Loading...
HomeMy WebLinkAboutZA2017-067 - COASTAL DEVELOPMENT PERMIT NO. CD2017-047 AUTHORIZING A REMODEL AND ADDITION TO AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 350 BUENA VISTA BOULEVARDRESOLUTION NO. ZA2017-067 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-047 AUTHORIZING A REMODEL AND ADDITION TO AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 350 BUENA VISTA BOULEVARD (PA2017-105) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brion Jeannette Architecture on behalf of Paul and Carolyn McDonough, Property Owners, with respect to property located at 350 Buena Vista Boulevard, requesting approval of a coastal development permit. 2. The property is legally described as Lot 146 of the Subdivision of Block A East Newport. 3. The Applicant requests approval of a coastal development permit (CDP) to allow the remodel and expansion of an existing 3,446 -square-foot, single-family residence. The applicant proposes to add 499 square feet of livable area in conjunction with the construction of a 450-square-foot garage within the existing footprint. There will be no new landscaping and limited site work. The project will comply with all applicable development standards and no deviations are requested. 4. The subject property is located within the Single-Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single-Unit Residential Detached (RS-D). 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single-Unit Residential (10.0 – 19.99 DU/AC) (RSD-C) and the Coastal Zoning District is Single-Unit Residential (R-1). 6. A public hearing was held on September 14, 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 meeting 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 meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). 2. Class 1 exempts additions of up to 10,000 square feet to existing structures where public services and utilities are available and the area is not considered environmentally Zoning Administrator Resolution No. ZA2017-067 Page 2 of 7 06-02-2017 sensitive. The proposed project is an addition of less than 10,000 square feet to an existing single-family residence in a developed neighborhood and is not within an environmentally sensitive area. 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 will comply with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. The maximum floor area limitation is 4,978 square feet and the proposed floor area is 4,395 square feet. b. The proposed development complies with the minimum required setbacks as modified by Modification Permit No, MD429 , which are 9 feet along the front property line, 4 feet along each side property line and 4 feet along the rear property line abutting the neighboring property at 342 Buena Vista Boulevard. c. The highest guardrail is no more than 24 feet from established grade and the highest ridge is no more than 29 feet from established grade, which complies with the maximum height requirements. d. The project includes a proposed two-car garage, complying with the minimum requirement for single-unit residential developments totaling less than 4,000 square feet in livable area. 2. The neighborhood is predominantly developed with two - and three-story single-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 finished floor elevation of habitable portions of the existing residence is 9.73 f eet (NAVD 88), which complies with the minimum 9.00 feet (NAVD88) elevation required for new structures by the Zoning Code and Local Coastal Program. Adaptive waterproofing up to 10.23 feet (NAVD 88) could be added by way of a six-inch curb and temporary barriers for doors. A Coastal Hazards Analysis for properties located approximately 300 feet southwest at 320 and 322 Buena Vista Boulevard indicated a maximum sea level rise of 4.5 feet to 11.7 feet (NAVD88) by 2092, but concludes it is very unlikely that any Zoning Administrator Resolution No. ZA2017-067 Page 3 of 7 06-02-2017 type of wake or wave will reach the properties even with a 4.5 -foot sea level rise. The structures at 320 and 322 Buena Vista Boulevard maintained a finished floor elevation of 9.9 feet (NAVD 88). The existing residence on the subject property has a co mparable finished floor at 9.73 feet (NAVD 88), which will remain unaffected as part of this project. Given the finished floor elevation and the capability to add a six-inch curb, the site should be protected for the economic life of the building (assumed to be 75 years) using the minimum anticipated sea level rise projections. 4. The property is located in an area known for the potential of seismic activity and liquefaction; however, the proposed scope of work does not necessitate a geotechnical investigation. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Should a geotechnical investigation be required, permit issuance is 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. There is no landscaping proposed as a part of this project. 6. The property is not located near designated public view points or coastal view roads and will not impact public coastal views. 7. Although the property is located within 100 feet of the bay, alterations to the existing development would occur primarily on the upper levels and minimal site work is proposed. There is no proposed change in grading or drainage, nor increase in impermeable surface area onsite. In addition, the development, as proposed and as conditioned, incorporates design features to minimize the effect of construction and post-construction activities on the marine environment. These design features include, but are not limited to, one or more of the following: the appropriate management of equipment and construction materials, reducing runoff through the use of permeable surfaces, and the use of post-construction best management practices to minimize the project’s adverse impact on coastal water. 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 . Fact in Support of Finding: 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 because: 1. Vertical access to the bay front is available immediately east of the site at the Lindo Avenue street end where there is a small public beach with access to the water. Zoning Administrator Resolution No. ZA2017-067 Page 4 of 7 06-02-2017 2. The public beach is also the start of a six-foot-wide public sidewalk providing lateral access and views of the bay along the bay front in front of the project site. The sidewalk is located within a 10-foot-wide right-of-way that would allow for future widening and maintenance. 3. The property is subject to Restrictive Covenant Agreements limiting the height of improvements and landscaping within previously vacated right-of-way bayward of the public sidewalk to maintain views of the bay. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-047, 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 14TH DAY OF SEPTEMBER, 2017. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2017-067 Page 5 of 7 06-02-2017 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. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit. 3. Coastal Development Permit No. CD2017-047 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. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. 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 improvement in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Prior to the issuance of building permits, 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 agains t 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. 7. Prior to the issuance of building permits, the project design shall be revised to comply with the minimum open volume are requirement pursuant to NBMC Section 20.48.180 (Residential Development Standards and Design Criteria). 8. Prior to the issuance of 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 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. Zoning Administrator Resolution No. ZA2017-067 Page 6 of 7 06-02-2017 10. Prior to the 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 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. 11. 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. 12. If landscaping is proposed, the applicant shall submit a final landscape and irrigation plan consistent with Implementation Plan Section 21.30.075 prior to the issuance of building permits. These plans shall incorporate drought tolerant planting, non -invasive plant species and water efficient irrigation design. The plans shall be approve d by the Planning Division. 13. All landscape materials and irrigation systems shall be maintained in accor dance 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 a part of regular maintenance. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. Zoning Administrator Resolution No. ZA2017-067 Page 7 of 7 06-02-2017 19. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity. 20. 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. 21. 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 McDonough Residence Coastal Development Permit including, but not limited to, Coastal Development Permit No. CD2017-047 (PA2017-105). 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.