Loading...
HomeMy WebLinkAboutPA2023-0086_20230629_ZA_Action LetterCommunity Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL June 29, 2023 William Lushbaugh, Architect 17191 Citron Irvine, CA 92612 blushbaugh@aol.com Subject: Coastal Development Permit 106 Amethyst Avenue Russell Accessory Dwelling Unit (PA2023-0086) Dear Mr. Lushbaugh, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on June 29, 2023 and is now within the required City appeal period until July 13, 2023. If no appeals are filed with the City, a Notice of Final Action will be mailed to the California Coastal Commission. Upon receipt of the notice by the Coastal Commission, the action will be subject to an additional 10-working-day appeal period. You may track status of the Coastal Commission appeal period via the following link: Statewide Appealable Projects PDF At the conclusion of both appeal periods, a building permit may be issued for the project. A copy of the approved action letter with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. For additional information on filing an appeal or should you have any questions, please contact our office at (949) 644-3200 or you may contact me directly at jperez@newportbeachca.gov or 949-5644-3312. Sincerely, LAW/jp COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 www.newportbeachca.gov ZONING ADMINISTRATOR ACTION LETTER Subject: Russell Accessory Dwelling Unit (PA2023-0086) ▪ Coastal Development Permit Site Location 106 Amethyst Avenue Applicant John Russell Legal Description Lot 26, Block 21, in Section 3 of Balboa Island Tract On June 29 2023, the Zoning Administrator approved the coastal development permit (CDP) filed as PA2023-0086 in accordance with Section 21.52.015 (Coastal Development Permits, Findings, and Decision) of the Newport Beach Municipal Code (NBMC) authorizing the enclosure of a covered patio to create an 800-square-foot, attached, accessory dwelling unit. LAND USE AND ZONING • General Plan Land Use Plan Category: RT (Two Unit Residential) • Zoning District: R-BI (Two Unit Residential – Balboa Island) • Coastal Land Use Plan Category: RT-E (Two Unit Residential) – (30.0 – 39.9 DU/AC) • Coastal Zoning District: R-BI (Two-Unit Residential – Balboa Island) SUMMARY The applicant requests a coastal development permit (CDP) to allow the construction of a new, attached, 800-square-foot accessory dwelling unit (ADU) to an existing single-unit dwelling. The existing 3,821-square-foot single-unit residence includes two (2)-stories and an uncovered third floor roof deck. There is an existing covered patio located on the second story of the dwelling that will be enclosed and a portion of the existing second story will be reconfigured to create the ADU. The property is located within one-half-mile of a transit stop and no additional parking is required or proposed for the ADU. After the enclosure of the patio (an addition of 416 square feet), the structure will total 4,237 square feet, which exceeds the maximum floor area limit for the subject property of 3,875 square feet. State Law and Section 21.48.200 (Accessory Dwelling Units), subsection (F)(4)(d) of the NBMC prohibits the City from applying a floor area limit if it reduces the size of the ADU to less than 800 square feet. The project otherwise complies with all other development standards, including height and setbacks, and no deviations are requested. In accordance with NBMC Section 21.48.200(D)(2) (Accessory Dwelling Units), no local public hearing shall be held; however, public notice was provided to surrounding property Russell Accessory Dwelling Unit (PA2023-0086) June 29, 2023 Page 2 Tmplt: 07-25-19 owners and residential occupants within 300 feet of the project. No comments were received on the project. This approval is based on the following findings and is subject to the Conditions of Approval thereafter. FINDINGS 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 ADU development standards. Standards include but are not limited to floor area, setbacks, height, and parking. a. An ADU is an allowed use within the R-BI Coastal Zoning District as provided in Table 21.18-1 of Section 21.18.020 (Residential Coastal Zoning Districts Land Uses) of the NBMC. b. There is no other ADU or Junior Accessory Dwelling Unit (JADU) on the subject property; therefore, the existing development and proposed ADU comply with the maximum number of units allowed as specified in Section 21.48.200 (Accessory Dwelling Units) subsection (E) of the NBMC. c. The existing residence provides the minimum required setbacks of eight (8) feet along the front of the property line facing Amethyst Avenue, three (3) feet along each side property line, and five (5) feet along the rear property line abutting the 10-foot alley. The ADU is located within the footprint of the structure and no additional setbacks are required. d. The ADU will be built on the second floor of the structure. The roof above the ADU complies with the 29-foot height limitation for a sloped roof. Furthermore, the proposed finished floor elevation of the ADU is 17.01 feet based on the North American Vertical Datum 88 (NAVD 88), which exceeds the minimum required top of slab elevation of 9.00 feet (NAVD 88) for interior living areas. e. The property will provide 457-square feet of open volume area exceeding the minimum requirement of 367-square feet. f. The maximum floor area limitation for the subject property is 3,875 square feet and the existing structure includes 3,821 square feet. The proposed floor area of the structure after enclosure of the second-floor patio is 4,237 square feet, which exceeds the maximum floor area limit for the subject property. While the enclosure would not otherwise be allowed pursuant to Section Russell Accessory Dwelling Unit (PA2023-0086) June 29, 2023 Page 3 Tmplt: 07-25-19 21.18.030 (Residential Coastal Zoning Districts General Development Standards) of the NBMC, State Law and Section 21.48.200 (Accessory Dwelling Units), subsection (F)(4)(d) of the NBMC prohibits the application of floor area limits if the requirement reduces the size of the ADU to less than 800 square feet. g. The ADU is located within one-half-mile of a transit stop; therefore, no additional parking is required for the ADU. The existing attached 2-car garage will continue to serve the single-unit dwelling. h. Pursuant to Section 21.48.200 (Accessory Dwelling Units) subsection (I)(1) of the NBMC, a deed restriction will be recorded prior to permit issuance prohibiting the sale of the ADU separate from the principal structure and prohibiting the use of the ADU for Short Term Lodging (i.e. a rental period of thirty (30) days or less). i. The nearest designated coastal viewpoint as designated in the Coastal Land Use Plan (CLUP), is located over 1,000 feet away, on the Park Avenue Bridge. The proposed ADU is located within the footprint of an existing building that complies with the height limit of the zoning district. The project should not degrade the visual quality of the Coastal Zone or result in significant adverse impacts to existing 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 proposed 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 includes the creation of an ADU within the footprint of an existing single-unit dwelling. Although the project would add one additional dwelling unit to the property, it is accessory to the primary single-unit structure and is a one-bedroom with limited occupancy (and demand on public access). The project does not include any curb cuts that would reduce on-street parking for the public and two- unit developments are common on Balboa Island in the R-BI Zoning District. Lastly, the addition of a new, 800 square-foot dwelling unit is not anticipated to negatively impact access, and by design, may be more affordable than a typical single-unit dwelling or duplex in the area. Russell Accessory Dwelling Unit (PA2023-0086) June 29, 2023 Page 4 Tmplt: 07-25-19 2. The project site is located on Balboa Island. Lateral access to the bay is provided by the public boardwalk which loops around Balboa Island. Vertical access to the boardwalk is provided by Amethyst Avenue approximately 107 feet from the property. Additionally, there are public beaches along the boardwalk, and the project does not include any features that would obstruct access along these routes. 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. Prior to the issuance of a building permit, the accessory dwelling unit (ADU) shall require a deed restriction that prohibits separate sale of the ADUs and prohibits rental or leasing of the ADU for 30 days or less. 3. 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). 4. 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 results 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. 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 pursuant to 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. Russell Accessory Dwelling Unit (PA2023-0086) June 29, 2023 Page 5 Tmplt: 07-25-19 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. 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 Erosion Control Plan. 7. 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. 8. 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. 9. 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. 10. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 11. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 12. 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. 13. 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. 14. 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. Russell Accessory Dwelling Unit (PA2023-0086) June 29, 2023 Page 6 Tmplt: 07-25-19 15. 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 to between 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Federal Holidays. 16. Prior to 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. 17. 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. 18. This Coastal Development Permit filed under PA2023--0086 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 NBMC unless an extension is otherwise granted. 19. 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 the Russell Accessory Dwelling Unit including, but not limited to, the Coastal Development Permit filed under PA2023-0086. 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 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 pursuant to the indemnification requirements prescribed in this condition. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The project consists of an alteration to an existing single-unit dwelling to create an ADU within the footprint of said dwelling. Although the project adds an additional dwelling unit to Russell Accessory Dwelling Unit (PA2023-0086) June 29, 2023 Page 7 Tmplt: 07-25-19 the property, it is a negligible expansion of use as the ADU is accessory to the principal residential unit. PUBLIC NOTICE Notice of this decision was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled decision, consistent with the provisions of the Municipal Code. APPEAL PERIOD: This action shall become final and effective 14 days following the date of the Action Letter 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 Program [LCP] Implementation Plan) of the NBMC. 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. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: Approved by: LAW/jp Attachments: ZA No. 1 Vicinity Map ZA No. 2 Project Plans Attachment No. ZA 1 Vicinity Map Tmplt: 07-25-19 VICINITY MAP Coastal Development Permit PA2023-0086 (106 Amethyst Avenue) Subject Property Tmplt: 07-25-19 Attachment No. ZA 2 Project Plans