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HomeMy WebLinkAboutZA2024-039 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING DUPLEX AND CONSTRUCT A NEW THREE-STORY SINGLE-UNIT DWELLING AND JUNIOR ACCESSORY DWELLING UNIT AND AN ATTACHED TWO-CAR GARAGE LOCATED AT 503 & 503 ½ 36TH STREET (PA2024-0063)RESOLUTION NO. ZA2024-039 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING DUPLEX AND CONSTRUCT A NEW THREE-STORY SINGLE-UNIT DWELLING AND JUNIOR ACCESSORY DWELLING UNIT AND AN ATTACHED TWO-CAR GARAGE LOCATED AT 503 & 503 ½ 36TH STREET (PA2024-0063) 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 Morgan, Architect, on behalf of the owner Steven Allen with respect to property located at 503 & 503 ½ 36th Street, and legally described as Lot 2, Block 536 of the Canal Section Tract, requesting approval of a Coastal Development Permit. 2. The Applicant requests a coastal development permit (CDP) to allow the demolition of an existing duplex and the construction of a new 2,208-square-foot, three-story, single-unit dwelling with an attached 291 square foot junior accessory dwelling unit (JADU) and an attached 449-square-foot, two-car garage. The project includes landscape, hardscape, drainage, and accessory structures all within the confines of the property. The project also includes raising the height of the existing bulkhead. The project complies with all development standards and no deviations are requested. All improvements authorized by this CDP will be located on private property. 3. The subject property is categorized RT (Two Unit Residential) by the General Plan Land Use Element and is located within the R-2 (Two-Unit Residential) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-D (Two Unit Residential) - (20.0 – 29.9 DU/AC) and it is located within the R-2 (Two-Unit Residential) Coastal Zoning District. 5. A public hearing was held on June 13, 2024, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with 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. ZA2024-039 Page 2 of 10 2. Class 3 exempts the demolition and construction of up to three single-family residences in urbanized areas. The proposed project consists of the demolition of an existing duplex with an attached garage and the construction of a new 2,208-square-foot, three-story, single-unit dwelling with an attached 291 square foot JADU and an attached 449- square-foot, two-car garage. 3. There are no known exceptions listed in CEQA Guidelines Section 15300.2 (Exceptions) that would invalidate the use of these exemption. 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 (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 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 3,120 square feet and the proposed floor area is 2,949 square feet including the 449 square foot garage and 291 square foot JADU. b. The proposed development provides the minimum required setbacks, which are five feet along the front property abutting 36th street, three feet along each side property line, and 30 feet along the second front property line abutting the Bay. c. The highest flat roof/guardrail is below 24 feet from established grade (33 feet NAVD88) and the highest ridge is no more than 29 feet from established grade. The proposed development complies with all height requirements. d. The proposed development provides a two-car garage, meeting the minimum two- car garage requirement for a single-family residence with less than 4,000 square feet of habitable floor area. No parking is required for the JADU. e. The proposed lowest finished floor elevation of the new residence is 9.0 feet North American Vertical Datum of 1988 (NAVD 88), which complies with the minimum 9.0-foot top of slab elevation requirement for interior living areas of new structures. Zoning Administrator Resolution No. ZA2024-039 Page 3 of 10 f. The JADU complies with the maximum floor area, parking, height, and setback provisions of the NBMC. 2. The neighborhood is predominantly developed with two-story single-unit dwellings with scattered one and three-story single-unit dwellings. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development. 3. The Project proposes to demolish the existing duplex on-site to construct a single-unit dwelling and attached 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 State Department of Housing and Community Development (HCD) has verified with the City in an email dated March 23, 2022, that an ADU is considered a housing unit under Government Code Section 66300 provisions to replace existing units. 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-unit dwellings and accessory dwelling unit land uses. Under Coastal Land Use Plan Table 2.1.1-1, the Two Unit Residential (RT) category is intended to provide primarily for two-family residential development such as duplexes or 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 a single-unit dwelling residence and junior accessory dwelling unit to replace the existing duplex is consistent with the R-2 zoning and land use designations and does not result in a loss of residential density. 4. The development fronts the Newport Harbor and is protected by a bulkhead. A bulkhead conditions report was prepared by PMA Consulting, Inc. dated February 22, 2024. The report concluded that the bulkhead is required to protect the proposed principal structure on the lot, and to do so must be repaired, reinforced, and raised. The PMA Consulting, Inc. report asserts that with maintenance, repair, and reinforcement, it is reasonable to assume that the bulkhead will last another 75 years. 5. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA Consulting, Inc. dated February 22, 2024. The current maximum bay water elevation is 7.7 feet (NAVD88) and may exceed the existing top of bulkhead elevation of approximately 7.5 feet during rare high tide or storm events. The report analyzes future sea level rise scenarios assuming an increase in the maximum water level over the next 75 years (i.e., the life of the structure) of about 3.15. The sea level is estimated to reach approximately 9.7 to 13.7 feet (NAVD88) - (the likely range for sea level rise over 75- year design life of the structure based on low risk and medium/high risk aversion estimates for sea level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update). Once the existing bulkhead is raised to 10.9 feet per proposed plans, flooding, wave runup, and erosion will not significantly impact this property over the proposed 75-year economic life of the development. Zoning Administrator Resolution No. ZA2024-039 Page 4 of 10 6. On March 23, 2021, the City Council approved updated Waterfront Project Design Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities. The guidelines require that any bulkhead structure permitted within the years 2021 through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD88) with a design for adaptability elevation of 14.4 feet (NAVD 88). The project proposes to raise the bulkhead to an elevation of 10.9 feet (NAVD 88). PMA Consulting, Inc. has confirmed that the bulkhead design can be raised up to 14.4 feet (NAVD88) if needed and in compliance with the updated guidelines. 7. The finish floor elevation of the proposed single-unit dwelling is at a minimum elevation of 9.0 feet NAVD88, which complies with the minimum 9.0-foot NAVD88 elevation standard. 8. 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 prior to the issuance of a building permit. 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 prior to building permit issuance. 9. Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv) - (Natural Landform and Shoreline Protection – Development Standards), the property owner will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The Waiver of Future Protection is included as a condition of approval that will need to be recorded prior to a final building inspection. 10. The property owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with Newport Beach Municipal Code (NBMC) Section 21.30.015(D)(3)(c) – (General Site Planning and Development Standards - Waterfront Development). The Acknowledgement of Coastal Hazards is included as a condition of approval that will need to be recorded prior to the issuance of building permits. The property is located adjacent to coastal waters. Pursuant to 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. 11. Pursuant to NBMC Section 21.35.050 (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 preliminary Water Quality Management Plan (WQMP) is required. The preliminary WQMP was prepared by Forkert Engineering & Surveying, Zoning Administrator Resolution No. ZA2024-039 Page 5 of 10 Inc. dated March 12, 2024. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be reviewed for compliance with the approved WQHP prior to building permit issuance. 12. 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. 13. 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 Newport Island Park, approximately 500 feet west of the property. Newport Island Park is separated from the subject property by the Rialto Channel and views are obstructed between them by the row of waterfront dwellings along 38th Street. Another coastal viewpoint lies 1000 feet northeast of the property, near the intersection of Central Avenue and Via Oporto. The nearest coastal view road segment is located along Newport Boulevard. These areas primarily offer views of the turning basin and Lido Channel. Views are oriented to the bay and properties across the water. Three rows of residences impede visibility to the subject property and these viewpoints and coastal view roads. 14. The proposed three-story design is consistent with the existing neighborhood pattern of development containing one, two, and some scattered three-story dwellings, and will not affect the existing, limited views afforded from the viewing areas. The project will replace an existing duplex with a new single-dwelling unit and JADU that comply with all applicable development standards, including the third-story setbacks that provide additional fifteen-foot setbacks along the bay and street property lines (as measured from the setback lines). There are also two-foot third floor setbacks from the side setback lines. The project presents the opportunity to enhance views by updating an older structure with a new building with an updated design. All structures within the front setback area along the bay would be limited to 42 inches in height, ensuring that the bay does not appear to be walled off. Therefore, the project does not have the potential to degrade the visual quality of the coastal zone or result in significant adverse impacts to 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. 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 includes Zoning Administrator Resolution No. ZA2024-039 Page 6 of 10 the demolition of a duplex and the reconstruction of a single-unit dwelling with an attached Junior Accessory Dwelling Unit on an R-2 zoned lot. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on 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. Coastal Access is currently provided and will continue to be provided by street ends throughout the Balboa Peninsula and the Finley Tract with access to the beach and water. The nearest vertical access is available less than 50 feet from the property at the Finley Avenue end. This location provides access (and views) to the edge of the bay but does not provide access into or along the Bay. There is an additional vertical access point at the 36th Street end where there is a grassy area. Lastly, 36th Street does not contain an outlet and the project would not impact 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 pursuant to 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 (PA2024-0063), subject to the conditions set forth 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 in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code (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. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF JUNE 2024. Zoning Administrator Resolution No. ZA2024-039 Page 7 of 10 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. Revisions to the approved plans may require an amendment to this coastal development permit or the processing of a new coastal development permit. 3. This coastal development permit does not authorize any development on the bay end of the private property. 4. Coastal Development Permit No. PA2024-0063 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 (NBMC), unless an extension is otherwise granted. 5. 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 JADU separate from the principal dwelling. This deed restriction shall remain in effect so long as the accessory dwelling unit exists on the property. 6. Prior to a final building permit inspection for the dwelling, the existing seawall shall be reinforced and capped to 10.90 feet (NAVD88) and capable to be raised up to 14.4 feet (NAVD88), in compliance with the City of Newport Beach Waterfront Project Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities. 7. Prior to the issuance of a building permit, the property owner shall submit a notarized signed letter acknowledging all hazards present at the site, assuming the risk of injury or damage from such hazards, unconditionally waiving any claims of damage against the City from such hazards, and to indemnify and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all 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 development. The letter shall be scanned into the plan set prior to building permit issuance. 8. Prior to a final building permit inspection, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices to address the threat of Zoning Administrator Resolution No. ZA2024-039 Page 8 of 10 damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors. 9. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and approved by the Building Division. Implementation shall comply with the approved CPPP and WQHP/WQMP; any changes could require separate review and approval by the Building Division. 10. Prior to the issuance of a building permit, the applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 11. Prior to the issuance of a building permit, the applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 12. 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. 13. 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. 14. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 15. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands, or their buffers. 16. 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. 17. 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. Stock-piles 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. 18. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. Zoning Administrator Resolution No. ZA2024-039 Page 9 of 10 19. Prior to the 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. 20. All landscape materials and irrigation systems shall be maintained in accordance with 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. 21. 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. 22. 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. 23. 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. 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. 24. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 25. 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 Zoning Administrator Resolution No. ZA2024-039 Page 10 of 10 maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 26. 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 either the current business owner, property owner, or the leasing agent. 27. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 28. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all 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 Allen Residence including, but not limited to, Coastal Development Permit (PA2024-0063). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth 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.