Loading...
HomeMy WebLinkAboutZA2020-061 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-074 TO DEMOLISH AN EXISTING 1,900-SQUARE-FOOT NONCONFORMING FOURPLEX AND 2-CAR GARAGE LOCATED AT 622, 622 ½, 624 AND 624 ½ CLUBHOUSE AVENUE (PA2019-267)05-14-19 RESOLUTION NO. ZA2020-061 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-074 TO DEMOLISH AN EXISTING 1,900-SQUARE-FOOT NONCONFORMING FOURPLEX AND 2-CAR GARAGE LOCATED AT 622, 622 ½, 624 AND 624 ½ CLUBHOUSE AVENUE (PA2019-267) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John T. Morgan Jr. (Applicant), with respect to property located at 622, 622 ½, 624 and 624 ½ Clubhouse Avenue (Property), requesting approval of a coastal development permit (CDP). 2. The lots at 622 and 624 Clubhouse Avenue are legally described as Lot 12 and Lot 13, Block 634, of Canal Section Newport Beach. 3. The Applicant proposes to demolish an existing 1,900-square-foot nonconforming fourplex and 2-car garage (Project). No new construction is proposed at this time. Future redevelopment of a single- or two-family home will require a Categorical Exclusion Order Exemption and a building permit. A construction erosion control plan will be implemented during and after demolition. 4. The application for demolition was deemed complete on December 23, 2019; therefore, the project is not subject to development restrictions of Senate Bill 330 (Housing Crisis Act of 2019). 5. The Property is designated RT (Two Unit Residential) by the General Plan Land Use Element and is located within the R-2 (Two-Unit Residential) Zoning District. 6. The Property is located within the coastal zone. The Coastal Land Use Plan category is RT-D (Two Unit Residential) – (20.0 – 29.9 DU/AC) and it is located within the R-2 (Two- Unit Residential) Coastal Zone District. 7. A public hearing was held online via Zoom on September 24, 2020, observing restrictions due to the Declaration of a State of Emergency and Proclamation of Local Emergency related to COVID-19. 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 Zoning Administrator Resolution No. ZA2020-061 Page 2 of 7 02-03-2020 California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities), because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the demolition of up multi-family residences including up to four-unit dwellings. The proposed Project consists of the demolition of four dwelling units and a two-car garage. 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 (NBMC), 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 Prog ram. Facts in Support of Finding: 1. The Project includes the demolition of an existing fourplex, a two-car garage, and appurtenant facilities. The future redevelopment of the lots for use as a single-family or two-unit residential development would not require a CDP and would be allowed with a Categorical Exclusion Order Exemption and a building permit. No new construction is proposed with this approval. 2. The existing structure on the property is nonconforming due to density and parking, as it contains four dwelling units and only a two-car-garage. The four-plex is constructed over two legal lots. However, the lot is being used as one development with the 4-attached units, where the Planning and Zoning Code (Title 20) and Local Coastal Program Implementation Plan (Title 21) of the Newport Beach Municipal Code (NBMC) allow for up to only two dwelling units maximum on-site and a minimum of two parking spaces per dwelling unit (one enclosed and one covered). Any future redevelopment on the subject property would be required to comply with Title 20 and Title 21 requirements related to density and parking. Therefore, demolition of the existing structures would remove an existing nonconforming use with deficient parking. 3. Although the Project includes the demolition of four dwelling units in the coastal zone, the Project is exempt from Chapters 20.34 and 21.34 (Conversion of Demolition of Affordable Housing). The Project is exempt because the City has less than 50 acres (in aggregate) of privately owned, vacant land available for residential use within the City’s coastal zone and three miles therefrom. Zoning Administrator Resolution No. ZA2020-061 Page 3 of 7 02-03-2020 4. The demolition addresses water quality with an erosion control demolition plan that includes sandbag layout and erosion control notes. The sites are comprised of sand instead of soil, so the sandbags are adequate for any run off. Temporary fencing at the minimum height required will be erected to border the site and will hold the sandbags in place. 5. The bay is approximately 70 feet from the subject property at the terminus of Clubhouse Avenue. There is existing two-story development directly on the bay and between the subject property and the bay so there are no existing views afforded from or surrounding the subject property that would be impacted by the demolition. Prior to and after demolition, temporary construction fencing would be erected along the property lines for safety and water quality purposes. 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 . Facts in Support of Finding: 1. The Project 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 removes a nonconforming residential structure prior to redevelopment of the site with conforming residential structures. The Project will not result in a change of land use that would result in increased demand on public access and recreation opportunities. Furthermore, any future redevelopment of Property will be required to be designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. Vertical public access to the bay is available near the site at the terminus of Clubhouse Avenue and the bay. Lateral access is available on the beach at the terminus of Clubhouse Avenue. The project does not include any features that would obstruct public access along these routes. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The exceptions to this categorical exemption under Section 15300.2 are not applicable. Zoning Administrator Resolution No. ZA2020-061 Page 4 of 7 02-03-2020 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2019-074, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. 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 SEPTEMBER, 2020. Zoning Administrator Resolution No. ZA2020-061 Page 5 of 7 02-03-2020 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development (the demolition of an existing fourplex, garages, and appurtenant facilities) shall be in substantial conformance with the approved demolition stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. 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. No demolition or construction materials shall be stored on public property. 3. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right -of-way. 4. This Coastal Development Permit does not authorize any new construction, only the demolition of the existing fourplex and appurtenant structures on-site. 5. All temporary construction fencing erected shall only be the minimum required. Said temporary fencing shall be well maintained and shall be kept free of graffiti. While the site is vacant and pending redevelopment, it shall also be well maintained and kept free of rubbish or overgrown weeds. 6. 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 req uired 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. Zoning Administrator Resolution No. ZA2020-061 Page 6 of 7 02-03-2020 7. 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 construction erosion control plan/CPPP. 8. 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 prot ection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 9. 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. Stockpiles 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. 10. Trash and debris shall be disposed in proper trash and rec ycling 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. 11. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 12. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 13. 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. 14. This CDP 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. 15. Prior to the issuance of building permits for demolition, the Applicant shall submit a final construction erosion control plan/CPPP. The plan shall be subject to the review and approval by the Building Division. 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 the issuance of building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 18. 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 Zoning Administrator Resolution No. ZA2020-061 Page 7 of 7 02-03-2020 property owner or agent. 19. This Coastal Development Permit No. CD2019-074 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 NBMC, unless an extension is otherwise granted. 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 Garrett Investment Group LLC Demoltion CDP including, but not limited to, Coastal Development Permit No. CD2019-074 (PA2019-267). 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.