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HomeMy WebLinkAboutZA2018-075 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE WITH ATTAHCED 2-CAR GARAGE AND CARPORT - 1012 WEST BAY04-03-2018 RESOLUTION NO. ZA2018-075 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-023 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE WITH ATTACHED 2-CAR GARAGE AND CARPORT LOCATED AT 1012 WEST BAY AVENUE (PA2018-058) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brandon Architects, Inc., representing property owners, Kevin and Stephanie Kaberna, with respect to property located at 1012 West Bay Avenue, requesting approval of a coastal development permit. 2. The lot at 1012 West Bay Avenue is legally described as Lot 8, Block 5, of Tract 626. 3. The applicant proposes a coastal development permit to demolish an existing single-family residence and construct a new 3-story, 3,658-sq-ft single-family residence and 428-sq-ft attached 2-car garage and 1-car carport. The project includes hardscape, drainage, landscaping improvements, and a reinforced bulkhead. The proposed residence complies with all applicable development standards including height, setbacks, and floor area limits. No deviations are requested. 4. The subject property is designated RS-D (Single Unit Residential Detached) by the General Plan Land Use Element and is located within the R-1 (Single-Family Residential) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD-B (Single-Unit Residential Detached) and it is located within the R-1 (Single-Unit Residential) Coastal Zone District. 6. A public hearing was held on June 14, 2018, 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 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), because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. 075 Page 2 of 8 04-03-2018 2. Class 3 exempts the demolition of up to three single-family residences. The proposed project consists of the demolition of one single-family residence and the construction of a new 3,658-square-foot single-family residence and attached 428-square-foot 2-car garage and 1-car carport. 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 (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 4,603 square feet and the proposed floor area is 4,086 square feet. b. The proposed development provides the minimum required setbacks, which are 25 feet along the waterfront, 3 feet along each side property line, and 5 feet along the second frontage along West Bay Avenue. c. The highest guardrail is less than 24 feet from established grade (9.00 feet NAVD88) and the highest ridge is no more than 29 feet from established grade, which comply with the maximum height requirements. d. The project includes garage parking for a total of two vehicles, complying with the minimum two-car garage parking requirement for single-family residences with less 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. Zoning Administrator Resolution No. 075 Page 3 of 8 04-03-2018 3. The development fronts the Newport Bay. The project site is protected by a bulkhead. The finished floor elevation of the proposed dwelling is 9.00 feet (NAVD 88), which complies with the minimum 9.00 feet (NAVD88) elevation standard. 4. A Coastal Hazard Report and Sea Level Rise Analysis was prepared by PMA Consulting, Inc. dated March 8, 2018, for the project. The report concludes that with the proposed improvements, it is very unlikely that any type of wave will reach the site even considering a 1.5-foot sea level rise (SLR). Overall, the analysis concludes that the proposed project will be safe from flooding hazards for the next 75 years with the reinforced and capped bulkhead. The existing bulkhead is not in good condition and is in need of maintenance and repair at this time. The bay water elevation (currently maximum 7.2 NAVD88) will exceed the current 7.89 feet NAVD88 top of bulkhead elevation when sea level rise is greater than 0.69 feet, which would occur in approximately 42 years based on the minimum estimates for SLR provided by the National Research Council 2012 SLR report. Therefore, the project has been conditioned to raise or cap the bulkhead up to the minimum City standard of 10.0 feet (MLLW), 9.82 feet (NAVD88) to protect the improvements and other properties on the Balboa Peninsula for the anticipated 75 -year life of the proposed improvements. The site is also vulnerable to flooding from the adjacent street ends and other low lying properties that will need to be raised in the future. 5. Pursuant to NBMC Section 21.30.030 (Natural Landform and Shoreline Protection) (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 (General Site Planning and Development Standards) (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 100 feet of coastal waters. Pursuant to NBMC Section 21.35.030 (Construction Pollution Prevention Plan), 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 from construction chemicals and materials. A CPPP has been prepared and included in the plan sets for review and approval prior to the issuance of construction permits. Construction plans and activities will be required to adhere to the approved CPPP. Zoning Administrator Resolution No. 075 Page 4 of 8 04-03-2018 8. The project design addresses water quality with a construction erosion control plan and a post construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event run-off on-site. Any water not retained on-site is directed to the City’s storm drain system. 9. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), because of the site’s proximity to the water and because the development contains more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) was prepared by Thomas M. Ruiz, P.E. of Forkert Engineering, dated March 6, 2018. The final WQHP will be required to be reviewed and approved by the City’s Engineer Geologist prior to building permit issuance. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of a low-impact development approach to retain the design storm runoff volume on-site, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be required to comply with the approved WQHP prior to the issuance of building permits. 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 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. 2. Vertical access to the bay front is available approximately 250 feet northwest and 150 feet northeast of the site at the street ends along 11th Street and 10th Street, where there is a small public beach with access to the water. 3. Vertical access to the beach is also available approximately 600 feet southeast and southwest of the site at the street ends along 10th Street and 11th Street. 4. The public beach to the south also includes a 12-foot-wide public sidewalk along West Ocean Front, providing lateral access and views of the beach. 5. The closest Public Viewpoint is located at Veteran’s Memorial Park, approximately 2,175 feet from the property. The proposed residence is not located near Coastal View Roads, as designated in the Coastal Land Use Plan. Due to the distance of the proposed development from the Public Viewpoint and the project’s compliance with height, setbacks, and floor area limits, the project will not impact coastal views. Zoning Administrator Resolution No. 075 Page 5 of 8 04-03-2018 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2018-023, 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 i s 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 wit h 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 14TH DAY OF JUNE, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. 075 Page 6 of 8 04-03-2018 EXHIBIT “A” CONDITIONS OF APPROVAL (project specific conditions in italics) 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. The existing seawall shall be reinforced and capped to 10.0 feet (MLLW), 9.82 feet (NAVD88) in accordance with the recommendations provided in the report prepared by PMA Consulting, Inc. on March 8, 2018 and as identified in the approved plans. 3. 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 o f the bulkhead or other shoreline protective device. The agreement shall be binding against the property owners and successors and assigns. 4. 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 again st 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. 5. 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. 6. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right -of-way. 7. This Coastal Development Permit does not authorize any development seaward of the private property. Zoning Administrator Resolution No. 075 Page 7 of 8 04-03-2018 8. Best Management Practices (BMP’s) and Good Housekeeping Practices (GHP’s) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Pollution Prevention Plan (CPPP). 9. 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. 10. 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. 11. 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. 12. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 13. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 14. 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. 15. 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. 16. Prior to issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 17. Prior to issuance of a building permit, 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. 18. Prior to issuance of a building permits, the approved WQHP/WQMP shall be submitted with the Building Permit plans. Implementation shall be in compliance with the approved Zoning Administrator Resolution No. 075 Page 8 of 8 04-03-2018 WQHP/WQMP and any changes could require separate review and approval by the Building Division. 19. 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. 20. 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. 21. 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. 22. 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. 23. This Coastal Development Permit No. CD2018-023 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. 24. 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 Kaberna Residence including, but not limited to, Coastal Development Permit No. CD2018-023 (PA2018-058). 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.