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HomeMy WebLinkAboutZA2023-072 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISITING SINGLE-UNIT DWELLING AND CONSTRUCT A NEW 3,571 SQUARE-FOOT SINGLE UNIT DWELLING WITH A 709 SQUARE-FOOT ATTACHED ACCESSORY DWELLING UNIT (ADU) AND 708 SQUARE-FOOT ATTACHED THREE-01-10-2023 RESOLUTION NO. ZA2023-072 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISITING SINGLE-UNIT DWELLING AND CONSTRUCT A NEW 3,571 SQUARE-FOOT SINGLE UNIT DWELLING WITH A 709 SQUARE-FOOT ATTACHED ACCESSORY DWELLING UNIT (ADU) AND 708 SQUARE-FOOT ATTACHED THREE-CAR GARAGE LOCATED AT 32 BEACON BAY (PA2023-0130). THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John Robert Walz of Walz: Architecture, on behalf of Paul Tashima, concerning the property located at 32 Beacon Bay, requesting approval of a coastal development permit. The property is legally described as Parcel 32 of Record of Survey RS_009_42-43 (“Property”). 2. The applicant requests a coastal development permit to demolish an existing 2,674 square-foot single-unit dwelling and construct a new, three-story 3,571-square-foot, single- unit dwelling with a 709-square-foot accessory dwelling unit (ADU) and 708-square-foot attached three-car garage. The project also includes appurtenances such as a covered front deck and 1,181 square-feet of landscaping. The project complies with all development standards and no deviations from the Newport Beach Municipal Code (NBMC) are requested. 3. The subject property is categorized as Two Unit Residential (RT) by the General Plan Land Use Element and is located within the Two-Unit Residential (R-2) Coastal Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-C (Two Unit Residential), and it is located within the Two-Unit Residential (R-2) Coastal Zoning District 5. A public hearing was held on November 30, 2023, online via Zoom. A notice of the time, place, and purpose of the hearing was given by the 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. ZA2023-072 Page 2 of 9 01-10-2023 2. Class 3 exempts the demolition of up to three single-family dwellings and additions of up to 10,000 square feet to existing structures. The proposed project consists of the demolition of one, single-unit dwelling and the construction of a three-story 3,571-square- foot, single-unit dwelling with a 709-square-foot attached accessory dwelling unit (ADU) and 708-square-foot attached three-car garage in the Two-Unit (R-2) Coastal Zoning District. 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(F) (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 5,958 square feet and the proposed floor area is 4,988 square feet. b. The proposed development provides the minimum required setbacks, which are 5 feet along the front property line abutting Schooner Road, 3 feet along each side property line, and 12 feet on the front property line abutting Reef Cove. c. The highest guardrail is less than 24 feet from established grade (9.00 feet North American Vertical Datum of 1988 (NAVD 88)) and the highest ridge is less than 29 feet from established grade, which comply with the maximum height requirements. d. The project includes garage parking for a total of three vehicles, complying with the minimum two-car garage parking requirement for single-unit dwelling with less than 4,000 square feet of habitable floor area. Parking is not required for the attached ADU due to the project location being less than 0.5 mile from a transit stop. Zoning Administrator Resolution No. ZA2023-072 Page 3 of 9 01-10-2023 2. The neighborhood is predominantly developed with two- and three-story, single- and two-unit dwellings. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development. 3. The project proposes to demolish an existing single-unit dwelling and construct a single- unit dwelling with an attached accessory dwelling unit (ADU). As a result, the project complies with the Housing Crisis Act of 2019 and Senate Bill 8 (Skinner) because it does not result in the loss of residential density. The 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 ADU land uses. Under the Coastal Land Use Plan Table 2.1.1-1, the Two Unit Residential (RT-C) category is intended for a range of two-unit residential dwelling units such as duplexes and townhomes. Implementation Program (IP) Table 21.18-1 shows “Single-Unit Dwellings – Detached” and “Accessory Dwelling Units” as allowed uses in the R-2 Coastal Zoning District. Therefore, the project of demolishing a single-unit dwelling and constructing a single-unit dwelling with an attached accessory dwelling unit is consistent with the R-2 zoning district and land use designations and does not result in a loss of residential density. 4. The finished floor elevation of the first floor of the Project is 11.15 feet (NAVD 88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard for new structures. 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 property is located within approximately 250 feet of coastal waters. Under Section 21.35.030 (Construction Pollution Prevention Plan) of the Municipal Code, a Construction Pollution Prevention Plan (CPPP) is required to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived from construction chemicals and materials. A CPPP has been provided and construction plans and activities will be required to adhere to the CPPP. 7. Pursuant to Section 21.35.050 of the NBMC (Water Quality and Hydrology Plan), due to the proximity of the development to the shoreline and the development containing more than 75% of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP has been prepared for the project by Toal Engineering, Inc. February 8, 2022. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, the use of a LID approach to retain the design storm runoff volume on-site, and documentation of the expected effectiveness of the proposed BMPs. Zoning Administrator Resolution No. ZA2023-072 Page 4 of 9 01-10-2023 8. Proposed landscaping complies with Implementation Plan Section 21.30.075 (Landscaping). A condition of approval is included that requires drought-tolerant species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 9. 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 at the Balboa Yacht Basin that is approximately 800 feet to the east, however the project is not visible from that location due to the distance and intervening structures. The site is within the general view as seen from designated viewpoints above the project site. The project replaces an existing single-unit dwelling with a single-unit dwelling and attached accessory dwelling unit (ADU) that comply with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing 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 on 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 in the Promontory Bay area between the nearest public road and the Newport Bay. 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 and existing single-unit dwelling on a standard residential lot with a new single-unit dwelling and attached ADU, consistent with the existing neighborhood pattern of development and applicable development standards. Therefore, the project does not involve a change in land use or intensity that will result in increased demand for public access and recreation opportunities. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. Vertical and lateral access to the Newport Bay is available at the street ends of the Reef Cove Strada. The proposed development for the project is located entirely within the confines of private property, with the exception of an on-grade decorative wood walkway extending approximately 16 feet into the Reef Cove Strada. The walkway is conditioned to require approval of an encroachment permit from the Public Works Department. The proposed development does not include any features that would obstruct access to the Newport Bay. Zoning Administrator Resolution No. ZA2023-072 Page 5 of 9 01-10-2023 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 (PA2023-0130), 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 30TH DAY OF NOVEMBER, 2023. Zoning Administrator Resolution No. ZA2023-072 Page 6 of 9 01-10-2023 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Prior to the issuance of a building permit, 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. 3. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds under MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 4. 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. 5. 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. Zoning Administrator Resolution No. ZA2023-072 Page 7 of 9 01-10-2023 6. 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. 7. 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. 8. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit. 9. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 10. 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. 11. 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. 12. Prior to the issuance of a building permit, the applicant shall submit a final drainage and grading plan. The plan shall be subject to review and approval by the Building Division. 13. Prior to the 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. 14. Prior to the issuance of a building permit, the Applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 15. Prior to the issuance of a building permit, the final WQHP/WQMP shall be reviewed and approved by the Building Division. Implementation shall comply with the approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 16. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. Zoning Administrator Resolution No. ZA2023-072 Page 8 of 9 01-10-2023 17. 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 18. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 19. 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. 20. This Coastal Development Permit No. PA2023-0130 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. 21. 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 Tashima Residence, including but not limited to, Coastal Development Permit No. PA2023-0130. 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. ZA2023-072 Page 9 of 9 01-10-2023 Building Division 22. For habitable levels located more than one story above or more than one story below an egress door: The maximum travel distance from any occupied point to a stairway or ramp that provides egress from such habitable level or basement shall not exceed 50’. R311.4 2 23. Revise travel distance to include the most remote point, 18” away from edge of the wall and 18” to stair landing edge. Public Works Department 24. An encroachment permit and encroachment agreement are required for the proposed decorative walkway within the Reef Cove right of way. 25. The proposed driveway approach shall be compliant with City Standard. 26. The garage finish floor shall be 6” above the adjacent flowline of Schooner Road. 27. A new sewer clean-out shall be installed on the existing sewer lateral per City Standard 406. Fire Department 28. NFPA 13D fire sprinklers shall be installed in the development.