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HomeMy WebLinkAboutZA2017-044 - DEMO EXISTING SINGLE FAMILY AND CONSTRUCT NEW SFD CDP - 405 North Bay FrontRESOLUTION NO. ZA2017-044 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-018 FOR THE DEMOLITION OF AN EXISTING SINGLE -UNIT RESIDENCE AND THE CONSTRUCTION OF A NEW SINGLE -UNIT RESIDENCE WITH APPURTENANCES LOCATED AT 409 NORTH BAY FRONT (PA2017-045) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brandon Architects, Inc. on behalf of Dave Gunderson, Property Owner, with respect to property located at 409 North Bay Front, and legally described as Lot 5, Block 8, of the Resubdivision of Section One of Balboa Island, requesting approval of a coastal development permit. 2. The applicant proposes the demolition of an existing single-family residence with attached garage and the construction of a new approximately 2,450 square -foot single-family residence with a 464 -square -foot attached garage. The proposed development also includes additional appurtenances such as walls, fences, patios, hardscape, drainage devices and landscaping. 3. The General Plan Land Use Element designation for the subject property is Two -Unit Residential (RT) and it is located within the Balboa Island (R -BI) Zoning District. 4. The Coastal Land Use Plan category is for the subject property is Two -Unit Residential — (30.0— 39.9 DU/AC) (RT -E) and it is located within the Balboa Island (R -BI) Coastal Zoning District. 5. A public hearing was held on June 15, 2017, in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 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. Zoning Administrator Resolution No. ZA2017-044 Paqe 2 of 7 2. Class 3 exempts the construction of limited numbers of new, small structures, including one single-family residence. The proposed project is a new single-family residence located in the R -BI Coastal Zoning District. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (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: 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 2,992.5 square feet and the proposed floor area is 2,914 square feet. b. The proposed development complies with the required setbacks, which are 10 feet along the front property line abutting North Bay Front, 3 feet along each side property line and 5 feet along the rear property line abutting the alley. Council Policy L-6 allows private encroachments (e.g., planters, fences and patios) into the public right-of-way. All improvements in the right-of-way will be reviewed by the Public Works Department for compliance. The highest guardrail is 24 feet from established grade and the highest ridge is no more than 29 feet from established grade, which comply with the maximum height requirements. e. The project includes garage parking for a total of two vehicles, meeting the minimum two -car garage parking requirement for single-family residences with less than 4,000 square feet of habitable floor area. 2. The neighborhood is predominantly developed with two- and three-story single- and two- family residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 3. The development fronts the Newport Bay, but is separated from the shoreline by a public sidewalk. The site is protected by a public bulkhead. The finished floor elevation of the proposed residence is 9.00 MSL (NAVD 88), which meets the 9.00 MSL (NAVD88) elevation standard. A waterproofing 6 -inch curb is proposed be constructed around the perimeter of the dwelling that would protect against flooding up to an elevation of 9.5 feet (NAVD88). oa-27-17 Zoning Administrator Resolution No. ZA2017-044 Paqe 3 of 7 4. A Coastal Hazard and Sea Level Rise Analysis was prepared by GeoSoils, Inc., dated April 5, 2017, for the project. The report concludes it is very unlikely that any type of wave will reach the site, even considering a 4.5 -foot sea level rise. Overall, the analysis concludes that the proposed project will be reasonably safe from coastal hazards for the next 75 years, provided the City maintains protection of the system of bulkheads, and that it will neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or adjacent area. 5. 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. 6. The property is located within 100 feet of coastal waters. Pursuant to Section 21.35.030 of the Municipal Code, 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 by construction chemicals and materials. A CPPP has been reviewed and approved by the City's Engineer Geologist. 7. Pursuant to Municipal Code Section 21.35.050, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. The WQHP 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 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. 8. Proposed landscaping complies with Implementation Plan Section 21.30.075. A condition of approval is included that requires drought -tolerant, non-invasive species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 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. The project will not affect the public's ability to gain access to, use, and/or view the coast and oa-z7-17 Zoning Administrator Resolution No. ZA2017-044 Paqe 4 of 7 nearby recreational facilities. The abutting public sidewalk will remain open throughout construction and a minimum 6 -foot tall temporary construction barrier will separate construction activities and pedestrians. 2. Vertical access to the bay front public sidewalk and Newport Bay is available approximately 130 feet west and 65 feet east of the site where North Bay Front intersects Pearl Avenue and Agate Avenue, respectively 3. The public beach is also the start of a public sidewalk providing lateral access and views along the bay front in front of the project site. All encroachments into this area are limited by Council Policy L-6 and will be reviewed as part of the building permit plan check. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-018, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 2. 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 15TH DAY OF JUNE, 2017. Patrick J. Alford, Zoning Administrator oa-27-17 Zoning Administrator Resolution No. ZA2017-044 Paqe 5 of 7 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, 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 whatsoeverwhich may arise from or in any manner relate (directly or indirectly) to City's approval of development. 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. Coastal Development Permit No. CD2017-018 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. 5. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 6. 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. 7. 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. 8. 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. 9. Prior to issuance of building permits, 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 oa-27-17 Zoning Administrator Resolution No. ZA2017-044 Paqe 6 of 7 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. 10. Prior to issuance of the building permits, the approved Construction Pollution Prevention Plan (CPPP) and Water Quality and Hydrology Plan (WQHP) shall be submitted with the Building Permit plans. Implementation shall be in compliance with the approved CPPP and WQHP and any changes could require separate review and approval by the Building Division. 11. 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. 12. 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. 13. 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. 14. 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. 15. Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) shall be implemented prior to and throughout the duration of construction activity as designated in the CPPP. 16. 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. 17. 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. oa-27-17 Zoning Administrator Resolution No. ZA2017-044 Paqe 7 of 7 18. 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. 19. The abutting public sidewalk shall remain completely free and open throughout all construction and a minimum 6 -foot tall temporary construction barrier shall be erected. 20. 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. 21. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code. 22. 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 Gunderson Residence including, but not limited to, Coastal Development Permit No. CD2017-018 (PA2017-045). 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. oa-27-17