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HomeMy WebLinkAboutZA2023-032 - APPROVING A COASTAL DEVELOPMENT PERMIT TO CONSTRUCT A 1,000TWO (2)-BEDROOM ACCESSORY DWELLING UNIT, 229-SQUARE-FOOT ADDITION AND AN INTERIOR REMODEL LOCATED AT 1233 BLUE GUM LANE (PA2022-0261)01-10-2023 RESOLUTION NO. ZA2023-032 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO CONSTRUCT A 1,000 SQUARE-FOOT, TWO (2)-BEDROOM ACCESSORY DWELLING UNIT, 229-SQUARE-FOOT ADDITION AND AN INTERIOR REMODEL LOCATED AT 1233 BLUE GUM LANE (PA2022-0261). THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jason Blackmore of JJAB Design LLC, on behalf of Pravin Chhatrisa, concerning the property located at 1233 Blue Gum Lane, requesting approval of a coastal development permit. The property is legally described as Lot 1 of Tract 9620 (“Property”). 2. The applicant requests a coastal development permit to allow the construction of a 1,000- square-foot, two (2)-bedroom accessory dwelling unit (ADU) above an existing two (2)-car garage. The project includes a 229-square-foot addition to the existing 487-square-foot garage and an interior remodel to the existing 2,551-square-foot dwelling unit. The project also includes additional appurtenances such as site walls, a trash enclosure, and an exterior staircase. No landscaping is proposed as part of the project. The project complies with all development standards and no deviations from the Newport Beach Municipal Code (NBMC) are requested. 3. The subject property is designated RS-D (Single Unit Residential Detached) by the General Plan Land Use Element and is located within the PC22 (Westcliff Grove) 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 PC22 (Westcliff Grove) Coastal Zone District. 5. A public hearing was held on May 11, 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. ZA2023-032 Page 2 of 8 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 construction of a 1,000-square-foot, two (2)-bedroom ADU above an existing two (2)-car garage. The project also includes a 229-square-foot addition to the existing 487-square- foot garage and an interior remodel to the existing 2,551-square-foot 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 maximum lot coverage allowed is 60 percent, and the proposed lot coverage is 45 percent. b. The maximum floor area of a two-bedroom ADU is 1,000 square feet, and the proposed accessory dwelling unit is 1,000 square feet. c. The proposed development provides the minimum required setbacks, which are 20 feet along the front property line abutting Blue Gum Lane, 5-feet along each side property line, and 10-feet along the rear property line. The proposed project will construct a 1,000-square-foot, two-bedroom accessory dwelling unit (ADU) above an existing two-car garage. The project includes a 229 square-foot addition to the existing 487-square-foot garage and an interior remodel to the existing 2,551-square- foot dwelling unit. The project also includes additional appurtenances such as site walls, a trash enclosure, and an exterior staircase. d. The highest ridge of the proposed ADU is 26 feet, which complies with the maximum height of 28 feet from the established grade. e. The project includes garage parking for a total of two (2) vehicles, complying with the minimum two (2)-car garage parking requirement for single-family residences. Zoning Administrator Resolution No. ZA2023-032 Page 3 of 8 01-10-2023 The project is exempt from providing the minimum one (1)-car garage parking spot for ADUs, given the property is located within one half mile walking distance to the Dover-Castaways transit stop located along Dover Drive. 2. The neighborhood is predominantly developed with two (2)-story, single-family residences. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development. 3. The property is in an area known for the potential of seismic activity. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Construction plans are reviewed for compliance with approved investigations and CBC before building permit issuance. 4. 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 located approximately 1,400 feet southeast of the site at a scenic overlook located along the Castaways Park trail system and is not visible from the site. The proposed ADU 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. 5. The project will construct 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. 6. The finished floor elevation of the proposed ADU is 84.54 feet (NAVD 88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard. 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 Westcliff Grove 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 construct a new ADU on a site currently developed with an existing single unit dwelling resulting in a net increase of one dwelling unit. 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. Zoning Administrator Resolution No. ZA2023-032 Page 4 of 8 01-10-2023 2. Vertical and lateral access to Upper Newport Bay is available adjacent to the site along the Castaways Park trail system which is accessible from Dover Drive. Access to Castaways Park Trail is located approximately 50 feet west 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. 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 11TH DAY OF MAY, 2023. Zoning Administrator Resolution No. ZA2023-032 Page 5 of 8 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. 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). Before the issuance of building permits, the applicant shall provide a copy of said coastal development permit or CDP waiver or documentation from the Coastal Commission that subject improvements are not subject to the permit requirements of the Coastal Act and/or not located within the permit jurisdiction of the Coastal Commission. 3. 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. 4. 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. 5. 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. Zoning Administrator Resolution No. ZA2023-032 Page 6 of 8 01-10-2023 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. 6. 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. 7. 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. 8. 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. 9. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 10. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 11. 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. 12. 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. 13. Before the issuance of building permits, the applicant shall submit a final drainage plan. The plan shall be subject to review and approval by the Building Division. 14. Before 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. 15. Construction activities shall comply with Section 10.28.040 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, Zoning Administrator Resolution No. ZA2023-032 Page 7 of 8 01-10-2023 and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 16. 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 17. 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. 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. 19. This Coastal Development Permit No. PA2022-0261 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. 20. 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 or indirectly) to City’s approval of Chhatrisa Residence, including but not limited to, Coastal Development Permit PA2022-0261. 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. Zoning Administrator Resolution No. ZA2023-032 Page 8 of 8 01-10-2023 Building Division 21. Show the ratio of construction valuation on the building permit to market value for existing dwelling is less than 50% (NBMC 15.02.060). See Building Code Policy NBMC 15.50 for options for determining construction valuation and market value. If the ratio is 50% or greater of the dwelling, the project shall comply with all requirements for new construction including (1) fire sprinkler per NFPA 13D, (2) the equivalent of a capillary break beneath the concrete slab on grade according to California Green Building Standards Code Section 4.505.2.1 and (3) a whole house fan according to the Energy Code. 22. If the area of reconstruction is greater than 2,000sf and 50% of total conditioned and unconditioned floor area, the dwelling will be required to be equipped with an NFPA 13D fire sprinkler system (NBMC 15.04.090). Reconstruction is defined as alterations including removal of interior finished surface materials like gypsum board from wall, floor and roof framing. Graphic representations of areas where interior finished surface materials have been removed from ceilings and walls, and replaced with new will be required on plans. 23. The floor and deck separating the existing garage and its addition from the second floor ADU, and the wall separating the garage from the exterior exit stairway serving the ADU, shall be 1-hour fire resistance rated according to testing requirements in ASTM E119, UL263 or Section 703.2.2 of the 2022 California Building Code (CRC R302.3). 24. Exterior walls supporting the 1-hour rated floor and deck assemblies described in item 3 shall be 1-hour rated as described in item 3 (CRC R302.3.1). See lines A, C and 2 on structural floor framing plan. 25. Fire rated floor and deck assemblies described in item 3 shall extend to and be tight against exterior walls, and fire rated wall assemblies shall extend from foundation to underside of deck and floor sheathing (R302.3). 26. Penetrations of fire rated deck, floor and wall assemblies described in item 3 shall be protected as described in CRC R302.4. 27. Where the garage will be used by occupants of the ground floor dwelling and the second floor ADU, the fire rated separation described in CRC R302.6 shall be a complete 1- hour rated wall assembly and the door between the garage and the ground floor dwelling shall be at least 45-min rated with self-closing and self-latching hardware (CRC R302.3, R302.6).