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HomeMy WebLinkAboutZA2022-058 - APPROVING, COASTAL DEVELOPMENT PERMIT NO. CD2022-013 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED THREE (3)-CAR GARAGE LOCATED AT 1424 GALAXY DRIVE (PA2022-042)10-18-2021 RESOLUTION NO. ZA2022-058 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING, COASTAL DEVELOPMENT PERMIT NO. CD2022-013 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED THREE (3)-CAR GARAGE LOCATED AT 1424 GALAXY DRIVE (PA2022-042) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Phil Nielsen (Applicant), with respect to property located at 1424 Galaxy Drive, and legally described as Lot 78 of Tract 4224 requesting approval of a coastal development permit. 2. The applicant proposes the demolition of an existing single-family residence and the construction of a new 4,242-square-foot residence and attached 702-square-foot, three (3)-car garage. The project also includes landscaping, hardscaping, drainage, and site walls. 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-1-6000 (Single-Unit Residential) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD-A (Single Unit Residential Detached – 0.0 – 5.9 DU/AC) and it is located within the R-1-6000 (Single-Unit Residential) Coastal Zone District. 5. A public hearing was held on August 25, 2022, online via Zoom. 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. 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), California Code of Regulations 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 Zoning Administrator Resolution No. ZA2022-058 Page 2 of 9 10-05-2021 demolition of one (1) single-family residence and the construction of a 4,242square-foot residence and an attached 702-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, and 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, site coverage, setbacks, height, parking, and Bluff Overlay standards. a. Site coverage is limited to 60 percent (5,468 square feet) of the 9,114-square-foot lot area. The proposed site coverage area is approximately 60 percent (5,464 square feet). b. The proposed development provides the minimum required setbacks, which are 20 feet along the front bluff-side property line, 6 feet along each side property line, and 6 feet along the rear property line of Galaxy Drive. c. The highest roof ridge is approximately 14 feet from established grade (106.91 feet based on the North American Vertical Datum of 1988 [NAVD88]), significantly less that the 24-foot maximum height limit requirement. d. The project includes garage parking for a total of three (3) vehicles, complying with the minimum three (3)-car garage parking requirement for single-family residences with more than 4,000 square feet of habitable floor area. e. Pursuant to the Bluff Overlay Map B-9D (Upper Newport Bay Bluffs), the property is located on a bluff subject to marine erosion. Consistent with the Bluff Overlay standards, the proposed principal dwelling and major accessory structures (including a swimming pool) are located within Development Area A and setback, at a minimum, of 25 feet from the bluff edge. Minor accessory structures are proposed within Zoning Administrator Resolution No. ZA2022-058 Page 3 of 9 10-05-2021 Development Area B and setback, at a minimum, of 10 feet back from the bluff edge. No accessory structures are proposed within Development Area C. f. There is an existing nonconforming retaining wall at the rear of the property, within Development Area C at the bluff edge. The retaining wall is nonconforming due to its location in Development Area C, where no development is allowed. The retaining wall was constructed in 1978 as a result of a landslide at the property. A retaining wall conditions report was prepared by PMA Consulting, Inc. dated May 17, 2022, for the project. The report concludes that the existing retaining wall is in good condition and will not require repair or replacement over the next 75 years (i.e., the life of the structure). The existing retaining wall may remain in place pursuant to Section 21.38.040(B) (Nonconforming Structures) of the NBMC. 2. The neighborhood is predominantly developed with one (1)-story, single-family residences. The proposed single-story design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development and expected future development. 3. The lot was previously graded to provide a relatively level building pad for the construction of the original home. The pad sits approximately 106.91 feet above mean sea level, adjacent to a bluff that descends to Upper Newport Bay. A Geotechnical Investigation dated July 9, 2021, was prepared by R McCarthy Consulting, Inc., for the project and found that the proposed grading and construction will not adversely affect the geologic stability of the existing bluff or adjoining properties or structures, provided construction is performed with report recommendations and sound construction techniques. The report found that the geologic conditions of the site are favorable concerning the gross stability of the bluff that descends from the subject property to the bay. The report concludes that proper drainage design is of critical importance to the stability of the slope and shall be designed by a Licensed Civil Engineer. 4. The property is located in an area known for the potential for seismic activity. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing landslide 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. 5. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) – (Development Standards. - Protective Structures), the property owner will be required to agree 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). This requirement is included as a condition of approval that will need to be satisfied prior to the final building permit inspection, respectively 6. 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). Zoning Administrator Resolution No. ZA2022-058 Page 4 of 9 10-05-2021 This requirement is included as a condition of approval that will need to be satisfied prior to the issuance of building permits, respectively. 7. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to the proximity of the development to the water and the development containing more than 75 percent of impervious surface area, a Water Quality Management Plan (WQMP) is required. A WQMP prepared by JT Consulting Engineers, dated January 27, 2022, has been reviewed and approved by the City’s Engineer Geologist. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for best management practices (BMPs), use of low impact development, and treatment control approaches to retain the design storm runoff volume on-site, and documentation of the expected effectiveness of the proposed best management practices BMPs. 8. 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 runoff and minor rain event runoff on-site. Any water not retained on-site is directed to the City’s storm drain system. 9. Proposed landscaping complies with NBMC Section 21.30.075 (Landscaping). Condition of Approval No. 20 and 21 are included that require drought-tolerant species. Prior to the issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted and only temporary irrigation is installed within 10 feet of the bluff edge (Bluff Development Area C). 10. The project site is located approximately 90 feet north of Galaxy View Park, a designated public viewpoint as identified in the Coastal Land Use Plan. The viewpoint primarily offers public views to the east and southeast of Upper Newport Bay. The project will replace an existing single-family home with a new single-family home. Furthermore, the proposed residence is single-story with a maximum height of 14 feet above the existing grade. The overall structure height is approximately 10 feet lower than the allowable height for flat roofs in the R-1-6000 coastal zoning district and approximately 15 feet lower than the allowable height for sloped roofs in the R-1-6000 coastal zoning district. The single-story height ensures that the residence will be no more visible from Upper Newport Bay than the surrounding neighborhood and will not degrade the visual quality of the Coastal Zone or result in significant adverse impacts on public views. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts 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 (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 Zoning Administrator Resolution No. ZA2022-058 Page 5 of 9 10-05-2021 case, the project replaces an existing single-family residence located on a standard R-1- 6000 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 for 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 access to the bay and beach is available at North Star Beach approximately 1,500 feet south of the project site. The project does not include any features that would obstruct 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 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, and 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.CD2022-013, 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 25TH DAY OF AUGUST, 2022. Zoning Administrator Resolution No. ZA2022-058 Page 6 of 9 10-05-2021 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 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 to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. 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 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 development. 4. Swimming pools shall be of double wall construction with sub drains between the walls and leak detection devices or an equivalent method in accordance with Section 21.28.040 (Bluff Overlay District) of the NBMC. 5. The only allowed development within Development Area C is limited to the following: drainage devices (only if not feasible to be placed elsewhere on the site), landscaping/temporary irrigation systems, on-grade public trails, on-grade public stairways, underground utilities (only if not feasible to be placed elsewhere on the site), or shoreline protective devices in compliance with NBMC Section 21.30.030(C)(3). The existing retaining wall at the rear of the property may remain pursuant to NBMC Section 21.38.040(B). 6. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter the sensitive habitat, receiving waters, or a storm drains or results 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. 7. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. Zoning Administrator Resolution No. ZA2022-058 Page 7 of 9 10-05-2021 8. 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 of 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. 9. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout construction activity as designated in the Construction Erosion Control Plan. 10. 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. 11. 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. 12. Trash and debris shall be disposed of in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 13. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 14. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 15. The applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. Zoning Administrator Resolution No. ZA2022-058 Page 8 of 9 10-05-2021 16. 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 are detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 17. Prior to the issuance of building permits, the applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 18. Prior to the issuance of building permits, the applicant shall submit a final drainage and grading plan. The plan shall be subject to review and approval by the Building Division. 19. 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. 20. 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. Only temporary irrigation shall be installed within 10 feet of the bluff edge (Development Area C). 21. 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. 22. Prior to the issuance of building permits, the final WQHP/WQMP shall be reviewed and approved by the Building Division. The implementation shall comply with the approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 23. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 24. 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. 25. This Coastal Development Permit No. CD2022-013 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Zoning Administrator Resolution No. ZA2022-058 Page 9 of 9 10-05-2021 Extensions) of the Newport Beach Municipal Code unless an extension is otherwise granted. 26. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Chen Residence including, but not limited to, Coastal Development Permit No. CD2022-013 (PA2022-042). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of the City's costs, attorneys' fees, and damages, which the City incurs in enforcing the indemnification provisions outlined 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.