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HomeMy WebLinkAboutZA2018-092 - COASTAL DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE, INCLUDING AN ADJUSTMENT TO THE OFF-STREET PARKING REQUIREMENTS - 9 BAY ISLANDRESOLUTION NO. ZA2018-092 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-041 TO ALLOW THE DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND THE CONSTRUCTION OF A NEW SINGLE- FAMILY RESIDENCE, INCLUDING AN ADJUSTMENT TO OFF- STREET PARKING REQUIREMENTS FOR THE PROPERTY LOCATED AT 9 BAY ISLAND (PA2018-091) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by R.D. Pinault Company (“Applicant”), on behalf of Brian Martin, with respect to property located at 9 Bay Island, and legally described as S-Township 6, Range 10, Section 34, requesting approval of a coastal development permit. 2. On November 24, 1997, the City Council approved Planned Residential Development (“PRD”) Use Permit No. UP3618 to implement a PRD Overlay District, which modified the Multi-Family Residential (“MFR”) zoning and development regulations for Bay Island. The purpose of the PRD Use Permit is to ensure that future development maintains the single-family detached character of Bay Island. 3. The Applicant proposes a coastal development permit to allow the demolition of an existing single-family residence and the construction of a new 4,703-square-foot, single- family residence (“Development”) and adjust the off-street parking requirements with a parking management plan. 4. The subject Property is located within the Multi-Unit Residential (“RM”) Zoning District and the General Plan Land Use Element category is Multiple-Unit Residential Detached (“RM-D”). 5. The subject Property is located within the coastal zone. The Coastal Land Use Plan category is Multiple-Unit Residential – 10.0 – 19.9 DU/AC (“RM-C”) and the Coastal Zoning District is Multi-Unit Residential (“RM”). 6. A public hearing was held on July 26, 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. Zoning Administrator Resolution No. ZA2018-092 Page 2 of 8 Tmplt: 04/14/10 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 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 3 exempts the construction of limited number of new, small structures, including one single-family residence. The proposed project is the demolition of a single-family residence and the construction of a single-family residence located within the RM (Multi-Unit Residential) Coastal Zoning District. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Subsection 21.52.015(F) (Coastal Development Permits – Findings and Decision), the following findings and facts in support of the findings for a coastal development permit are set forth: Finding A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding 1. The proposed design, bulk, and scale of the Development is consistent with the existing single-family neighborhood pattern of development and expected future development based on allowable development standards. 2. 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. 3. 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 Robin B. Hamers & Associates, Inc. dated April 6, 2018 has been submitted and will be reviewed by the City’s Engineer Geologist. The WQHP includes a polluted runoff and hydrologic site characterizations, a sizing standard for BMPs, use of an LID approach to retain the storm runoff volume onsite, and documentation of the expected effectiveness of the proposed BMPs. 4. The proposed Development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height , and open space. Zoning Administrator Resolution No. ZA2018-092 Page 3 of 8 Tmplt: 04/14/10 a. The maximum cumulative floor area limitation for all residential development on Bay Island is 143,916 square feet and the proposed cumulative floor area is approximately 130,095 square feet. b. The proposed Development complies with the required setbacks, which are 20 feet along all exterior property lines. c. The highest flat elements of the roof are no more than 28 feet from established grade and the highest ridge is no more than 33 feet from established grade, which complies with the maximum height in the RM Coastal Zoning District. d. The minimum required common open space on Bay Island is 1,725 square feet and the proposed common open space is approximately 452,460 square feet. e. The minimum required private open space for the development is 236 square feet and the proposed private open space is 654 square feet. 5. The Development includes over 4,000 square feet of livable area and therefore requires 3 garage parking spaces pursuant to NBMC Section 21.40.040 (Off -Street Parking Spaces Required). However, the Development complies with NBMC Section 21.40.110 (Adjustments to Off-Street Parking Requirements) in that a parking management plan is being provided as follows: a. Bay Island is accessible by a gated pedestrian bridge and the only vehicles permitted on the Island are golf carts. The Development includes a dedicated 200-square-foot garage for on-site golf cart parking. b. Off-site parking is provided in a parking structure located at 501 West Bay Avenue pursuant to Use Permit No. UP3618, previously approved by the Planning Commission in 1997. The parking structure includes 49 parking spaces designated for the 23 single-family residences on Bay Island, equating to two or more off-site spaces per residence. 6. The Development fronts the Newport Harbor with a sandy beach separating the project site and the water. A Coastal Hazards Analysis was prepared by PMA Consulting, Inc. The report concludes that the proposed project is reasonably safe from coastal hazards for the next 75 years including shoreline movement, waves and wave run-up, and flooding with moderate future sea level rise projections. The site is separated from the bay by an approximately 150-foot-wide sandy beach and grass landscape. The current highest tides have reached approximately 7.2 feet (NAVD 88). Utilizing the Community Development Department policy of a 1.25-foot sea level rise, the proposed finished floor elevation will protect the site and surrounding development from sea level rise. The proposed finished floor is 9.00 feet (NAVD 88), which is consistent with the minimum 9.00 feet (NAVD 88) standard. If sea level rise exceeds projections, an additional 4-foot concrete or masonry block garden wall may need to be constructed around the front porch of the Development in the future. Zoning Administrator Resolution No. ZA2018-092 Page 4 of 8 Tmplt: 04/14/10 7. Proposed landscaping complies with the Implementation Plan Section 21.30.075. A condition of approval is included that requires drought -tolerant, and prohibits invasive, species. Final landscape plans will be reviewed to verify invasive species are not planted. 8. Pursuant to NBMC Subsections 21.30.030(C)(3)(i) and (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. 9. The property is located adjacent to coastal waters. 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. 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 aby body of water located in the coastal zone. Facts in Support of Finding 1. The project site is located between the nearest public road and the sea or shoreline in the private community of Bay Island. NBMC Section 21.30A.040 requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. The project involves the demolition of a single- family residence and the construction of a new single-family residence. Therefore, there is no change in land use and the proposed increases in floor area, height and bulk will not result in any significant adverse impacts to public recreation, access or views or otherwise diminish the public’s use of the ocean, harbor, bay, channels, estuaries, salt marshes, sloughs, beaches, coastal parks, trails, or coastal bluffs. 2. Vertical and lateral access to the bay front is available adjacent to the Bay Island community at the street ends along the Balboa Peninsula (approximately 150 feet from the subject property). 3. The project site is not located adjacent to a coastal view road, public viewpoint, or public accessway, as identified in the Coastal Land Use Plan. The project is located within the viewshed of public beaches at the nearby streetends on the Balboa Peninsula. The project site is also located within the viewshed of distant public viewing areas. However, the project will replace an existing single-family residence with a new single-family residence that complies with all applicable Local Coastal Program development standards and maintains a Zoning Administrator Resolution No. ZA2018-092 Page 5 of 8 Tmplt: 04/14/10 building envelope consistent with the existing neighborhood pattern of development. Further, the proposed project maintains a maximum height of 29 feet where the Local Coastal Program development standards allow a maximum height up to 33 feet. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Coastal Development Permit Application No. CD2018-041 subject to the conditions set forth in Exhibit “A”, which is attached hereto and incorporated by reference. 2. This Coastal Development Permit action shall become final and effective fourteen (14) days following the date this resolution was adopted unless within such time an appeal or call for review is fined with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation plan of the NBMC. Final action taken by the City may be appealed to the Coastal Commission in compliance with NBMC Section 21.64.035 and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED AND ADOPTED THIS 26TH DAY OF JULY, 2018. Zoning Administrator Resolution No. ZA2018-092 Page 6 of 8 Tmplt: 04/14/10 EXHIBIT “A” CONDITIONS OF APPROVAL Project-Specific Conditions in Italics PLANNING DIVISION 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the 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. Prior to issuance of a building permit, the applicant shall prepare a construction management plan to minimize impacts to adjacent residences on Island Avenue and Edgewater Avenue to be reviewed and approved by the Community Development Director. 5. A minimum of two parking spaces, including one covered, shall be maintained for the dwelling unit at the parking structure located at 501 West Bay Avenue (Lots 2, 3, 4, 5, 6 Block 3, East Newport Tract). 6. A minimum of one enclosed parking space, with minimum dimensions 9 feet wide by 12 feet 6 inches deep, shall be maintained onsite for golf cart parking. 7. 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). Zoning Administrator Resolution No. ZA2018-092 Page 7 of 8 Tmplt: 04/14/10 8. 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. 9. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the City’s Building Division and field sets of plans prior to issuance of building permits. 10. Prior to the issuance of a building permit, the Applicant shall submit a final landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought-tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the City’s Planning Division. 11. All landscape materials and irrigations systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing conditions 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. 12. 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 City’s Planning Division. 13. Prior to the issuance of a building permit, the Applicant shall submit to the City’s Planning Division an additional copy of the approved architectural plans for inclusion in the application 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 application. 14. Prior to the issuance of a building permit, 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 City’s Building Division. 15. 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. 16. 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 Zoning Administrator Resolution No. ZA2018-092 Page 8 of 8 Tmplt: 04/14/10 construction materials shall be covered, enclosed on all sides, not stored in contact with the soil, and located as far assay as possible from drain inlets and any waterway. 17. 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. 18. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Sold waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 19. 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. 20. Should the Property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of approval by either the current property owner or leasing agent. 21. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours of noise-generating construction activities to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 22. This approval 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 Martin Residence Coastal Development Permit including, but not limited to, Coastal Development Permit No. CD2018-041 (PA2018-091). 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.