Loading...
HomeMy WebLinkAboutZA2021-012 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-153 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW 6,479-SQUARE-FOOT, TWO (2)-STORY, SINGLE-FAMILY RESIDENCE AT 941 VIA LIDO SOUD (PA2020-346)RESOLUTION NO. ZA2021-012 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-153 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW 6,479-SQUARE-FOOT, TWO (2)-STORY, SINGLE-FAMILY RESIDENCE WITH AN ATTACHED 925-SQUARE-FOOT, THREE (3)-CAR GARAGE. THE PROJECT INCLUDES LANDSCAPE, HARDSCAPE, AND SUBSURFACE DRAINAGE FACILITIES ALL WITHIN THE CONFINES OF THE PRIVATE PROPERTY. THE DESIGN COMPLIES WITH ALL APPLICABLE DEVELOPMENT STANDARDS AND NO DEVIATIONS ARE REQUESTED AT 941 VIA LIDO SOUD (PA2020-346) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Andrew Gabriel (Property Owner), with respect to property located at 941 Via Lido Soud, requesting approval of a coastal development permit (CD2020-153). The lot at 941 Via Lido Soud is legally described as Lot 323 of Tract 907. 2. The applicant proposes to demolish an existing single-family residence and the construction of a new 6,479-square-foot, two (2)-story, single-family residence with an attached 925-square-foot, three (3)-car garage. The project includes landscape, hardscape, and subsurface drainage facilities all within the confines of the private property. The design complies with all applicable development standards and no deviations are requested. 3. 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. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD-C (Single-Unit Residential Detached - (10.0 - 19.9 DU/AC) and the property is located within the R-1 (Single-Unit Residential) Coastal Zone District. 5. 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. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. Zoning Administrator Resolution No. ZA2021-012 Page 2 of 9 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, 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. 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 one (1) single-family residence and the construction of one new 6,479- square-foot, single-family residence and attached 925-square-foot, three (3)-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 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 8,062 square feet and the proposed floor area is 6,479 square feet. b. The proposed development will provide the minimum required setbacks, which are 4 feet along the front property line abutting Via Lido Soud, 4 feet along each side property line, and 10 feet along the front property line abutting the waterway. c. The highest ridge of the sloping roof is approximately 24 feet from established grade, which complies with the maximum height limitation of 29 feet for a sloping roof. Zoning Administrator Resolution No. ZA2021-012 Page 3 of 9 d. The project includes enclosed garage parking for three (3) vehicles, in compliance with the minimum 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 (2)-story, single-family residences. The proposed design, bulk, and scale of the development will be consistent with the existing neighborhood pattern of development and expected future development. 3. The existing development includes a private seawall/bulkhead along the waterway. A Bulkhead Conditions Report prepared by William Simpson & Associates, Inc., dated December 25, 2020, concludes that the cast-in-place wall is in generally good condition. In order to protect the proposed new development, the report states that the existing seawall/bulkhead was reinforced and repaired in the year of 2018 and the top of bulkhead is constructed to12.50 feet (NAVD88). Therefore, it is not anticipated that the wall will need further repair or replacement in the next 75 years. 4. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) – (Natural Landform and Shoreline Protection), 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) – (Waterfront - Development Standards). 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. 5. A project-specific Coastal Hazards Analysis Report was prepared by William Simpson & Associates, Inc., dated December 25, 2020. The maximum bay water elevation is 7.7 feet NAVD 88 (North American Vertical Datum of 1988 (NAVD 88). The report analyzes future sea level rise scenarios assuming a 2.95-foot increase in the maximum water level over the next 75 years (i.e. the life of the structure). Therefore, the sea level is estimated to reach approximately 10.65 feet (NAVD 88) - (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 existing bulkhead was reinforced and capped up to 12.5 feet in 2018 to provide adequate flood protection as anticipated for the likely range of sea level rise for the 75-year life of the structure. The report concludes that flooding, wave run up and erosion will not significantly impact this property over the life of the proposed development, since the existing seawall/bulkhead has been reinforced and repaired in the year of 2018. The need for a new shoreline protective device is not anticipated over the economic life of the proposed development to protect it from flooding, wave runup or erosion. Zoning Administrator Resolution No. ZA2021-012 Page 4 of 9 6. The finished floor elevation of the proposed single-family residence is 13.25 feet (NAVD 88), which complies with the minimum 9.0-foot (NAVD 88) elevation standard. The Coastal Hazards Report concludes that the bay water elevation (currently 7.7 feet NAVD 88) will not exceed the finished floor of the single-family residence at 13.25 feet (NAVD 88) for the anticipated 75-year life of the structure. 7. The property is located in an area known for the potential of seismic activity and liquefaction. A project-specific Geotechnical Investigation prepared by GeoSoils, Inc on September 26, 2017, provides recommendations relative to grading, drainage and foundation design. 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. 8. A Construction Pollution Prevention Plan (CPPP) prepared by Toal Engineering, dated November 16, 2020, provides recommendations for temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation, and to minimize pollution of runoff derived by construction chemicals and materials. Construction plans and activities will be required to adhere to the CPPP. 9. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), because of the project site’s proximity to coastal waters, a preliminary Water Quality and Hydrology Plan (WQHP) was prepared by Toal Engineering, dated November 11, 2020. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of a low-impact development (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. 10. 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. 11. New landscaping will be verified for compliance with NBMC Section 21.30.075 (Landscaping). A condition of approval is included that requires drought-tolerant, and prohibits invasive, species. Prior to issuance of the building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 12. The property is not located near designated public viewpoints or coastal view roads and will not impact public coastal views. Zoning Administrator Resolution No. ZA2021-012 Page 5 of 9 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. 2. Vertical access to the bay and beach is available adjacent to the site at a City owned parcel along Via Lido Nord. Lateral access is available on the beach to the west and where Via Koron ends to the east where there is a small access point. The project does not include any features that would obstruct access along these routes. 3. There are no designated public viewpoints or Coastal View Roads near the project site, per the Coastal Land Use Plan. The nearest coastal viewpoint is Kings Road Park, which is about 3,970 feet away from the project site. The nearest coastal view corridor is West Coast Highway, which is about 2,515 feet away from the project site. Due to the distance of the proposed development from public view points and the project’s compliance with all applicable development standards, including height and setbacks, the project will not impact coastal views. 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. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2020-153 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. Zoning Administrator Resolution No. ZA2021-012 Page 6 of 9 PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF FEBRUARY, 2021. Zoning Administrator Resolution No. ZA2021-012 Page 7 of 9 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 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. This letter shall be scanned into the plan set prior to building permit issuance. 4. Prior to final building permit inspection, 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 5. 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. 6. 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 Pollution Prevention Plan (CPPP). 7. 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. ZA2021-012 Page 8 of 9 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. 8. 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 sides, nor stored in contact with the soil, and located as far away as possible from drain inlets and any waterways. 9. 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. 10. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 11. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 12. 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. 13. 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. 14. 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. 15. 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. 16. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 17. 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. Zoning Administrator Resolution No. ZA2021-012 Page 9 of 9 18. Coastal Development Permit No. CD2020-153 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. 19. 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 Gabriel Residence including, but not limited to, Coastal Development Permit No. CD2020-153 (PA2020-346). 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.