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HomeMy WebLinkAboutZA2023-076 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-UNIT DWELLING AND CONSTRUCT A NEW SINGLE-UNIT DWELLING WITH AN ATTACHED TWO-CAR GARAGE AND ACCESSORY DWELLING UNIT AT 31 BEACON BAY (PA2023-0150)01-10-2023 RESOLUTION NO. ZA2023-076 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE- UNIT DWELLING AND CONSTRUCT A NEW SINGLE-UNIT DWELLING WITH AN ATTACHED TWO-CAR GARAGE AND ACCESSORY DWELLING UNIT AT 31 BEACON BAY (PA2023- 0150) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by David Dilettoso of Mesa Studio (“Applicant”), on behalf of Donte Andry (“Owner”), with respect to property located at 31 Beacon Bay, requesting approval of a coastal development permit. 2. The property is legally described as Parcel 31, of Record of Survey RS_009_42-43 (“Property”). 3. The Applicant is requesting a coastal development permit (CDP) to allow the demolition of an existing two-story residential single unit dwelling and the construction of a new 3,662 square foot three-story residential dwelling unit with a 649 square-foot attached garage, and a 703 square foot attached Accessory Dwelling Unit. The project includes a total of 5,014 square feet of gross floor area. The project complies with all applicable development standards and no deviations are requested. The proposed development includes additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. All improvements authorized by this CDP will be located on private property. 4. The subject property is designated Two Unit Residential (RT) by the General Plan Land Use Element and is located within the Two-Unit Residential (R-2) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two Unit Residential (RT-C) (10.0 – 19.9 DU/AC) and it is located within the Two-Unit Residential (R-2) Coastal Zoning District. 6. A public hearing was held on December 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 Zoning Administrator Resolution No. ZA2023-076 Page 2 of 7 01-10-2023 Conversion of Small Structures) because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the demolition, construction, or conversion of up to three single-family residences in urbanized areas. The proposed project consists of the demolition of an existing single-unit residence and the construction of a new three-story 4,311 square foot single-unit residence with an attached two-car garage and an attached 703 square foot ADU. 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(F) (Coastal Development Permits - Findings and Decision) of the NBMC, 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 project complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. 2. The maximum floor area limitation is 6,105 square feet and the proposed floor area is approximately 5,014 square feet. 3. The proposed project provides the minimum required setbacks, which are 5 feet along the front property line abutting Schooner Road, 4 feet along each side property line, and 10 feet along the property line abutting Reef Cove. 4. The highest guardrail is less than 24 feet from the established grade (10.33 feet NAVD88) and the highest ridge is no more than 29 feet from the established grade, which complies with the maximum height requirements. Pursuant to Section 21.30.060 (D)(6) (Height Limits and Exceptions – Exceptions to Height Limits) and Condition of Approval No. 2, the project design shall be revised to provide an elevator that complies with the maximum height of 29 feet (for elevators 30 square feet or less). 5. The project includes a new 649 square foot garage for the parking of two vehicles, complying with the minimum two-car garage parking requirement for single-unit dwellings with less than 4,000 square feet of habitable floor area. The attached ADU does not require additional parking, as the property is located within ½-mile of public transportation. Zoning Administrator Resolution No. ZA2023-076 Page 3 of 7 01-10-2023 6. The neighborhood is predominantly developed with two-story, single-unit dwellings. However, some of the newer residences have a rooftop deck and a partial third story. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development. 7. The finished floor elevation of the proposed single-unit dwelling is 11.06 feet (NAVD 88) which complies with the minimum 9.00-foot (NAVD 88) elevation standard. 8. The property is approximately 261 feet from Promontory Bay and is separated from the bayfront by Harbor Island Drive and three rows of existing residential development. The identified distances from the coastal hazard areas coupled with the 11.06-foot NAVD88 finish floor elevation will help to ensure the project is reasonably safe for the economic life of the structure. 9. The property is in an area known for the potential of seismic activity and liquefaction. A project-specific Geotechnical Investigation was prepared by R McCarthy Consulting dated August 15th, 2023, and provides recommendations relative to grading, drainage and foundation design. 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 a building permit. Permit issuance is also contingent on the inclusion of design recommendations identified in the investigations. Construction plans are reviewed for compliance with the recommendations and the CBC before building permit issuance. 10. The property is not located on the shoreline nor is it located within 100 feet of coastal waters. 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 and minor rain event run-off on-site. Any water not retained on-site is directed to the City’s storm drain system. No water quality impacts to coastal waters are anticipated based upon the location and elevation of the property. 11. The nearest Public Viewpoint is located in the parking lot of 829 Harbor Island Drive approximately 950 feet south of the property, with views of the entrance to the Harbor and Balboa Island. The proposed residence is not located near Coastal View Roads, as designated in the Coastal Land Use Plan. Due to the distance of the proposed development from the identified Public Viewpoints, orientation of views from the viewpoint, and the project’s compliance with height and setbacks, the project will not impact existing coastal 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. ZA2023-076 Page 4 of 7 01-10-2023 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 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 single-unit residence located on a standard R-2 lot with a new single-unit residence and ADU. 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. 2. The residential lot does not currently provide, nor does it inhibit public coastal access. The property is located approximately 411 feet from the public beach and vertical coastal access is provided along several streets ends within the neighborhood. The nearest vertical access point is located at the Reef Cove street-end. Lateral access is available via a public beach fronting Balboa Island Channel. 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 (PA2023-0150), 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 DECEMBER, 2023. Zoning Administrator Resolution No. ZA2023-076 Page 5 of 7 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 to the issuance of building permits, the project plans shall be revised to reduce the height of the elevator to comply with the height limits identified in 21.30.060 (Height Limits and Exceptions) of the NBMC. 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. 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. 5. 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. 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. Zoning Administrator Resolution No. ZA2023-076 Page 6 of 7 01-10-2023 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. Prior to 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. 14. Prior to 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. 15. Prior to 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. 16. Prior to issuance of building permits, 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. 17. 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 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. Zoning Administrator Resolution No. ZA2023-076 Page 7 of 7 01-10-2023 18. 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 Sundays or Holidays. 19. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) 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 20. 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. 21. 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. 22. 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. 23. 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 Andry Residence including but not limited to, Coastal Development Permit (PA2023-0150). 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.