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HomeMy WebLinkAboutZA2021-011 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-146 AND ZONING CLEARANCE NO. ZC2020-022 TO DEMOLISH A NONCONFORMING DUPLEX AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AND ATTACHED ADU LOCATED AT 5201 SEASHORE DRIVE, UNITS A AND B (PA2020-320)05-14-19 RESOLUTION NO. ZA2021-011 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-146 AND ZONING CLEARANCE NO. ZC2020-022 TO DEMOLISH A NONCONFORMING DUPLEX AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AND ATTACHED ACCESSORY DWELLING UNIT (ADU) ON THE FIRST FLOOR LOCATED AT 5201 SEASHORE DRIVE, UNITS A AND B (PA2020-320) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Lawrence Witzer, Trustee, The Goalpost Trust (“Applicant”) with respect to property located at 5201 Seashore Drive, Units A and B, requesting approval of a coastal development permit and zoning clearance. 2.The parcel at 5201 Seashore Drive is legally described as Lot 1, Block 52, in the Ocean Front Tract. 3.The Applicant proposes the demolition of a nonconforming duplex and the construction of a new single-family residence and attached accessory dwelling unit (ADU). The project would result in a 3-story, 1,411-square-foot, single family residence with a 589- square-foot ADU on the first floor. Parking is provided as an attached 454-square-foot two (2)-car garage. The project will close an existing curb cutout on 52nd Street to create one (1) new on-street public parking space, improving public access. The project includes additional appurtenances, such as walls, fences, drainage devices, and hardscaping. The design complies with all applicable development standards and 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-Unit Residential) Zoning District. 5.The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD-D (Single Unit Residential Detached) (20.0 - 29.9 DU/AC) and it is located within the R-1 (Single-Unit Residential) Coastal Zone District. 6.A public hearing was held online on February 25, 2021, observing restrictions due to the Declaration of a State 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 (NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. Zoning Administrator Resolution No. ZA2021-011 Page 2 of 10 02-03-2020 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, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures), Article 19 of Chapter 3, because it has no potential to have a significant effect on the environment. 2.Class 3 exempts the demolition of up to three (3) single-family residences and additions of up to 10,000 square feet to existing structures. The proposed project consists of the demolition of a nonconforming duplex and the construction of a new 1,411-square-foot, single family residence with a 589-square-foot ADU on the first floor. Parking is provided as an attached 454-square-foot two (2)-car garage. The project is within the parameters noted for the Class 3 exemption and will not have a significant effect on the environment. 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 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 Program. Facts in Support of Finding: 1.The subject property is zoned R-1. The property is currently developed with a duplex that is nonconforming due to density. 2.The proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, parking, and unit size. a.The maximum floor area limitation for the parcel is 2,528-square-feet. The proposed single-family residence is 1,411-square-feet, the ADU is 589-square- feet, and the new garage is 454-square-feet. The total proposed floor area of all enclosed areas is 2,454 square feet. b.The development will maintain approximately 193-square-feet of open volume area on the lot. Zoning Administrator Resolution No. ZA2021-011 Page 3 of 10 02-03-2020 c. The proposed development provides the minimum required setbacks. The setbacks required for the subject property are 5 feet along the beach, 0 feet off Seashore Drive, and 3 feet along each side property lines. There are no additional setback requirements for the proposed ADU. d. The highest guardrail is less than 24 feet from established grade (13.11 feet based on the North American Vertical Datum of 1988 [NAVD88]) and the highest ridge is no more than 29 feet from established grade, which comply with the maximum height requirements. e. The detached garage and ADU is designed to be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials. f. NBMC Chapter 21.48.200 (Accessory Dwelling Units) does not require additional parking to be provided for an ADU when the proposed ADU is located within one (1)-half mile of a public transit. NBMC Subsection 21.48.200(C)(9)(c)(ii) – (Accessory Dwelling Units) defines “public transit” as a bus stop with fixed route bus service that provides transit service at fifteen (15) minute intervals or better during peak commute periods. The nearest public transport is in the form of an Orange County Transportation Authority (OCTA) bus stop located at the southwest corner of the West Balboa Boulevard and 41st Street intersection. This bus stop is 0.5-miles walking distance from the project site. The OCTA number 47 bus serves this stop and is identified in the OCTA system map (available as Attachment ZA 3) as a route offering 15-minutes or less weekday rush hour frequency. Recent California state law from 2020 now defines public transit in a more inclusive way. A Local Coastal Program (LCP) amendment has been prepared and submitted for review by the Coastal Commission (City of Newport Beach Local Coastal Plan Amendment 1-20, LCPA-5-NPB-20-0025-1), which would revise parking waiver standards. The project, as designed, would comply with State law and would conform to the LCP amendment. Furthermore, this project merely preserves the existing parking ratio and does not create a greater demand for on-street parking. 3. The project includes a new attached ADU to the proposed single-unit dwelling and complies with all conditions and applicable development standards of NBMC Section 21.48.200 (Accessory Dwelling Units). The proposed ADU has the following characteristics: a. Measures 580 square feet in area and located on the first floor; b. Contains one bedroom and bathroom, a kitchen, and living area; and c. Matches the principal dwelling with respect to architectural style, roof pitch, color, and materials. 4. The project is conditioned to require the recordation of a deed restriction that will prohibit the use of the ADU for short-term rentals (i.e., less than 30 days) and will also prohibit the sale of the ADU separate from the principal dwelling. Currently NBMC Section 21.48.200 (Accessory Dwelling Units) has a requirement that the owner of the property occupy either the ADU or the principal structure and for that requirement to be included in the deed restriction. State law has placed a moratorium on the owner-occupancy Zoning Administrator Resolution No. ZA2021-011 Page 4 of 10 02-03-2020 requirement through 2025 and as such, the requirement for owner-occupancy will not be included in the deed restriction. This requirement is being eliminated as part of a Local Coastal Program amendment that has been prepared and submitted for review by the Coastal Commission (City of Newport Beach Local Coastal Plan Amendment 1-20, LCPA-5-NPB-20-0025-1). 5. The property currently consists of one (1) legal lot developed with a nonconforming residential duplex. The neighborhood is predominantly developed with two (2)-story, single-family residences. Some structures in the vicinity have three (3) stories, including properties at 5107, 5205, and 5207 Seashore Drive. R-1 allows development of third stories subject to certain development standards. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development consistent with applicable development standards. 6. A Coastal Hazards Report and Sea Level Rise Analysis was prepared for the project by GeoSoils, Inc., dated October 1, 2020. The report states that the current maximum bay water elevation is 7.7 feet based on the North American Vertical Datum of 1988 (NAVD88). The report analyzes future sea level rise scenarios assuming a 3.2-foot increase in the maximum water level over the next 75 years (i.e., the life of the structure). The sea level is estimated to reach approximately 10.9 feet (NAVD88) - (the likely range for sea level rise over 75-year design life of the structure based on low risk aversion estimates for sea level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update). The report concludes that the habitable portion of the project will be safe from flooding hazards for the next 75 years. 7. The finish floor elevation of the first floor of the proposed living area is 13.11 feet NAVD88), which exceeds the minimum 9.0-foot (NAVD88) elevation standard for new structures and exceeds the projected “likely” sea level rise scenario of 10.9 feet (NAVD88) for the year 2100, exceeding the 75-year assumed economic life of the structure. 8. 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. 9. The property is 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 a building permit. 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. Zoning Administrator Resolution No. ZA2021-011 Page 5 of 10 02-03-2020 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 site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public’s ability to gain access to use and/or view the coast and nearby recreational facilities. The existing residential development neither provides nor inhibits public coastal access. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) 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 nonconforming duplex with a new single-family residence and attached ADU. 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. 2. Under IP Section 21.30A.030 (Protection and Provision of Public Access Required), the project will close an existing curb cutout on 52nd Street to create one (1) new on-street public parking space, improving public access. 3. The project is located adjacent to a public beach with an average width of more than 200 feet, is designed and sited so as not to block or impede existing public access opportunities and occurs within the confines of private property. An existing 15- foot deep encroachment area on the beach frontage is authorized by an existing encroachment permit and is to be proposed remain unchanged. Existing coastal access conditions will not be affected by the project. Coastal access is currently provided and will continue to be provided by street ends throughout the neighborhood with access to the beach and water, including the 52nd Street end, which is located east of the site. 4. The project site is not located adjacent to a coastal view road or coastal viewpoint identified by Local Coastal Program maps. The project site may be located within the viewshed of distant public viewing areas; however, the project will replace an existing duplex with a new single-family residence and ADU that complies with all applicable Local Coastal Program (LCP) development standards. It will also maintain a building envelope consistent with the existing and anticipated neighborhood pattern of development. Reorientation of the garage from 52nd Street to the alley will result in increased articulation of the new structure, as can be seen in the viewshed of the street-end. 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. 5. The existing 15-foot patio encroachment on the beachfront is allowed pursuant to Title 21 Appendix C (Oceanfront Encroachment Policy Guidelines) and the project is conditioned to maintain an encroachment permit from Public Works. The existing improvements within the encroachment area are limited to an on-grade patio enclosed with 30-inch walls. The patio does not affect public views or access to the public beach. Zoning Administrator Resolution No. ZA2021-011 Page 6 of 10 02-03-2020 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 pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) 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. 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. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2020-146 and Zoning Clearance No. ZC2020-022, 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 (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 25TH DAY OF FEBRUARY, 2021. Zoning Administrator Resolution No. ZA2021-011 Page 7 of 10 02-03-2020 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 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. This letter shall be scanned into the plan set prior to building permit issuance. 4.Prior to the issuance of a building permit, the property owner shall record a deed restriction with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney. The deed restriction document shall notify future owners of the restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit exists on the property. 5.Prior to building permit final, the project must close the existing curb cutout on 52nd Street project frontage to create a new on-street metered parking stall. 6.Trees or vegetation along the 52nd Street frontage must be maintained as not to grow into the public viewshed and must not in any way degrade the visual quality or block views as seen from the 52nd street end. 7.Garage access must be taken from Seashore Drive. 8.Each unit shall be served by its individual water meter and sewer lateral and cleanout. Each water meter and sewer cleanout shall be installed with a traffic-grade box and cover. Zoning Administrator Resolution No. ZA2021-011 Page 8 of 10 02-03-2020 9.Reconstruct all damaged curb, gutter and sidewalk along the 52nd Street and Seashore Drive frontages per City Standard. 10.A new ocean front encroachment permit must be obtained for the proposed encroachment within the ocean front area. Proposed encroachments shall be consistent with the Local Coastal Program Implementation Plan, Appendix C. 11.An encroachment permit is required for all work activities within the public right-of-way. 12.All improvements must comply with the City’s sight distance requirement. See City Standard 110-L. 13.In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 14.This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 15.This Coastal Development Permit does not authorize any development seaward of the private property. 16.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 (1) or two (2) short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 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 Construction Erosion Control Plan. 18.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 Zoning Administrator Resolution No. ZA2021-011 Page 9 of 10 02-03-2020 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. 19.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. 20.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. 21.Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 22.The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 23.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. 24.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. 25.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. 26.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. 27.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. 28.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. Zoning Administrator Resolution No. ZA2021-011 Page 10 of 10 02-03-2020 29. Prior to issuance of a building permit, the final WQHP/WQMP shall be reviewed and approved by the Building Division. Implementation shall be in compliance with the approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 30. Prior to the issuance of a building permit, 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. 31. 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. 32. 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. 33. 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. 34. This Coastal Development Permit No. CD2020-146 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. 35. 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 The Goalpost Trust Residence and ADU including, but not limited to, Coastal Development Permit No. CD2020-146 and Zoning Clearance No. ZC2020-022 (PA2020- 320). 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.