HomeMy WebLinkAbout01_1717 East Balboa Boulevard_PA2017-174CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 30, 2017
Agenda Item No. 1
SUBJECT: 1717 East Balboa Boulevard CDP (PA2017-174)
SITE LOCATION: 1717 East Balboa Boulevard
Coastal Development Permit No. CD2017-072
APPLICANT:
OWNER:
PLANNER:
Miken Construction
John Christian
Liz Westmoreland, Assistant Planner
949-644-3234, lwestmoreland@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
Coastal Land Use Category: RSD-C (Single Unit Residential Detached – (10.0 –
19.99 DU/AC))
Coastal Zoning District: R-1 (Single-Unit Residential)
General Plan: RS-D (Single-Unit Residential Detached)
Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A Coastal Development Permit (CDP) to demolish an existing one-story single-family
residence and construct a new 3-story, 3,571-square-foot, single-family residence with a
430-square-foot 2-car garage. Demolition of the existing residence results in reversion to
the underlying legal lot lines, resulting in two legal lots. Each lot is approximately 2,625
square feet in area. This coastal development permit addresses the demolition of the
existing single-family residence and construction of one single-family residence on the
westerly lot adjacent to 1709 East Balboa Boulevard. The design includes hardscape, walls,
landscaping, and drainage facilities. The project complies with all applicable development
standards and 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), because it has no potential to have a significant effect on the
environment; and
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3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2017-072 (Attachment No. ZA 1).
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 currently consists of two underlying legal lots developed with a single-
family residence. 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 consistent with applicable development standards.
The existing lot is approximately 70 feet wide by 75 feet deep, with an area of 5,250
square feet. Reverting to the underlying legal lots results in two lots that are
approximately 35 feet wide by 75 feet deep, with an area of 2,625 square feet each.
No construction is currently planned for the second, easterly lot adjacent to 1801 East
Balboa Boulevard (Lot 23 of Tract 518). Future development on the second lot would
require the issuance of a separate coastal development permit.
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 evidenced by the project plans and illustrated in Table 1 below.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front 9 feet 9 feet
Sides 3 feet 3 feet
Rear 0 feet 0 feet
Allowable Floor Area 3,836 square feet 3,571 square feet
Allowable 3rd Floor Area 288 square feet 286 square feet
Open Space 288 square feet 292 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
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Hazards
The development is separated from the shoreline by East Balboa Boulevard and
several rows of residences. The subject property is located approximately 300 feet
from the bay and is not protected by a bulkhead.
The finish floor elevation of the proposed dwelling is 10.0 MSL (NAVD 88), which
complies with the minimum 9.00 MSL (NAVD88) elevation standard.
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.
Water Quality
The property is not located within 100 feet of coastal waters. 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 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 not located between the nearest public road and the sea or
shoreline. Based on distance to the water and the project’s compliance with
applicable development standards such as height and setbacks, the project will not
affect the public’s ability to gain access to, use, and/or view the coast and nearby
recreational facilities. Vertical access to the bay front is available south of the site
along I Street. Lateral Access is available via the large public beach along East
Ocean Front.
The closest Public View Point is located at West Jetty View Park, more than 1,900
feet from the property. The proposed residence is not located near Coastal View
Roads, as designated in the Coastal Land Use Plan. Due to the distance of the
proposed development from the Public View Point and the project’s compliance
with height, setbacks, the project will not impact coastal views.
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ENVIRONMENTAL REVIEW
Categorical Exemption
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 3,571-square-
foot single-family residence.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners 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 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:
_____________________________
Liz Westmoreland, Assistant Planner
GBR/law
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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08-15-2017
RESOLUTION NO. ZA2017-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-072 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 2-CAR
GARAGE LOCATED AT 1717 EAST BALBOA BOULEVARD
(PA2017-174)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Miken Construction, with respect to property located at 1717
East Balboa Boulevard requesting approval of a coastal development permit.
2. The lot at 1717 East Balboa Boulevard is legally described as Lot 24 of Tract No. 518, in
City of Newport Beach, County of Orange, State of California, as per map recorded in
Book 17, Pages 33-36 of Miscellaneous Maps, Records of Orange County, California.
The existing single-family residence to be demolished is located across Lots 24 and 23
on the aforementioned Tract 518. New construction is limited to Lot 24 of Tract 518.
3. The applicant proposes to demolish an existing one-story single-family residence and
construct a new 3-story, 3,571-square-foot, single-family residence with a 430-square-foot
2-car garage. Demolition of the existing residence results in reversion to the underlying
legal lot lines, resulting in two legal lots. Each lot is approximately 2,625 square feet in
area. This coastal development permit addresses the demolition of the existing single-
family residence and construction of one single-family residence on the westerly lot
adjacent to 1709 East Balboa Boulevard. The design includes hardscape, walls,
landscaping, and drainage facilities. The project complies with all applicable development
standards and no deviations are requested.
4. The subject property is designated RS-D (Single-Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1 (Single-Unit Residential)
Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-C (Single Unit Residential Detached – (10.0 – 19.99 DU/AC)) and it is
located within the R-1 (Single-Unit Residential) Coastal Zone District.
6. A public hearing was held on November 30, 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.
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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.
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 3,571-square-
foot single-family residence and attached 2-car garage.
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 3,836 square feet and the proposed floor area
is 3,571 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 (9.135 feet
NAVD88) and the highest ridge is no more than 29 feet from established grade,
which comply 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 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.
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3. The development is separated from the shoreline by East Balboa Boulevard and several
rows of residences. The subject property is located approximately 300 feet from the bay
and is not protected by a bulkhead. The finish floor elevation of the proposed dwelling
is 10.0 MSL (NAVD 88), which complies with the minimum 9.00 MSL (NAVD88)
elevation standard.
4. The second, easterly lot located adjacent to 1801 East Balboa Boulevard (Lot 23 of Tract
518) is anticipated to remain vacant at this time. Future development on the second lot
would require the issuance of a separate coastal development permit.
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 not located within 100 feet of coastal waters. 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 and minor rain event run-off on-site. Any water not retained on-site is directed to
the City’s storm drain system.
7. Proposed landscaping complies with Implementation Plan Section 21.30.075. A
condition of approval is included that requires drought tolerant and prohibits invasive
species. Prior to issuance of building permits, the final landscape plans will be reviewed
to verify invasive species are not planted
8. The project site is not located between the nearest public road and the sea or shoreline.
Based on distance to the water and the project’s compliance with applicable
development standards such as height and setbacks, the project will no t affect the
public’s ability to gain access to, use, and/or view the coast and nearby recreational
facilities. Vertical access to the bay front is available south of the site along I Street.
Lateral Access is available via the large public beach along Eas t Ocean Front.
9. The closest Public View Point is located at West Jetty View Park, more than 1,900 feet
from the property. The proposed residence is not located near Coastal View Roads, as
designated in the Coastal Land Use Plan. Due to the distance of the proposed
development from the Public View Point and the project’s compliance with height,
setbacks, the project will not impact coastal views.
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08-15-2017
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:
1. The project site is not located between the nearest public road and the sea or shoreline.
Based on distance to the water and the project’s compliance with applicable
development standards such as height and setbacks, the project will not affect the
public’s ability to gain access to, use, and/or view the coast and nearby recreational
facilities. Vertical access to the bay front is available south of the site along I Street.
Lateral Access is available via the large public beach along East Ocean Front.
2. The closest Public View Point is located at West Jetty View Park, more than 1,900 feet
from the property. The proposed residence is not located near Coastal View Roads, as
designated in the Coastal Land Use Plan. Due to the distance of the proposed
development from the Public View Point and the project’s compliance with height,
setbacks, the project will not impact coastal views.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2017-072, 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 30TH DAY OF NOVEMBER, 2017.
___________________________________
Patrick J. Alford, Zoning Administrator
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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. 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, the beach, streams,
wetland or their buffers.
3. Best Management Practices (BMP’s) and Good Housekeeping Practices (GHP’s) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Drainage and Erosion Control Plans.
4. 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.
5. Debris from demolition shall be removed from work areas each day and rem oved 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.
6. 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.
7. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
8. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
9. 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.
10. 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.
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11. 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.
12. 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
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 dep ict
the elements approved by this Coastal Development Permit.
13. 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.
14. 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.
15. 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.
16. 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.
17. This Coastal Development Permit No. CD2017-072 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.
18. 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 1717 East Balboa Boulevard CDP including, but not limited to, Coastal
Development Permit No. CD2017-072 (PA2017-174). 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,
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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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
CDP No. CD2017-072
PA2017-174
1717 East Balboa Boulevard
Subject Property
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Attachment No. ZA 3
Project Plans
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