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HomeMy WebLinkAboutZA2018-102 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE - 3900 CHANNEL PLACE05-15-2018 RESOLUTION NO. ZA2018-102 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-062 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 3900 CHANNEL PLACE (PA2018-144) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Patterson Custom Homes, with respect to property located at 3900 Channel Place, requesting approval of a Coastal Development Permit. 2. The lot at 3900 Channel Place is legally described as Lots 1, 2 and 3, in Block 539 on Map of Canal Section in the City of Newport Beach, County of Orange 3. The applicant requests a Coastal Development Permit to demolish an existing 1,560- square-foot, single-family residence and 235-square-foot garage. 4. The subject property is designated Two-Unit Residential (R-2) Zoning District and the General Plan Land Use Element category is Two-Unit Residential (RT). 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two-Unit Residential – 20.0 – 29.9 DU/AC (RT-D) and the Coastal Zoning District is Two-Unit Residential (R-2). 6. A public hearing was held on September 13, 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 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Existing Facilities). 2. Class 1 includes the demolition and removal of small structures including one single-family dwelling. The proposed project includes the demolition of an existing single-family dwelling located in the R-1 Coastal Zoning District. Zoning Administrator Resolution No. ZA2018-102 Page 2 of 6 05-15-2018 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 subject property is currently developed with a single-family dwelling on an existing lot designated for residential development by the Local Coastal Program. The project applicant requests to demolish the existing single-family dwelling. Subsequent construction will require a separate coastal development permit at a later date . 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 and Building Division standards and policies. 3. 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. 4. The property is not located near designated Public Viewpoints 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 . Fact in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline; and demolition of the existing residence will not affect public recreation or access. 2. Adequate public access to the sea exists on Channel Place, through the terminus of 39th, 39th and 40th Streets. The proposed demolition of the existing residence shall not interfere with existing public access to the sea. Zoning Administrator Resolution No. ZA2018-102 Page 3 of 6 05-15-2018 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2018-062, 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. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF SEPTEMBER 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-102 Page 4 of 6 05-15-2018 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development (the demolition of an existing single-family dwelling, garage, and appurtenant facilities) 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. Revisions to the approved plans may require an amendment to this Coastal Development Permit (CDP) or the processing of a new Coastal Development Permit. 3. Coastal Development Permit No. CD2018-062 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. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. Best Management Practices and Good Housekeeping Practices shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Pollution Prevention Plan Zoning Administrator Resolution No. ZA2018-102 Page 5 of 6 05-15-2018 11. 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. 12. 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. 13. 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. 14. The applicant is responsible for compliance with the Migratory Bird Treaty Act. In compliance with the (MBTA), grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 15. 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 3900 Channel Place Demolition CDP including, but not limited to, Coastal Development Permit No. CD2018-062 (PA2018-144). 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 Zoning Administrator Resolution No. ZA2018-102 Page 6 of 6 05-15-2018 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.