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HomeMy WebLinkAboutZA2019-066- APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-012 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW THREE-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED 3-CAR GARAGE LOCATED AT 808 WEST BAY AVENUE05-14-19 RESOLUTION NO. ZA2019-066 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-012 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW THREE-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED 3-CAR GARAGE LOCATED AT 808 WEST BAY AVENUE (PA2019-037) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Bradford C. Smith Architect, with respect to property located at 808 West Bay Avenue, requesting approval of a coastal development permit. The lot at 808 West Bay Avenue is legally described as Lot 35, Tract 0084. 2. The applicant proposes the demolition of an existing single-family residence and the construction of a new 5,740-square-foot, single-family residence including a 948-square- foot, attached 4-car garage. The project includes reinforcing and raising the height of the existing bulkhead. No work will be conducted bayward of the existing property. The proposed development also includes additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. 3. The subject property is designated R-1 (Single-Unit Residential) by the General Plan Land Use Element and is located within the RS-D (Sinlge-Unit Residential Detached) 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 R-1 (Single-Unit Residential) Coastal Zone District. 5. A public hearing was held on October 24, 2019, 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 15315, 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. ZA2019-066 Page 2 of 9 07-02-19 2. Class 3 exempts the construction of limited numbers of new, small structures, including one single-family residence. The proposed project is a new single-family residence located in the R-1 Coastal Zoning District. 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 7,107 square feet and the proposed floor area is 5,740 square feet. b. The proposed development provides the minimum required setbacks, which are 20 feet along the front property line abutting the harbor, 3 feet along each side property line and 4 feet along the front property line abutting 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 three vehicles, complying with the minimum three-car garage parking requirement for single-family residences with more than 4,000 square feet of habitable floor area. 2. The neighborhood is predominantly developed with two- and three-story, single and two- family residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development. 3. A project site is protected by an existing cast-in-place concrete bulkhead. The applicant is proposing to augment the existing bulkhead with a new concrete stem wall with the top of the bulkhead elevation at 10.6 feet North American Veritcal Datum of 1988 Zoning Administrator Resolution No. ZA2019-066 Page 3 of 9 07-02-19 (NAVD88). A Bulkhead Conditions Report was prepared by Geosoils, Inc. on April 12, 2019, and concluded that the existing concrete bulkhead was in good condition and is not in need of repair or maintenance; however, the tieback condition should be verified prior to constructing new residence. Specifically, the applicant is proposing to augment the existing bulkhead to add a new concrete stem wall to a minimum height of 10.6 NAVD88. The improvements do not require the use of mechanized equipment on the bay or beach, and the City may authorize these improvements pursuant to the Implementation Plan with the approval of a coastal development permit. As shown on the Post-LCP Certification Permit and Appeal Jurisdiction Map (July 11, 2018), the line of the California Coastal Commission’s jurisdiction is coterminous with the bulkhead line, thereby authorizing the City to permit improvements to the bulkhead that do not result in bayward encroachment or a replacement bulkhead. Lastly, the improvements would not impact public trust areas, submerged lands, or tidelands. 4. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils, Inc. dated April 12, 2019, for the project. The current maximum bay water elevation is 7.7 NAVD88 (North American Vertical Datum of 1988 (NAVD88). According to the report, the estimated sea level rise at the site appears to be between 1.3 and 5.4 feet over the next 75 years utilizing different probabilistic scenarios, accounting for bay water levels rising in the range of 9 feet to 13.1 feet NAVD88. The Newport Beach City Council approved the use of the high estimate of the “low risk aversion” scenario, which is 3.2 feet by the year 2100, or 2.9 feet by 2094. Therefore, the sea level is estimated to likely reach approximately 10.6 feet NAVD88 over the next 75 years (i.e. the life of the structure). Once the existing seawall/bulkhead is raised per the report’s recommendations, flooding, wave runup, and erosion will not significantly impact this property over the proposed 75-year economic life of the development. As conditioned, a waterproofing curb is required to be constructed around the perimeter of the dwelling that would protect against flooding up to an elevation of 10.6 feet (NAVD88). Flood shields (sand bags and other barriers) can be deployed across the openings to protect and prevent flooding to the structure. The report concludes that the proposed project will be safe from flooding hazards for the next 75 years with the reinforced/capped bulkhead and a flood protection curb. The report also identifies that there is a 0.5 percent chance (medium-high risk aversion scenario) that SLR would be greater than 2.9 feet around the year 2070 and could as high as 13.1 feet NAVD88 by the year 2100. If future SLR is greater than the likely estimate of the “low risk aversion” scenario by 2094 (10.6 feet NAVD88), then the bulkhead can be raised without further bayward encroachment. 5. 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 final building inspection, and prior to the issuance of building permits, respectively. Zoning Administrator Resolution No. ZA2019-066 Page 4 of 9 07-02-19 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 applicant provided an Erosion Control Plan to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution runoff and coastal waters derived by construction chemicals and materials. The Erosion Control Plan will be reviewed by the City’s Engineer Geologist. Construction plans and activities will be required to adhere to the approved Erosion Control Plan. 8. Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a preliminary Water Quality and Hydrology Plan (WQHP) is required. A WQMP prepared by Forkert engineering and Surveying, Inc., dated February 12, 2019, has been submitted and will be reviewed by the City’s Engineer Geologist. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be reviewed for compliance with the approved WQHP prior to building permit issuance. 9. Proposed landscaping complies with Implementation Plan Section 21.30.075. A condition of approval is included that requires drought-tolerant species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted 10. The project site is not located adjacent to a coastal view road, public access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan. The site is located approximately 430-feet from a public beach along the harbor, which is accessible to the public and provides opportunities to access and view the harbor. As currently developed, the existing property and other residences along the 800 block of West Bay Avenue are not located within the view shed of the park. Furthermore, the proposed single-family residence complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. The front setback along the harbor is 20 feet and only allows improvements with a maximum height of 42 inches. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. Zoning Administrator Resolution No. ZA2019-066 Page 5 of 9 07-02-19 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. Implementation Plan 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. In this case, the project replaces an existing single-family residence located on standard R-1 lot with a new single-family residence. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. Vertical and lateral access to the harbor is available approximately 75 feet away at the terminus of 8th Street, approximately 275 feet away at the terminus of 9th Street, and approximately 430-feet from the public beach on the harbor to the west. The project does not include any features that would obstruct access along these routes. 3. The existing development is provided vehicular access from West Bay Avenue. The proposed development will maintain the same vehicular access from West Bay Avenue. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2019-012, 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 24TH DAY OF OCTOBER, 2019. _____________________________________ Jim Campbell, Zoning Administrator Zoning Administrator Resolution No. ZA2019-066 Page 6 of 9 07-02-19 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 final inspection of building permits for the new residence, the existing seawall shall be augmented and capped to 10.6 feet (NAVD88) minimum in accordance with the recommendations provided in the report prepared by GeoSoils Inc. on April 12, 2019 and as identified in the approved plans. The plans shall also demonstrate that the wall can be augmented to a greater height if the future SLR is greater than the likely estimate of the “low risk aversion” scenario by 2094 (10.6 feet NAVD88). All improvements to the bulkhead shall be without further bayward encroachment and not require the use of mechanized equipment on the bay or beach. 3. All improvements at the property shall occur landward of the existing bulkhead. 4. A waterproofing curb (or similar features that provide adequate level of protection) shall be constructed around the proposed residence as an adaptive flood protection device up to 10.6 feet (NAVD88). Flood shields (sand bags and other barriers) can be deployed across the openings to protect and prevent flooding to the structure as necessary. 5. Third floor covered patios areas shall remain open as depicted on approved plans. The openings shall not be covered in any way including windows, shades, or any type of covering. 6. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit. 7. Coastal Development Permit No. CD2019-012 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. 8. Prior to the issuance of a Certificate of Occupancy, 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. 9. 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 Zoning Administrator Resolution No. ZA2019-066 Page 7 of 9 07-02-19 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. 10. 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. 11. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 12. This Coastal Development Permit does not authorize any development seaward of the private property. Should the bulkhead require more extensive repair or replacement with construction equipment bayward of the private property, an additional Coastal Development Permit shall be obtained for the bulkhead from the Coastal Commission. 13. 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. 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. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and approved by the Building Division. Implementation shall be in compliance with the WQHP/WQMP and any changes could require separate review and approval by the Building Division. 17. 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. 18. 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. Zoning Administrator Resolution No. ZA2019-066 Page 8 of 9 07-02-19 19. 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. 20. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). 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. 21. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 22. 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. 23. 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. 24. 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. 25. 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 Zoning Administrator Resolution No. ZA2019-066 Page 9 of 9 07-02-19 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. 26. Prior to the issuance of building permits, the applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 27. 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. 28. 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. 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 Jackson Residence including, but not limited to, Coastal Development Permit No. CD2019-012 (PA2019-037). 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.