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HomeMy WebLinkAboutZA2017-071 - COASTAL DEVELOPMENT PERMIT - ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE - 3415 OCEAN BOULEVARDRESOLUTION NO. ZA2017-071 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-041 TO CONSTRUCT A 383 SQUARE FOOT ADDITION WITHIN THE BASEMENT LEVEL OF AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 3415 OCEAN BOULEVARD (PA2017-094) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brion Jeannette Architecture with respect to property located at 3415 Ocean Boulevard, requesting approval of a Coastal Development Permit. 2. The lot at 3415 Ocean Boulevard is legally described Lot 6 of Tract 1257. 3. The applicant proposes to relocate the existing mechanical room below the first floor deck and construct a new home office, conference room, bath, and mechanical room within the basement level. The addition consists of 345 square feet of new livable area and 38 square feet of mechanical space, as well as a new deck at the basement level. A Coastal Development Permit (CDP) is required because construction is proposed within 50 feet of a coastal bluff (Section 21.52.035 of the Implementation Plan). The design also includes hardscape and stair improvements. The proposed addition complies with 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 property is located within the coastal zone. The Coastal Land Use Plan category is (RSD-A) Single Unit Residential Detached – (0.0 – 5.9 DU/AC). 6. A public hearing was held on September 14, 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). Zoning Administrator Resolution No. ZA2017-071 Page 2 of 7 06-02-2017 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 an addition of approximately 383 square feet, a new deck, and improvements to hardscape and stairs. 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, and height as evidenced by the project plans. a. The maximum floor area limitation is 8,550 square feet and the proposed floor area is 5,260 square feet. b. The proposed addition and deck comply with the Bluff Development Overlay (Ocean Boulevard/Breakers Drive) District, which is more restrictive than the standard 10-foot setbacks for the rear of the property. The proposed improvements to the basement deck and interior space would conform to the defined contours or development areas described in the Bluff Development Overlay District. No improvements are proposed within the front setback (10 feet) or the side setbacks (4 feet). c. The project would include an addition and improvements at the basement le vel and would not impact the height of the existing structure. Thus, further analysis of height is not warranted. d. The existing garage is nonconforming, with two parking spaces and a lift, where a 3-car garage is required. The addition is less than 10% of the existing square footage, and complies with the limitations defined in Section 20.38.060 Non- Conforming Parking of the Zoning Code. 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. Zoning Administrator Resolution No. ZA2017-071 Page 3 of 7 06-02-2017 3. Potential hazards to the existing residence were previously evaluated and addressed during the Coastal Development Permit process for the original home. Adding living area within the existing basement and extending a deck would not put the residence at risk of additional hazards that require assessment. Additionally, the project site is not protected by a bulkhead or other form of shoreline protection as it is located on a coastal bluff. 4. The proposed slab of the basement area is approximately 44 feet (NAVD 88) which is higher than the 9.00 feet (NAVD 88) standard. 5. Pursuant to NBMC Section 21.30.015(E)(5), 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., storm conditions, landslides, seismic activity, erosion, sea level rise, bluff retreat, etc.). 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. 6. 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. 7. The property is located within 200 feet of coastal waters. Pursuant to Municipal Code 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 has been reviewed and approved by the City’s Engineer Geologist. Construction plans and activities will be required to adhere to the approved CPPP. 8. The project site is located between the nearest public road and the sea or shoreline, but the basement level addition and deck will not change public recreation, access or views. The proposed addition is consistent with applicable development standards and approved entitlements including building height and setbacks. 9. Vertical access and views to the public beach are available adjacent to the site along Ocean Boulevard (Inspiration Point Park) and Corona del Mar State Beach. The subject property contains an existing public access easement located along the western border parallel to the beach along the rear property line. However, the addition and deck are located at the basement level of the existing home and not located within or near the public access easement. Thus, the location and extent of the proposed improvements would preclude impacts to public access or views. Zoning Administrator Resolution No. ZA2017-071 Page 4 of 7 06-02-2017 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 proposed project is located between the nearest public road and the sea or shoreline. Facts 8 and 9 in support of Finding A above are hereby incorporated by reference, and public access will not be affected. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-041, 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 14TH DAY OF SEPTEMBER, 2017. _______________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2017-071 Page 5 of 7 06-02-2017 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 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 to address the threat of 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 agreemen t 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. Prior to the issuance of the building permits, the approved Construction Pollution Prevention Plan (CPPP) shall be submitted with the building permit plans. Implementation shall be in compliance with the approved CPPP and any changes could require separate review and approval by the Building Division. 6. Coastal Development Permit No. CD2017-041 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.0 60 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 7. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. Zoning Administrator Resolution No. ZA2017-071 Page 6 of 7 06-02-2017 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 improvement in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 9. Prior to the issuance of 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 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. 11. Prior to the issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusio n 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. Zoning Administrator Resolution No. ZA2017-071 Page 7 of 7 06-02-2017 18. Best Management Practices (BMPs) and Good Housekeeping Practices (GHP’s) shall be implemented prior to and throughout the duration of construction activity as designated in the CPPP. 19. 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. 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 3415 Ocean Boulevard Coastal Development Permit including, but not limited to, Coastal Development Permit No. CD2017-041 (PA2017-094). 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.