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HomeMy WebLinkAboutZA2024-048 - APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE DEMOLITION OF AN EXISTING THREE-UNIT RESIDENCE AND THE CONSTRUCTION OF A NEW THREE-STORY, 2,614-SQUARE-FOOT, TWO-UNIT RESIDENCE WITH A 735-SQUARE FOOT INTERNAL ACCESSORY DWELLING UNIT, A 354-SQURESOLUTION NO. ZA2024-048 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE DEMOLITION OF AN EXISTING THREE-UNIT RESIDENCE AND THE CONSTRUCTION OF A NEW THREE-STORY, 2,614-SQUARE-FOOT, TWO-UNIT RESIDENCE WITH A 735-SQUARE-FOOT INTERNAL ACCESSORY DWELLING UNIT, A 354-SQUARE-FOOT ATTACHED TWO-CAR GARAGE, AND THREE CARPORT SPACES LOCATED AT 1509, 1509 ½ and 1509 ¼ WEST BALBOA BOULEVARD (PA2023-0184) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by William Azzalino (Applicant) on behalf of Karen Luu (Owner), with respect to property located at 1509, 1509 ½, and 1509 ¼ West Balboa Boulevard, and legally described as Lot 24 of Block 15 of the Tract of Newport Beach Section B (Property), requesting approval of a coastal development permit (CDP). 2. The Applicant proposes to demolish an existing nonconforming three-unit residence to construct a new three-story, 2,614-square-foot, two-unit residence with a 735-square-foot internal accessory dwelling unit (ADU), a 354-square-foot attached two-car garage, and a total of three carport spaces. The design also includes appurtenances such as hardscape and landscaping (Project). 3. The Property is located within the Two-Unit Residential (R-2) Zoning District and the Two Unit Residential (RT) General Plan Land Use Element category. The R-2 Zoning District permits single- and two-unit residential dwellings. The existing three-unit residence is considered nonconforming due to density. City records indicate that this Property has been recognized as a three-unit residence since 1970. 4. The Property is located within the coastal zone. The Property is within the Two-Unit Residential (R-2) Coastal Zoning District and Two Unit Residential (RT-D 20.0 – 29.9 DU/AC) Coastal Land Use Plan Category. 5. The Property is located with the Categorical Exclusion Area of the Coastal Zone as designated by the California Coastal Commission (CCC). Properties within the Categorical Exclusion Areas can be excluded from the requirements of the Coastal Act. However, the Categorical Exclusion Area only applies to the development of single- and two-unit residences. The Project is to construct a two-unit residence with an internal ADU; therefore, the Project does not qualify for a Categorical Exclusion Order and a CDP is required. 6. A public hearing was held on August 29, 2024, online via Zoom. A notice of time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Zoning Administrator Resolution No. ZA2024-048 Page 2 of 9 01-03-17 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. 2. Class 3 exempts the construction of apartments, duplexes and similar structures totaling up to six dwelling in urbanized areas. The Project is to demolish an existing three-unit dwelling and construct a new two-unit residence with an internal ADU located in the R- 2 Coastal Zoning District within a developed neighborhood. Therefore, the Class 3 exemption is applicable. 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) (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 Project 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 3,707 square feet and the proposed floor area is 3,703 square feet. b. The Project complies with the required setbacks, which are 5 feet along West Balboa Boulevard, 3 feet along each side property line and 0 feet along the rear alley. Zoning Administrator Resolution No. ZA2024-048 Page 3 of 9 01-03-17 c. The highest guardrail/parapet is below 24 feet from established grade and the highest ridge is 29 feet from the established grade. The Project therefore complies with all height requirements. d. The Project provides a two-car garage and three carport spaces which comply with the minimum parking requirements for a two-unit residence. The proposed internal ADU does not require additional parking. e. The Project proposes a minimum top of slab elevation of 9.0 feet based on the North American Vertical Datum of 1988 (NAVD 88) which complies with the minimum 9.0-foot NAVD 88 top of slab elevation requirement. 2. The Project is to demolish the existing three-unit residence on-site to construct a two- unit residence and an internal 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 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 two-unit 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-unit residential development such as duplexes or townhomes. Implementation Program (IP) Table 21.18-1 shows “Two-Unit Dwellings” and “Accessory Dwelling Units” as allowed uses in the R-2 Coastal Zoning District. Therefore, the Project of a two-unit residence with an internal ADU to replace the existing three-unit residence is consistent with the R-2 zoning and land use designations and does not result in a loss of residential density. 3. The neighborhood is developed with a range of single- and two-unit homes between one and three stories. The Project’s three-story residence’s design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 4. The Property is not located within 200 feet of the water mean high tide line; therefore, a Coastal Hazards Report was not prepared for this Project. The Property does not have an existing bulkhead and is not directly abutting the shoreline. 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 prior to 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 the CBC prior to building permit issuance. 6. The Property is not located adjacent to a coastal view road as identified in the Coastal Land Use Plan. The Property is located approximately 200 feet from Veterans Memorial Zoning Administrator Resolution No. ZA2024-048 Page 4 of 9 01-03-17 Park, which is identified as a Public Viewpoint by the Coastal Land Use Plan. Additionally, the Project may be located within the viewshed of other distant public viewing areas. Site evaluation revealed that the proposed three-story design is consistent with the existing neighborhood pattern of development and will not affect the existing views afforded from the surrounding streets. The Project will replace an existing three-unit residence with a new two-unit residence and internal ADU that complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood 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 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 Property is located on the Balboa Peninsula 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 replaces an existing three-unit residence with a new two-unit residence and internal ADU. 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 so as not to block or impede existing public access opportunities. 2. Fact in Support of Finding A.2 is hereby incorporated by reference. 3. The Property is located between 15th Street and 16th Street, which are identified by the Coastal Land Use Plan as having public beach access at their street ends. The Project does not interfere with the existing nearby access to the beach, which will continue to be provided. Lateral access to the beach is available along the West Ocean Front walking path. 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 (Conversion or Construction 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 and that the exceptions to the Class 3 Exemption do not apply. Zoning Administrator Resolution No. ZA2024-048 Page 5 of 9 01-03-17 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. PA2023-0184, 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 29TH DAY OF AUGUST 2024 Zoning Administrator Resolution No. ZA2024-048 Page 6 of 9 01-03-17 EXHIBIT “A” CONDITIONS OF APPROVAL (Project specific conditions are italicized) Planning Division 1. The Project 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. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 4. 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. 5. 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 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. 6. Coastal Development Permit No. PA2023-0184 shall expire and become void unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the NBMC, unless an extension is otherwise granted. 7. 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. 8. 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. 9. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. Zoning Administrator Resolution No. ZA2024-048 Page 7 of 9 01-03-17 10. 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. 11. 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. 12. Debris from demolition shall be removed from work areas each day and removed from the Property 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. 13. 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. 14. 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. 15. 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. 16. 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 Zoning Administrator Resolution No. ZA2024-048 Page 8 of 9 01-03-17 found, 2 or 1 short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 17. 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. 18. Prior to the issuance of building permits, 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 either the current business owner, property owner, or the leasing agent. 20. 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 Luu Residence including, but not limited to, Coastal Development Permit No. PA2023-0184. 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. Building Division 21. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and approved by the Building Division. Implementation shall be in compliance with the WQHP/WQMP, and any changes could require separate review and approval by the Building Division. 22. Prior to the issuance of building permits, the Applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 23. Prior to issuance of the 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. Zoning Administrator Resolution No. ZA2024-048 Page 9 of 9 01-03-17 24. Prior to the issuance of building permits, the Applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 25. Prior to issuance of building permits, the Applicant shall submit a soils report which include recommendations for construction on liquefiable soils. Additionally, the building foundation shall comply with the minimum requirements of the City of Newport Beach Building Code Policy CBC 1803.5.11-12. Public Works Department 26. Public All improvements shall be constructed as required by Ordinance and the Public Works Department. 27. An encroachment permit shall be required for all work activities within the public right- of-way. 28. Existing broken and/or otherwise damaged concrete curb, gutter and sidewalk panels along the West Balboa Boulevard frontage and any damaged concrete panels along the alley frontages shall be reconstructed. 29. Each unit shall be served by its individual water service/meter and sewer lateral/cleanout. 30. The elevation at the back of curb of the carports (portion closest to the alley) shall be a minimum of 6-inches above the adjacent alley flowline. 31. All improvements shall comply with the City’s sight distance requirement. See City Standard 100-L and NBMC Section 21.30.0130 (Traffic Safety Visibility Area). 32. In case of damage done to public improvements surrounding the Property by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector.