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HomeMy WebLinkAboutZA2017-064 - DEMOLISH EXISTING SINGLE FAMILY RESIDENCE AND CONSTRUCT NEW SINGLE FAMILY RESIDENCE - 1223 Balboa Blvd East RESOLUTION NO. ZA2017-064 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-038 FOR A NEW SINGLE- FAMILY RESIDENCE LOCATED AT 1223 EAST BALBOA BOULEVARD (PA2017-090) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Eric Aust with respect to property located at 1223 East Balboa Boulevard, and legally described as Parcel J of Resubdivision No. 252 requesting approval of a coastal development permit. 2. The applicant proposes the demolition of an existing single-family residence with attached garage and the construction of a new approximately 2,818 square-foot single-family residence with a 447-square-foot attached garage. The proposed development also includes additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. The project complies with all applicable development standards and no deviations are requested. 3. The subject property is designated Single-Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Single-Unit Residential (R-1) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single-Unit Residential Detached (6.0 – 9.9 DU/AC) (RSD-B) and it is located within the Single-Unit Residential (R-1) Coastal Zoning District. 5. A public hearing was held on August 24, 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 hearing 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 hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) 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. The Class 3 exemption includes one single-family residence in a residential zone. The proposed project is the demolition of an existing single-family residence and the construction of a new single-family residence within the R-1 District. Zoning Administrator Resolution No. ZA2017-064 Page 2 of 8 07-11-17 SECTION 3. REQUIRED FINDINGS. 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: 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 3,360 square feet and the proposed floor area is 3,265 square feet. b. The proposed development complies with the required setbacks, which are 10 feet along the front property line abutting East Ocean Front, 3 feet along each side property line and 0 feet along the rear property line abutting the alley. c. 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. The project also proposes a rooftop deck where there is a mansard roof serving as a guardrail. The ridge of the mansard roof is also below 29 feet and the finished floor of the deck is below 24 feet. d. The project includes garage parking for two vehicles, meeting the minimum two- car garage parking requirement for single-family residences with less than 4,000 square feet of habitable floor area. 2. Coastal Land Use Plan Section 3.1.3 (Beach Encroachments) allows encroachments into the Ocean Front right-of-way on a limited basis. The project includes reconstruction of existing approximately 2-foot tall patio walls fronting the East Ocean Front public sidewalk. The encroachment of walls into the public right-of-way is consistent with City Council Policy L-12 and Appendix C of Newport Beach Municipal Code (NBMC) Title 21. Compliance would be verified by the City’s Public Works Department during the building permit plan check process. 3. 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 consistent with applicable development standards. 4. The finished floor elevation of th e proposed residence is 10.00 feet (NAVD88) at East Balboa Boulevard and steps up to 11.75 feet (NAVD 88) at East Ocean Front. Both Zoning Administrator Resolution No. ZA2017-064 Page 3 of 8 07-11-17 elevations are higher than the minimum 9.00 MSL (NAVD88) elevation standard. The exterior walls of the proposed building have also been designed to incorporate adaptive waterproofing should it become necessary in the future. The reconstructed 2 -foot tall patio walls that separate the development from the East Ocean Front Boardwalk will also serve to protect the project site. 5. A Coastal Hazard and Sea Level Rise Analysis was prepared by GeoSoils, Inc., dated August 5, 2016, for the project. The report concludes it is very unlikely that any type of wave will reach the site even considering a 4.75 -foot rise in sea level that could occur by the year 2092. The report also concludes the proposed project will be reasonably safe from the shoreline erosion due to the width of the beach and lack of wave or wakes that would erode sand from the beach. Overall, the analysis concludes that the proposed project will be safe from flooding and erosion hazards for the next 75 years. 6. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), 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 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 NBMC Section 21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will need to be satisfied prior to the issuance of building permits for construction. 7. 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. 8. The property is located within 100 feet of coastal waters. Pursuant to NBMC Section 21.35.030, 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 Toal Engineering, Inc., dated June 15, 2017, has been reviewed and approved by the City’s Engineer Geologist. 9. Pursuant to NBMC 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 Toal Engineering, Inc., dated June 14, 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 a Low-Impact Development (LID) approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. Zoning Administrator Resolution No. ZA2017-064 Page 4 of 8 07-11-17 10. There is no landscaping currently proposed as part of the project. Any future landscaping will be verified for compliance with NBMC 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. 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: 1. The existing residential lot does not currently provide nor inhibit public coastal access. The proposed development will remain within the existing residential lot and construction would not encroach any further into the abutting public right-of-way (East Ocean Front). All reconstructed encroachments comply with City Council Policy L -12 and Appendix C of NBMC Title 21, which is in furtherance of Coastal Land Use Plan Section 3.1.3 (Beach Encroachments), first certified by the Coastal Commission in 2005. 2. Vertical access is currently provided at multiple points at public street ends (D Street and E Street are the closest to the project site). Horizontal access is provided by the East Ocean Front boardwalk and the over 500 foot wide public beach directly to the south. 3. The property is not located near Public View Points or Coastal View Roads, as designated in the Coastal Land Use Plan, and will not impact public coastal views because the proposed development is within the private residential lot and complies with all applicable development standards including setbacks and building height. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-038, 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 Zoning Administrator Resolution No. ZA2017-064 Page 5 of 8 07-11-17 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 24TH DAY OF AUGUST, 2017. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2017-064 Page 6 of 8 07-11-17 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 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. 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. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit. 5. Coastal Development Permit No. CD2017-038 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. 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 Zoning Administrator Resolution No. ZA2017-064 Page 7 of 8 07-11-17 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. 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 Construction Pollution Prevention Plan (CPPP) and Water Quality and Hydrology Plan (WQHP) shall be submitted with the Building Permit plans. Implementation shall be in compliance with the approved CPPP and WQHP 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. No demolition or construction materials, equipment debris, or waste, shall be placed or stored on the beach or 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. 16. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity as designated in the CPPP. 17. 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 Zoning Administrator Resolution No. ZA2017-064 Page 8 of 8 07-11-17 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. 18. 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. 19. 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. 20. 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. 21. 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 Arrache Residence CDP including, but not limited to, Coastal Development Permit No. CD2017-038 (PA2017-090). 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.