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HomeMy WebLinkAboutPA2023-0087_20230914_Resolution_ZA2023-058Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL September 14, 2023 Jodi DiTolla jodi@ditollarealestate.com Subject: Seddrak Residences Coastal Development Permit (PA2023-0087) 216 East Balboa Boulevard Dear Ms. DiTollal , 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 September 14, 2023 and is now within the required City appeal period until September 28, 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 resolution 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. Sincerely, LAW/msw 01-10-2023 RESOLUTION NO. ZA2023-058 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING FOUR (4)-UNIT DWELLING AND CONSTRUCT A NEW THREE (3)-STORY DUPLEX INCLUDING TWO (2) ONE (1)-CAR GARAGES AND TWO (2) ONE (1)-CAR CARPORTS WITH TWO (2) DETACHED ACCESSORY DWELLING UNITS LOCATED AT 216 EAST BALBOA BOULEVARD (PA2023-0087) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jodi Ditolla, on behalf of the owner concerning property located at 216 East Balboa Boulevard, requesting approval of a coastal development permit. 2. The lot at 216 East Balboa Boulevard is legally described as Lot 9 Block 4 in Newport Bay Tract. 3. The applicant requests a Coastal Development Permit (CDP) to demolish an existing nonconforming 1,610-square-foot fourplex (4-unit dwelling) and construct a new 1,840- square-foot, three (3)-story, duplex, with two (2) carports, and two (2)- single-car garages (407-square-feet). The project also includes two (2) accessory dwelling units (ADUs) above the garages consisting of 310 and 348 square feet. The four (4) parking spaces proposed would provide conforming parking for the duplex where there is no existing parking on-site. 4. The subject property is categorized as RT (Two Unit Residential) by the General Plan Land Use Element and is located within the R-2 (Two-Unit Residential) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two Unit Residential (RT-E 30.0-39.9 DU/AC), and it is located within the Two- Unit Residential (R-2) Coastal Zoning District. 6. A public hearing was held on September 14, 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 15303, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures) because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2023-058 Page 2 of 9 01-10-2023 2. Class 3 exempts the demolition and construction of up to six (6) units in a multi-unit residential structure in an urbanized area. The proposed project consists of the demolition of an existing nonconforming 1,610-square-foot fourplex (4-unit dwelling) and construct a new 1,840-square-foot, three (3)-story, duplex, with two (2) carports, and two (2)- single-car garages (407-square-feet). The project also includes two (2) accessory dwelling units (ADUs) above the garages consisting of 310 and 348 square feet. The four (4) parking spaces proposed would provide conforming parking for the duplex where there is no existing parking on-site and therefore qualifies within this exemption. 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. By 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 floor area limitation is 3,350 square feet and the proposed floor area is 2,905 square feet. b. The proposed development provides the minimum required setbacks, which are five (5) feet along the front property line abutting East Balboa Boulevard, three (3) feet along each side property line, and five (5) feet along the rear property line abutting the alley. c. The highest guardrail is less than 24 feet from the established grade (9.12 feet NAVD88) and the highest ridge is no more than 29 feet from the established grade, which complies with the maximum height requirements. d. The project includes garage parking for a total of two (2) vehicles in single-car garages as well as two (2) covered carport spaces, complying with the minimum four (4)-car parking requirement for duplexes. Pursuant to State Law, the two (2) ADUs do not require additional parking as they are detached and will be constructed in conjunction with a new multi-unit project. Currently, the site does not Zoning Administrator Resolution No. ZA2023-058 Page 3 of 9 01-10-2023 include any parking spaces for the four (4)-unit development. Therefore, on-site parking is being improved on-site from zero spaces to four (4) spaces for the proposed duplex. The project’s net increase of four (4) parking spaces will improve the availability of street parking in the surrounding neighborhood and reduce impacts to public parking spaces. 2. The neighborhood is predominantly developed with two (2)- and three (3)-story, two (2)- unit and multi-unit residences. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development. 3. The development is located on an inland property in a developed area approximately 670 feet from the mean high tide line. The project is separated from the Pacific Ocean by Balboa Boulevard, two (2) rows of residential development, the public boardwalk and a wide sandy beach (approximately 500 feet wide). 4. The finished floor elevation of the proposed development is 10.40 feet (NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard. The identified distances from the coastal hazard areas coupled with the higher finished floor elevation will help to ensure the project is reasonably safe from coastal hazards for the economic life of the structure. 5. 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. 6. 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. 7. 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. 8. 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 the Balboa Pier and Peninsula Park more than 1,500 feet away, which is not visible from the site. The East Ocean Front public boardwalk and beach is approximately 250 feet from the site, but the site is not visible from the boardwalk or the beach due to intervening structures. The proposed duplex and two (2) detached ADUs maintain a building envelope consistent with the existing neighborhood pattern of development. Zoning Administrator Resolution No. ZA2023-058 Page 4 of 9 01-10-2023 9. The project does not contain any unique features that could degrade the visual quality of the coastal zone. Existing State Law and Title 20 of the NBMC allows two (2) detached ADUs above a garage up to the height limit of the underlying zoning district if the principal unit(s) provide code compliant parking (two (2) garage spaces and two (2) carport spaces). However, California Coastal Commission staff has provided direction stating that State Law governing ADUs may supersede the Title 21 (Local Coastal Program Implementation Plan) standards prior to the adoption of updates to Title 21 of the NBMC that would make Title 21 consistent with State Law. Therefore, the two (2) proposed ADUs are allowed pursuant to State Law provided there are no impacts to coastal resources. The two (2) detached ADUs are well below the 24-foot flat roof height limit at approximately 19 feet. 10. The proposed duplex includes a third floor that meets all of the required step backs, height and floor area limits. The floor area of the ADUs are 310 square feet and 348 square feet. The total floor area of the development is 445 square feet less the maximum allowable square footage (2,905 square feet proposed where a maximum of 3,350 square feet is allowed). Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. Based on the small size of the units, the overall square footage of the development, scale of existing development onsite and in the vicinity, and compatibility with the existing rooflines (the ADUs above the garage are only 19 feet tall), no impacts to coastal views are anticipated. 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. Fact in Support of Finding: 1. The project site 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 nonconforming four (4) units with a new duplex, a carport and a detached garage with two (2) ADUs above the detached garage. The existing four (4) units do not provide any on-site parking therefore, the residents use street parking or public parking lots in the vicinity. The use of this public parking directly impacts public access to the surrounding beach area that is a high tourist and visitor destination. The proposed project will provide the required four (4) parking spaces for the duplex and improve public access opportunities in the surrounding area by reducing the property’s reliance on public parking. Additionally, the proposed ADUs are only 310 square feet and 348 square feet, a studio and a one (1) bedroom, which will minimize their demand for parking. Therefore, the project does not involve a change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities. 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. ZA2023-058 Page 5 of 9 01-10-2023 2. Vertical access to the East Ocean Front beach and the Pacific Ocean is available across Balboa Boulevard East along Coronado Street to where it meets the public boardwalk. The terminus of Coronado Street and the public boardwalk is approximately 250 feet south of the site. Lateral access is also available on the public boardwalk and beach. The project does not include any features that would obstruct access along 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 Coastal Development Permit (PA2023-0087), 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 14TH DAY OF SEPTEMBER 2023. Zoning Administrator Resolution No. ZA2023-058 Page 6 of 9 01-10-2023 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Prior the issuance of a building permit, the accessory dwelling units (ADUs) shall require a deed restriction that prohibits separate sale of the ADU and prohibits rental or leasing of the ADUs for 30 days or less. 3. All parking spaces shall remain clear and free obstructions for the parking of vehicles. No storage (except for the parking of vehicles) is allowed within the required parking spaces. The carport spaces shall remain accessible through the garage at all times. 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 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. 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. 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 (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. 6. 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. 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 Zoning Administrator Resolution No. ZA2023-058 Page 7 of 9 01-10-2023 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 caused by the 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. 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. 15. Before 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. 16. 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. 17. Before the issuance of a building permit, 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. 18. 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. ZA2023-058 Page 8 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. 19. 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. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 20. 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 21. 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. 22. 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. 23. This Coastal Development Permit filed as PA2023-0087 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. 24. 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 Sedrak Residence CDP including but not limited to, Coastal Development Permit filed as PA2023-0087. 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, Zoning Administrator Resolution No. ZA2023-058 Page 9 of 9 01-10-2023 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.