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HomeMy WebLinkAboutZA2022-071 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND TO CONSTRUCT A NEW THREE (3)-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED TWO (2)-CAR GARAGE LOCATED AT 550 SOUTH BAY FRONT (PA2022-0196)05-14-19 RESOLUTION NO. ZA2022-071 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND TO CONSTRUCT A NEW THREE (3)-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED TWO (2)-CAR GARAGE LOCATED AT 550 SOUTH BAY FRONT (PA2022-0196). THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ian Harrison, Architect, on behalf of Linda and Larry Rodman, with respect to the property located at 550 South Bay Front, requesting approval of a coastal development permit. 2. The property is legally described as Lot 7 in Block 15 of the Re-subdivision of Section One of Balboa Island. 3. The project will allow the demolition of an existing single-family residence and construction of a new three (3)-story, 2,355-square-foot, single-family residence and attached 400- square-foot, two (2)-car garage. The project includes additional appurtenances such as site walls, fences, patios, drainage devices, and landscaping. The design complies with all applicable development standards, including height, setbacks, and floor area limit; no deviations are requested. 4. The subject property is located within the R-BI (Two-Unit Residential, Balboa Island) Zoning District and the General Plan Land Use Element category is RT (Two-Unit Residential). 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-E (Two Unit Residential, Detached (30.0 - 39.9 DU/AC)) and the Coastal Zoning District is R-BI (Two-Unit Residential, Balboa Island). 6. A public hearing was held online on November 10, 2022, online via Zoom. 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, Division 6 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (“CEQA”) Section 15303 under Class 3 (New Construction or Zoning Administrator Resolution No. ZA2022-071 Page 2 of 10 02-03-2020 Conversion of Small Structures), because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the demolition and construction of limited numbers of new, small facilities or structures including one (1) single-family residence in a residential zone. The proposed project consists of the demolition of an existing single-family residence and the construction of a new 2,355-square-foot, single-family residence with an attached 400-square-foot garage in the R-BI 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(F) (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 total proposed floor area, including the residence and enclosed parking, is 2,755 square feet, which complies with the maximum allowable floor area limit of 2,755 square feet. b. The proposed development will provide the minimum required setbacks, which are nine (9)-feet along the front property line abutting Bay Shore Drive, five (5)-feet along the rear property line, and three (3)-feet along each side property line. c. The highest guardrail is no more than 24-feet and the highest roof ridge is no more than 29-feet, measured from the established grade level of 9.0-feet based on the North American Vertical Datum of 1988 (“NAVD88”), which complies with the maximum height limitation. d. The project includes enclosed garage parking for two (2) vehicles, which complies with the minimum parking requirement for single-family residences with less than 4,000 square feet of habitable floor area. Zoning Administrator Resolution No. ZA2022-071 Page 3 of 10 02-03-2020 2. The neighborhood is predominantly developed with two (2)- and three (3)-story, single- family residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development consistent with applicable development standards. 3. A Coastal Hazards Report and Sea Level Rise Analysis, dated August 17, 2022, was prepared for the project by PMA Consulting, Inc. The project site is protected by a public boardwalk fronting the site along South Bay Front and an existing City-owned bulkhead that will remain in place. The report states that the highest high tide elevation is currently 7.7 feet (NAVD88). Using the low-risk aversion projected sea level rise of a 3.05-foot increase over the 75-year design life of the structure (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 estimated sea level rise should result in a bay water level of 10.75 feet (NAVD88). The report evaluates the current height of the City-owned bulkhead (approximately 8.6 feet NAVD88) and recommends that the bulkhead be raised in the future. Because the bulkhead is not privately owned and cannot be raised by the homeowner, the report recommends water proofing techniques for the proposed structure. By utilizing a combination of flashing and waterproofing for up to 23 inches above top of slab (10.92 feet NAVD88) and sandbags at openings, the building should be protected from flooding until year of 2097. The project has been conditioned to require the minimum slab height recommended by the report and waterproofing flashing up to 10.92 feet NAVD88. 4. The finished floor elevation of the first floor of the proposed structure is 9.00-feet (NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard for new structures. 5. The property owner will 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, Development Standards). The Acknowledgement of Coastal Hazards is included as a condition of approval that will need to be recorded prior to the issuance of building permits. 6. Pursuant to Newport Beach Municipal Code (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 Waiver of Future Protection is included as a condition of approval that will need to be recorded prior to final building inspection. 7. 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 building permits. Permit issuance is also contingent on the inclusion of design mitigation identified Zoning Administrator Resolution No. ZA2022-071 Page 4 of 10 02-03-2020 in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 8. The property is located adjacent to coastal waters. Pursuant to Section 21.35.030 (Construction Pollution Prevention Plan) of the NBMC, a Construction Pollution Prevention Plan (CPPP) is required to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived from construction chemicals and materials. A CPPP has been provided and construction plans and activities will be required to adhere to the CPPP. 9. Pursuant to Section 21.35.050 (Water Quality and Hydrology Plan) of the NBMC, 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. 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. 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 runoff and minor rain event runoff on-site. Any water not retained on-site is directed to the City’s storm drain system. 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 subject property is located on a waterfront lot that abuts the Balboa Island Loop. The Balboa Island Loop grants users with bay views and the opportunity to travel the outer perimeter of Balboa Island. Lateral access to the bay is provided by the loop and will continue to be provided by the loop. Vertical access to the Balboa Island Loop is provided by Collins Avenue, approximately 60-feet east of the project site. 2. 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 proposed 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 single-family residence with a new single-family residence. The project is designed and sited so as not to block or impede existing public access opportunities and development will occur within the confines of private property. The project does not involve a change in land use, density, Zoning Administrator Resolution No. ZA2022-071 Page 5 of 10 02-03-2020 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. 3. The nearest designated coastal viewpoint, as designated in the Coastal Land Use Plan, is over one-half mile east of the project site at the Park Avenue bridge that crosses the Grand Canal. The project site may be located within the viewshed of distant public viewing areas. However, the project will replace an existing single-family residence with a new single-family residence that complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing and anticipated neighborhood pattern of development. 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. 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 the Coastal Development Permit subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. The approval of the Coastal Development Permit shall become final and effective 14 days following the date the Resolution is 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 10TH DAY OF NOVEMBER, 2022. Zoning Administrator Resolution No. ZA2022-071 Page 6 of 10 02-03-2020 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 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 issuance of building permits, the project plans shall be updated to reflect that a waterproofing curb or similar design feature shall be constructed for up to 23-inches above top of slab as an adaptive flood protection device up to a minimum of 10.9-feet (NAVD88). Flood shields (sandbags and other barriers) can be deployed across the openings to protect prevent flooding to the structure. 3. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit. 4. The Coastal Development Permit (PA2022-0196) 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 (NBMC), unless an extension is otherwise granted. 5. 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. 6. 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 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. 7. 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. Zoning Administrator Resolution No. ZA2022-071 Page 7 of 10 02-03-2020 8. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands or public beaches. 9. 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. 10. All proposed accessory structures located within setback areas shall comply with applicable height limits consistent with Zoning Code Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). 11. 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. 12. 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. 13. 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. 14. 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. Zoning Administrator Resolution No. ZA2022-071 Page 8 of 10 02-03-2020 15. 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. 16. 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. 17. 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 approved CPPP and WQHP/WQMP and any changes could require separate 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. 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. Construction activities shall comply with Section 10.28.040 (Construction Activity—Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise- generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise- generating construction activities are not allowed on Saturdays, Sundays or holidays. 21. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 22. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. Zoning Administrator Resolution No. ZA2022-071 Page 9 of 10 02-03-2020 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 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. 26. 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. 27. 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. 28. 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 Rodman Residence including, but not limited to, Coastal Development Permit (PA2022-196). 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 applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorney’s 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. Public Works Department 29. Proposed encroachments within the Bay Front South right-of-way shall be consistent with City Council Policy L-6. An encroachment permit and encroachment agreement are required for the proposed encroachments. Building Division 30. The building and site development shall comply with the Special Flood Hazard Area Zone AO1 requirements. The lowest habitable minimum elevation shall be at or above the required design flood elevation (DFE). Zoning Administrator Resolution No. ZA2022-071 Page 10 of 10 02-03-2020 Fire Department 31. Fire sprinklers are required. 32. A three-foot wide fire department accessway from the street to the alley is required.