HomeMy WebLinkAboutZA2017-048 - CDP TO DEMO EXISTING SFR W/ 2-CAR GARAGE AND CONSTRUCT NEW 3 LEVEL SFR WITH ATTACHED 3-CAR GARAGE. - 1519 E Bay AveRESOLUTION NO. ZA2017-048
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-017 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 3 -CAR
GARAGE LOCATED AT 1519 EAST BAY AVENUE (PA2017-042)
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 Guidero Design, with respect to property located at
1519 East Bay Avenue, requesting approval of a Coastal Development Permit.
2. The lot at 1519 East Bay Avenue is legally described as the Easterly ''/z of Lot 9 and Lot
10, Block 24, Balboa Tract East Side Addition.
3. The applicant proposes to demolish a 2 -story single-family residence and 2 -car garage
and construct a new 4,069 -square -foot, 3 -story, single-family residence with attached
692 -square -foot, 3 -car garage. The design includes hardscape, drainage, and 62 square
feet of landscaping. The project complies with all applicable development standards and
no deviations are requested.
4. The subject property is located within the R-1 (Single -Unit Residential) Zoning District and
the General Plan Land Use Element category is RS -D (Single -Unit Residential Detached).
5. The subject properties are located within the coastal zone. The Coastal Land Use Plan
category is RSD -B (Single -Unit Residential Detached — 6.0-9.9 DU/AC).
6. A public hearing was held on June 29, 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.
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, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures).
2. Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
Zoning Administrator Resolution No. 048
Paqe 2 of 8
demolition of one single-family residence and the construction of a new 4,069 -square -
foot, single-family residence and 692 -square -foot, 3 -car garage.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (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 5,550 square feet and the proposed floor area
is 4,761 square feet.
b. The proposed development provides the minimum required setbacks, which are 5
feet along the front property line abutting the waterfront, 4 feet along each side
property line and 5 feet along the rear property line abutting the alley.
C. The highest guardrail is less than 24 feet from established grade (9.0 feet NAVD88)
and the highest ridge is no more than 29 feet from established grade, which
complies with the maximum height requirements.
d. The project includes garage parking for a total of three vehicles, complying with the
minimum three -car garage parking requirement for single-family residences with
more than 4,000 square feet of habitable floor area.
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 development fronts the Newport Bay and is a private bay front parcel. The project
site is protected by an existing bulkhead. The finish floor elevation of the proposed
dwelling is 9.03 MSL (NAVD 88), which complies with the 9.00 MSL (NAVD88) elevation
standard. A waterproofing 6 -inch curb is proposed be constructed around the perimeter
of the dwelling that would protect against flooding up to an elevation of 9.53 feet
(NAVD88). Flood shields (sand bags and other methods) can be deployed across the
openings to protect prevent flooding to the structure.
4. A Coastal Hazard and Sea Level Rise Analysis was prepared by GeoSoils, Inc., dated
March 6, 2017 for the project. The report concludes that the proposed project is
06-02-2017
Zoning Administrator Resolution No. 048
Paqe 3 of 8
reasonably safe from the shoreline erosion due to lack of wave or wakes that can erode
sand from the beach. However, the site requires a raised bulkhead considering a 1.25 -
foot sea level rise (the low range of projected sea level rise over the 75 -design life of the
structure based on estimates for sea level rise provided by the National Research
Council 2012 SLR estimates) to protect the site and surrounding development from sea
level rise. The current City standard is 10.0 feet (NAVD88) and the project has been
conditioned to raise or replace the seawall to this elevation standard.
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
species. Prior to issuance of building permits, the final landscape plans will be reviewed
to verify invasive species are not planted.
9. The property is not located near designated public view points or coastal view roads and
will not impact public 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.
06-02-2017
Zoning Administrator Resolution No. 048
Paqe 4 of 8
Fact in Support of Finding:
The project site is located between the nearest public road and the sea or shoreline; the
project will not affect the public's ability to gain access to, use, and/or view the coast and
nearby recreational facilities. Vertical access to the bay front is available immediately
adjacent to the project site at the intersection of H Street and East Bay Avenue where there
is a small public beach with access to the water.
The project complies with the setbacks and height limitations so views will be unaffected.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2017-017, 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.
PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF JUNE, 2017.
Patrick J. Alford, Zoning Administrator
06-02-2017
Zoning Administrator Resolution No. 048
Paqe 5 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
(project specific conditions are italicized)
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 issuance of building permits, the project plans shall be updated to reflect that a
minimum 6 -inch waterproofing curb will be constructed around the proposed residence
as an adaptive flood protection device. Flood shields (sand bags and other methods)
can be deployed across the openings to protect prevent flooding to the structure.
3. Prior to final of building permits for the new home, the existing bulkhead or similar flood
protection improvement shall be raised or replaced to provide a minimum elevation of
10.0 feet NAVD88 datum or a height elevation to the satisfaction of the Public Works
Department. All improvements shall occur landward of the existing bulkhead.
4. Waiver of Future Protection for Properties with Approved Bulkheads — 21.30.030.C.3(i)
Prior to the issuance of a building permit, 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 including the
repair and maintenance, enhancement, reinforcement, or any other activity affecting the
bulkhead, that results in any encroachment seaward of the authorized footprint of the
bulkhead or other shoreline protective device. The agreement shall be binding against
the property owners and successors and assigns. A case is pending before the
California Supreme Court (Lynch v. California Coastal Commission (2014) 229
Cal.App.4th 658), which may affect this condition. If the Court finds the California
Coastal Commission is unable to limit future shoreline protection, this condition shall be
null and void without further action by either party.
5. Acknowledgement of Hazards for Waterfront Development - 21.30.015.D.3(c)
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.
06-02-2017
Zoning Administrator Resolution No. 048
Paqe 6 of 8
6. 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, wetland or their
buffers.
7. Best Management Practices (BMPs) and Good Housekeeping Practices (GNP's) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Pollution Prevention Plan (CPPP).
8. 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.
9. 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.
10. 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.
11. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
12. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
13. 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.
14. 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.
15. 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.
16. 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
06-02-2017
Zoning Administrator Resolution No. 048
Paqe 7 of 8
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.
17. Prior to issuance of the building permits, the approved CPPP and WQMP/WQHP shall
be submitted with the Building Permit plans. Implementation shall be in compliance with
the approved CPPP and WQMP/WQHP and any changes could require separate review
and approval by the Building Division.
18. 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.
19. 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.
20. 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.
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 No. CD2017-017 (PA2017-042) 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, 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 Lumpkin Residence CDP including, but not limited to, Coastal Development
Permit No. CD2017-017 (PA2017-042). 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
06-02-2017
Zoning Administrator Resolution No. 048
Paqe 8 of 8
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.
06-02-2017