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HomeMy WebLinkAboutZA2019-031 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-031 TO ALTER AND EXPAND AN EXISTING DUPLEX THAT IS NONCONFORMING DUE TO NUMBER OF PARKING SPACES LOCATED AT 909 EAST BALBOA BOULEVARD (PA2018-072)RESOLUTION NO. ZA2019-031 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-031 TO ALTER AND EXPAND AN EXISTING DUPLEX THAT IS NONCONFORMING DUE TO NUMBER OF PARKING SPACES LOCATED AT 909 EAST BALBOA BOULEVARD (PA2018-072) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Barry Walker ("Applicant") on behalf of Bryan and Michelle Dube ("Property Owners"), with respect to property located at 909 East Balboa Boulevard, requesting approval of a coastal development permit. 2. The lot at 909 East Balboa Boulevard is legally described as Lot 4 in Block 14 of the Balboa Tract. 3. The Applicant proposes to remodel and expand an existing 2,273 -square -foot duplex with an attached 508 -square -foot two -car garage. The existing development provides only one parking space per unit where two per unit are required; therefore, it is considered legal nonconforming and is only allowed up to a 10 -percent addition of the existing gross floor area (278 square feet). The Applicant proposes to add approximately 267 square feet and a rooftop deck. There will be limited site work and no new landscaping. No deviations from development standards are requested. 4. The subject property is designated Two -Unit Residential (RT) by the General Plan Land Use Element and is located within the Two -Unit Residential (R-2) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two -Unit Residential — (20.0 — 29.9 DU/AC) (RT -D) and it is located within the Two -Unit Residential (R-2) Coastal Zone District. 6. A public hearing was held on March 28, 2019, 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 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities), because it has no potential to have a significant effect on the environment. 05-15-2018 Zoning Administrator Resolution No. ZA2019-031 Paae 2 of 7 2. Class 1 exempts additions of up to 50 percent of the floor area of structures before the addition, or 2,500 square feet, whichever is less. The proposed project is a 267square-foot addition to an existing 2,781 square -foot duplex, which is an addition of less than 10 percent of the existing floor area. 3. The project is an addition to an existing duplex and does not increase the number of units. 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: 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 3,561 square feet and the proposed floor area including the 267 square -foot addition is 3,039 square feet. b. The proposed development provides the minimum required setbacks, which are 9 feet along the front property line abutting East Balboa Boulevard, 3 feet along each side property line and 0 feet along the rear property line abutting the alley. c. The highest guardrail is less than 24 feet from established grade based on the plans, which complies with the maximum height requirements. d. The existing duplex is legal nonconforming due to number of off-street parking spaces. It provides two garage spaces where the current requirement is two covered and two enclosed (i.e., four parking spaces total). Newport Beach Municipal Code Section 21.38.060(A)(1)(b) allows additions up to 10 percent of the existing gross floor area when a development does not maintain the required number of parking spaces. In this case, an addition would be limited to 278 square feet and the proposed addition is 267 square feet. 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 consistent with applicable development standards. 3. The property is an inland lot that is separated from the ocean by an alley, residential development, and Peninsula Park. It is elevated at approximately 10 feet based on the North American Vertical Datum of 1988 (NAVD88). 05-15-2018 Zoning Administrator Resolution No. ZA2019-031 Paae 3 of 7 4. 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. 5. With exception of the reconstructed garage, alterations to the existing development would occur primarily on the upper levels and minimal site work is proposed. There is no proposed change in grade 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 with permeable surfaces, and the use of post -construction best management practices to minimize the project's adverse impact on coastal water. 6. The project design addresses water quality during construction with a construction erosion control plan. All new construction resulting from the project will tie into an existing post - construction drainage system that includes features designed to retain dry weather and minor rain event runoff on-site. Any water not retained on-site is directed to the City's storm drain system. 7. The property is located near designated Public Viewpoints or Coastal View Roads, but will not impact public coastal views, as discussed in the Facts in Support of Finding B below. 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. The existing 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 is the alteration and expansion of an existing duplex. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. 05-15-2018 Zoning Administrator Resolution No. ZA2019-031 Paae 4 of 7 2. Although the existing and proposed development is nonconforming due to number of parking spaces provided, the nature of the improvements is not anticipated to place additional demand on coastal access and/or resources. 3. The existing development does not to block or impede existing public access opportunities and occurs within the confines of private property. Existing coastal access conditions will not be affected with the alteration and expansion. Coastal access is currently provided and will continue to be provided by street ends throughout the Balboa Peninsula with access to the beach and water. 4. While the project site is not located adjacent to a coastal view road, it is located within approximately 115 feet of Peninsula Park. Peninsula Park is a public viewpoint as identified in the Coastal Land Use Plan but separated by a row of two-story residences and East Ocean Front Alley. As a result, the proposed project will have no effect on views from the park. 5. The project site may also be located within the viewshed of distant public viewing areas; however, the project will alter and expand an existing duplex that complies with all applicable Local Coastal Program (LCP) development standards. It will also maintain 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: The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2018-031, 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 28TH DAY OF MARCH, 2019. Patrick J. Alford, Zoning Administrator 05-15-2018 Zoning Administrator Resolution No. ZA2019-031 Paae 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL 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. CD2018-031 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. 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. 6. 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. 7. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 8. This Coastal Development Permit does not authorize any development seaward of the private property. 9. Best Management Practices and Good Housekeeping Practices shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Pollution Prevention Plan. 10. 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. 11. 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 permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural 05-15-2018 Zoning Administrator Resolution No. ZA2019-031 Paae 6 of 7 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. 12. Prior to 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. 13. Prior to issuance of building permits, 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. 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. 16. 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. 17. 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. 18. 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. 19. 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. 05-15-2018 Zoning Administrator Resolution No. ZA2019-031 Paae 7 of 7 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. 20. 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 Dube Duplex Alteration, Coastal Development Permit No. CD2018-031 (PA2018-072) 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. 05-15-2018