area. Onsite parking is not required for the accessory dwelling unit. e. 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. Zoning Administrator Resolution No. ZA2023-012 Page 3 of 12 10-05-2021 2. The neighborhood is predominantly developed with two (2)- and three (3)-story, single- and two-unit residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development consistent with applicable development standards. 3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared for the project by GeoSoils, Inc, dated June 2, 2022. The project site is protected by a public boardwalk fronting the site along South Bay Front and an existing City-owned bulkhead that will remain in place. The maximum bay water elevation is 7.7 feet North American Vertical Datum of 1988 (NAVD 88) and may exceed the current top of the City-owned bulkhead elevation of 8.6 feet (NAVD 88) during high tide or storm events. The report analyzes future sea level rise scenarios assuming a 2.9-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 10.6 feet NAVD 88 (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). The report recommends that the bulkhead be raised in the future. Since the bulkhead is not privately owned and cannot be raised by the homeowner, the report recommends future mitigation measures be identified and implemented as needed including waterproofing, flood shields, watertight doors, moveable floodwalls, partitions, water-resistive sealant devices, sandbagging and other similar flood-proofing techniques. 4. The finished floor elevation of the first floor of the Project is 9.13-feet (NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard for new structures. 5. Under NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to agree 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 before the final building permit inspection, respectively. 6. 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) (Development Standards). This requirement is included as a condition of approval that will need to be satisfied before the issuance of building permits, respectively. 7. 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. 8. The Project comprises less than 2,500 square-feet of impervious surface area and a Water Quality and Hydrology Plan (WQHP) is therefore, not required. Zoning Administrator Resolution No. ZA2023-012 Page 4 of 12 10-05-2021 9. 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 runoff and minor rain event runoff on-site. Any water not retained on-site is directed to the City’s storm drain system. 10. The Project will replace an existing duplex with a new single-family residence and junior accessory dwelling unit that complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing and anticipated 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. 11. The project proposes to demolish an existing duplex and construct a single-family unit and attached junior accessory dwelling unit (JADU). 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 Land Use Plan Table 2.1.1-1, the Two Unit Residential (RT) category is intended for a range of two-family residential dwelling units such as duplexes and townhomes. Implementation Program (IP) Table 21.18-1 shows “Single-Unit Dwellings – Detached” and “Junior Accessory Dwelling Units” as allowed uses in the R-BI Coastal Zoning District. Therefore, the project of demolishing a duplex and constructing a single-family residence with a junior accessory dwelling unit is consistent with the R-BI zoning and land use designations and does not result in a loss of residential density. 12. As designated in the Coastal Land Use Plan, the nearest designated coastal viewpoint is located approximately 1,700 feet east of the project site at the Marine Avenue bridge that crosses the channel. The Property may be located within the viewshed of distant public viewing areas. However, the Project will replace an existing duplex with a new single- family unit and junior accessory dwelling unit that complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing and anticipated 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. Zoning Administrator Resolution No. ZA2023-012 Page 5 of 12 10-05-2021 Facts in Support of Finding: 1. The Property is located on a waterfront lot that abuts the Balboa Island Loop, which is a walkway around the outer perimeter of Balboa Island that grants pedestrians bay views. Existing lateral access to the bay is provided by the loop, which is not affected by the Project. Vertical access to the Balboa Island Loop is available through Ruby Avenue, approximately 60 feet east of the Property, and Collins Avenue, approximately 90 west of the Property. 2. The Property is located between the nearest public road and the sea or shoreline. 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 replaces an existing duplex located on a standard residential lot with a new single-unit residence and junior accessory dwelling unit consistent with the existing neighborhood pattern of development and in keeping with applicable development standards. 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. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 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) because it has no potential to have a significant effect on the environment and the exceptions to the Class 3 exemption do not apply. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Coastal Development Permit (PA2022-125), 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. Zoning Administrator Resolution No. ZA2023-012 Page 6 of 12 10-05-2021 PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF MARCH, 2023. Zoning Administrator Resolution No. ZA2023-012 Page 7 of 12 10-05-2021 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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 exhibits and plans may require an amendment to this approval or the processing of a new planning application. 3. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 4. This approval 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, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 5. 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 the revocation of this lot merger. 6. 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. 7. 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 the use of the ADU 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 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 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 Zoning Administrator Resolution No. ZA2023-012 Page 8 of 12 10-05-2021 which may arise from or in any manner relate (directly or indirectly) to City’s approval of the development. This letter shall be scanned into the plan set before building permit issuance. 9. Prior to the 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 bulkhead or other shoreline protective device. The agreement shall be binding against the property owners and successors and assigns. 10. This Coastal Development Permit does not authorize any development seaward of the private property. 11. All construction activities shall occur within private property and the use of mechanized equipment is prohibited within the Bay and public property. 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). 13. 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. 14. 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 Zoning Administrator Resolution No. ZA2023-012 Page 9 of 12 10-05-2021 found, one (1) or two (2) short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 15. All proposed accessory structures located within setback areas shall comply with applicable height limits consistent with Zoning Code Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). 16. 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. 17. 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. 18. 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. 19. 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. 20. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 21. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 22. 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. 23. 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. 24. Before 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. Zoning Administrator Resolution No. ZA2023-012 Page 10 of 12 10-05-2021 25. Before 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. 26. Before 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. 27. 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. 28. 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 between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 29. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified periods unless the ambient noise level is higher: Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 30. Before the issuance of building permits, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 31. 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. 32. 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. 33. 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 Zoning Administrator Resolution No. ZA2023-012 Page 11 of 12 10-05-2021 every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Karahalios Residence including, but not limited to the Coastal Development Permit (PA2022-125). 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 the such proceeding. The applicant shall indemnify the City for all of 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. Fire Department 34. A minimum three (3)-foot wide fire department access way is required on one side of the yard from the street frontage to the rear yard. 35. Fire sprinklers shall be provided in accordance with NFPA 13D. Building Division 36. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 37. The Applicant shall employ the following best available control measures (“BACMs”) to reduce construction-related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90-day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment. Off-Site Impacts • Encourage carpooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off-site. • Sweep access points daily. • Encourage receipt of materials during non-peak traffic hours. • Sandbag construction sites for erosion control. Zoning Administrator Resolution No. ZA2023-012 Page 12 of 12 10-05-2021 Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six (6)-inch surface layer, subject to review/discretion of the geotechnical engineer. 38. Before 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. Public Works Department 39. A new sewer clean out shall be installed on the existing sewer lateral per City Standard 406. 40. Proposed improvements along the North Bay Front right of way shall comply with City Council Policy L-6. An encroachment permit and encroachment agreement shall be obtained for the proposed improvements within the right-of-way.