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HomeMy WebLinkAboutZA2017-043 - COASTAL DEVELOPMENT PERMIT APPLICATION - DEMO EXISTING SFR AT 322 BUENA VISTA BOULEVARD, ADD ONTO EXISTING SFR AT 320 BUENA VISTA BOULEVARDRESOLUTION NO. ZA2017-043 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-028 FOR THE EXPANSION OF AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 320 AND 322 BUENA VISTA BOULEVARD (PA2017-068) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Stephen E. Rogers, with respect to property located at 320 and 322 Buena Vista Boulevard requesting approval of a coastal development permit. 2. The lot at 320 Buena Vista Boulevard is legally described as Lot 158 of Subdivision Block A, East Newport. The lot at 322 Buena Vista Boulevard is legally described as Lot 157 of Subdivision Block A, East Newport. The two lots were approved to be merged by the Zoning Administrator on October 27, 2016, under Lot Merger No. LM2016-059 and by the California Coastal Commission on March 8, 2017, under Coastal Development Permit No. 5-16-115-W. Upon the demolition of the existing residence located at 322 Buena Vista Boulevard, recordation of the lot merger documents will be completed. 3. The applicant proposes the demolition of an existing single-family residence at 322 Buena Vista Boulevard and remodel/expansion of an existing 3,075 square -foot, single-family residence at 320 Buena Vista Boulevard with a 3,070 -square -foot addition. The resulting floor area of the residence would be 6,145 square feet. Parking would consist of an existing two -car garage and a new three -car garage. The proposed development also includes additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. 4. The subject property is located within the Single -Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 5. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is Single -Unit Residential Detached (RSD -C). 6. A public hearing was held on June 15, 2017, in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. Zoning Administrator Resolution No. ZA2017-043 Paqe 2 of 8 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 1 exempts the demolition of up to three up to 10,000 square feet to existing structure demolition of one single-family residence and existing single-family residence. SECTION 3. REQUIRED FINDINGS. single-family residences and additions of s. The proposed project consists of the the addition of 3,070 square feet to an In accordance with Section 21.52.015 (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: 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 6,720 square feet and the proposed floor area is 6,145 square feet. b. The proposed development complies with the required setbacks, which are 9 feet along the front property line abutting Buena Vista Boulevard, 4 feet along each side of property line and 5 feet along the rear property line abutting the alley. Portions of the existing residence that currently encroach up to 4 inches into the westerly side setback are proposed to be demolished and the structure modified for setback conformance. The highest guardrail is less than 24 feet from established grade and the highest ridge is approximately 29 feet from established grade, which comply with the maximum height requirements. d. The project includes garage parking for a total of five vehicles, exceeding the minimum three -car garage parking requirement for single-family residences with more than 4,000 square feet of habitable floor area. 04-27-17 Zoning Administrator Resolution No. ZA2017-043 Paqe 3 of 8 2. The neighborhood is predominantly developed with two -and three-story single-family residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 3. The project site is separated from the Newport Bay by a public sidewalk and private bayfront parcels. The finish floor elevation of the existing dwelling and proposed addition is 9.9 MSL (NAVD 88), which is higher than the 9.00 MSL (NAVD88) elevation standard. A waterproofing 6 -inch curb is proposed to be constructed around the perimeter of the dwelling that would protect against flooding up to an elevation of 10.4 feet (NAVD88). 4. A Coastal Hazard and Sea Level Rise Analysis was prepared by GeoSoils, Inc., dated October 28, 2016 for the project. The report concludes it is very unlikely that any type of wave will reach the site even considering a 4.5 -foot sea level rise and that the proposed project is reasonably safe from the shoreline erosion due to lack of wave or wakes that can erode sand from the beach. Overall, the analysis concludes that the proposed project will be safe from flooding hazards for the next 75 years using a low anticipated sea level rise rate and for the next 58 years using the highest anticipated sea level rise rate. 5. The property is located 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 CBC prior to building permit issuance. 6. The property is located within 100 feet of coastal waters. Pursuant to Section 21.35.030 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 by construction chemicals and materials. A CPPP prepared by Civilscapes Engineering, dated March 7, 2017, has been reviewed and approved by the City's Engineer Geologist. 7. Pursuant to Municipal Code Section 21.35.050, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. A WQHP prepared by Civilscapes Engineering, dated March 7, 2017,has been reviewed and approved by the City's Engineer Geologist The WQHP 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 8. Proposed landscaping complies with Implementation Plan Section 21.30.075. A condition of approval is included that requires drought tolerant and prohibits invasive 04-27-17 Zoning Administrator Resolution No. ZA2017-043 Paqe 4 of 8 species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. 2. Vertical access to the bay front is available approximately 250 feet west of the site at the intersection of Buena Vista Boulevard and West Bay Avenue where there is a small public beach with access to the water. 3. The public beach is also the start of a six -foot -wide public sidewalk providing lateral access and views of the bay along the bay front in front of the project site. The sidewalk is located within a 10 -foot -wide right-of-way that would allow for future widening and maintenance of the sidewalk. 4. The property is subject to Restrictive Covenant Agreements limiting the height of improvements and landscaping within previously vacated right-of-way bayward of the public sidewalk to maintain views of the bay. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-028, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 2. 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. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City's certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. 04-27-17 Zoning Administrator Resolution No. ZA2017-043 Paqe 5 of 8 PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF JUNE, 2017. Patrick J. Alford, Zoning Administrator 04-27-17 Zoning Administrator Resolution No. ZA2017-043 Page 6 of 8 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, recordation of the Lot Merger No. LM2016-009 documents with the County Recorder shall be required. 3. 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. 4. The existing stairs and planter wall located within the public right-of-way in front of 322 Buena Vista Boulevard lot shall be removed. 5. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit. 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. 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. 8. 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. 9. 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. 04-27-17 Zoning Administrator Resolution No. ZA2017-043 Paqe 7 of 8 10. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit. 11. Prior to issuance of the building permits, the approved CPPP and WQMP shall be submitted with the Building Permit plans. Implementation shall be in compliance with the approved CPPP and WQMP and any changes could require separate review and approval by the Building Division. 12. 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. 13. 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. 14. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 15. 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. 16. This Coastal Development Permit No. CD2017-028 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. 17. 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 Rogers Residence Coastal Development Permit including, but not limited to, Coastal Development Permit No. CD2017-028 (PA2017-068). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attomeys' fees, and other expenses incurred in connection with such claim, action, causes 04-27-17 Zoning Administrator Resolution No. ZA2017-043 Paqe 8 of 8 of action, suit or proceeding whether incurred by applicant, City, and/orthe 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. 04-27-17