HomeMy WebLinkAbout01_Bengtson Residence Coastal Development Permit_PA2017-058COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 28, 2017
Agenda Item No. 1
SUBJECT: Bengtson Residence CDP (PA2017-058)
SITE LOCATION: 111 8th Street
Coastal Development Permit No. CD2017-024
APPLICANT: Chris Bengtson
OWNER: Chris Bengtson
PLANNER: Gregg Ramirez, Senior Planner
949-644-3219, gramirez@newportbeachca.gov
GENERAL PLAN/ZONING DISTRICT
•General Plan: RS-D (Single-Unit Residential Detached)
•Zoning District: R-1 (Single-Unit Residential)
•Coastal Land Use Category: RSD-D (Single-Unit Residential Detached – (10.0 –
19.9 DU/AC))
•Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A Coastal Development Permit (CDP) to demolish a one-story, single-family residence
and garage and construct a new three-story, 3,380-square-foot, single-family residence
and attached garage. The project also includes hardscape, drainage, and landscaping. The
project complies with all applicable development standards. No deviations are requested.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, because it has no potential to have a significant
effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2017-024 (Attachment No. ZA 1).
1
Bengtson Residence CDP
Zoning Administrator, September 28, 2017
Page 2
Tmplt: 01/12/17
DISCUSSION
Land Use and Development Standards
• The subject property is located in the R-1 Coastal Zoning District, which provides for
single-unit residential development and is consistent with the City’s Coastal Land
Use Plan, General Plan, and Zoning Code. A coastal development permit is required
and the property is not eligible for a Waiver for De Minimis Development because the
property is located in the Appeal Area.
• The property consists of a legal lot developed with a single-family residence. The
neighborhood is developed with a mix of one-, 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 because the project complies with all development standards.
• The proposed single-family dwelling and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as illustrated in Table 1 below.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front 10 feet 10 feet
Sides 4 feet 4 feet
Rear 5 feet (alley)
2.5 feet (second floor)
5 feet
2.5 feet
Allowable Floor Area 3,912 square feet 3,380 square feet
Allowable 3rd Floor Area 293 square feet 291 square feet
Open Space 293 square feet 474 square feet
Parking 2-car garage 2-car garage
Height 24 feet flat roof
29 feet sloped roof
24 feet flat roof
29 feet sloped roof
Hazards
• The finish floor elevation of the proposed dwelling is 10.50 feet (NAVD 88), which
complies with the minimum 9.00 feet (NAVD88) elevation required by the Zoning
Code and Local Coastal Program.
• 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
2
Bengtson Residence CDP
Zoning Administrator, September 28, 2017
Page 3
Tmplt: 01/12/17
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.
Water Quality
• The property is not located within 100 feet of coastal waters. 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 and minor rain event run-off on-site. Any water not
retained on-site is directed to the City’s storm drain system.
Public Access
• 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 beach and the West Ocean Front boardwalk is available at
the terminus of 8th Street. The proposed project will not alter exiting public access
2. The proposed project is located entirely on private property and there will be no
reduction in on-street parking spaces.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment.
Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of one single-family residence and the construction of a new 2,919-square-
foot single-family residence and attached 461-square-foot 2-car garage.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
3
Bengtson Residence CDP
Zoning Administrator, September 28, 2017
Page 4
Tmplt: 01/12/17
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
BW/gbr
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
4
Attachment No. ZA 1
Draft Resolution
5
RESOLUTION NO. ZA2017-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-024 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 2-CAR
GARAGE LOCATED AT 111 8TH STREET (PA2017-058)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Chris Bengtson, Property Owner, with respect to property
located at 111 8th Street, and legally described as Lot 1 of Block 7 of the East Newport
Tract, requesting approval of a Coastal Development Permit.
2. The applicant proposes to demolish a one-story, single-family residence and garage and
construct a new three-story, 3,380-square–foot, single-family residence and attached
garage. The project also includes hardscape, drainage, and landscaping. The project
complies with all applicable development standards. No deviations are requested.
3. The subject property is located within the R-1 (Single-Unit Residential) Zoning District and
the General Plan Land Use Element category is RS-D (Single-Unit Residential Detached).
4. The subject properties are located within the coastal zone. The Coastal Zoning District is
R-1 (Single-Unit Residential) and the Coastal Land Use Plan category is RSD-D (Single-
Unit Residential Detached – 10.0-19.9 DU/AC).
5. A public hearing was held on September 28, 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 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).
2. Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of one single-family residence and the construction of a new 2,919-square-
foot, single-family residence and 461-square-foot, 2-car garage.
6
Zoning Administrator Resolution No. ZA2017-###
Page 2 of 7
06-02-2017
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, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 3,912 square feet and the proposed floor area
is 3,380 square feet.
b. The proposed development provides the minimum required setbacks, which are 10
feet along the front property line, 4 feet along each side property line, and 5 feet
along the rear property line abutting the alley.
c. The highest guardrail is no more than 24 feet from established grade (9.805 feet
NAVD88) and the highest ridge is no more than 29 feet from established grade,
which complies with the maximum height requirements.
d. The project includes garage parking for a total of two vehicles, complying with 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 one-, 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 proposed development is not located on the shoreline and is over 100 feet from the
nearest beach. The proposed finished floor is 10.5 feet (NAVD 88) which is higher than
the 9.00 feet (NAVD 88) standard. Impacts from wave run-up and sea-level rise are not
anticipated.
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.
7
Zoning Administrator Resolution No. ZA2017-###
Page 3 of 7
06-02-2017
5. 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 and minor rain even run-off on-site. Any water not retained on-site is
directed to the City’s storm drain system.
6. Proposed landscaping complies with the Implementation Plan Section 21.30.075. Final
landscape plans will be reviewed to verify invasive species are not planted.
7. The property is not located near designated public view points or coastal view roads and
will not impact public coastal 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.
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 beach, water and West Ocean Front Boardwalk is available at the
terminus of 8th Street. The proposed project will not alter exiting public access
2. The proposed project is located entirely on private property and there will be no reduction
in on-street parking spaces.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2017-024, 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.
8
Zoning Administrator Resolution No. ZA2017-###
Page 4 of 7
06-02-2017
PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF SEPTEMBER, 2017.
_____________________________________
Patrick J. Alford, Zoning Administrator
9
Zoning Administrator Resolution No. ZA2017-###
Page 5 of 7
06-02-2017
EXHIBIT “A”
CONDITIONS OF APPROVAL
(project specific conditions are italicized)
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. CD2017-024 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, a copy of the Resolution, including conditions
of approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
7. 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.
8. 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.
9. 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.
10
Zoning Administrator Resolution No. ZA2017-###
Page 6 of 7
06-02-2017
10. 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.
11. Prior to the issuance of building permits, the applicant shall submit a final landscape and
irrigation plan consistent with Implementation Plan Section 21.30.075. 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 a part of
regular maintenance.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented prior to and throughout the duration of construction activity.
19. 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
Zoning Administrator Resolution No. ZA2017-###
Page 7 of 7
06-02-2017
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 Bengtson Residence Coastal Development Permit including, but not limited to,
Coastal Development Permit No. CD2017-024 (PA2017-058). 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.
12
Attachment No. ZA 2
Vicinity Map
13
VICINITY MAP
Coastal Development Permit No. CD2017-024
(PA2017-058)
111 8th Street
14
Attachment No. ZA 3
Project Plans
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33