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HomeMy WebLinkAbout02_Naehring Residential Condominiums_PA2018-143 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT November 29, 2018 Agenda Item No. 2 SUBJECT: Naehring Residential Condominiums (PA2018-143)  Coastal Development Permit No. CD2018-061  Tentative Parcel Map No. NP2018-018 (County Tentative Parcel Map No. 2018-171) SITE LOCATION: 3406 and 3406 ½ Marcus Avenue APPLICANT: Rick Guina of GB Architecture OWNER: Matt Naehring PLANNER: Makana Nova, Associate Planner 949-644-3249, mnova@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN  Coastal Land Use Category: RT-E (Two-Unit Residential) – (30.0-39.9 DU/AC)  Coastal Zoning District: R-2 (Two-Unit Residential)  General Plan: RT (Two-Unit Residential)  Zoning District : R-2 (Two-Family Residential) PROJECT SUMMARY A coastal development permit and tentative parcel map to demolish an existing duplex and construct a new 3-story, 4,226-square-foot two-unit condominium with two attached single-car garages totaling 450 square feet and two carport spaces. The project includes hardscape, drainage, landscaping improvements, and accessory structures. The project also includes a reinforced bulkhead with cap for coastal hazards protection. The proposed residence complies with all applicable development standards including height, setbacks, and floor area limits. No deviations are requested. The tentative parcel map will merge the underlying lot lines for development of a 2 -unit condominium. The subject property is bisected by the coastal permit jurisdiction boundary resulting in a portion of the two-unit condominium, front patio accessory improvements, and the bulkhead improvements within California Coastal Commission’s permit jurisdiction. This Coastal Development Permit is intended to cover portions of the project within the City’s permit authority as designated in the Local Coastal Program (Title 21 of the Newport Beach Municpal Code). 1 Naehring Residential Condominiums Zoning Administrator, November 29, 2018 Page 2 Tmplt: 01/12/18 RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt under Section 15303 of the State California Environmental Quality Act ( CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures); and under Section 15315 of the State CEQA Guidelines - Class 15 (Minor Land Divisions), 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. CD2018-061 and Tentative Parcel Map No. NP2018-018 (Attachment No. ZA 1). DISCUSSION Land Use and Development Standards  The subject property is located in the R-2 (Two-Unit Residential) Coastal Zoning District, which provides for single-unit and two-unit residential development and is consistent with the City’s General Plan, Coastal Land Use 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 Coastal Commission Appeal Area.  The property is currently developed with a duplex constructed in 1950. The neighborhood is predominantly developed with one- and two-story, single-and- two-family residences. Newer three-story development is also present in the vicinity. The proposed design, bulk, and scale of the development is compatible with the existing neighborhood pattern of development and expected future development consistent with applicable development standards.  The proposed two-unit 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. 2 Naehring Residential Condominiums Zoning Administrator, November 29, 2018 Page 3 Tmplt: 01/12/18 Table 1 – R-2 Development Standards Development Standard Standard Proposed Setbacks (min.) Front (water) 25 feet 25 feet Sides 4 feet 4 feet Second Front (street) 3 feet 3 feet Allowable Floor Area (max.) 5,022 square feet 4,676 square feet Allowable 3rd Floor Area (max.) 377 square feet 376 square feet Open Space (min.) 377 square feet 391 square feet Parking (min.) 2 per unit, 1 in a garage and 1 covered 2-single-car garages and two covered carports Height (max.) 24 feet flat roof 29 feet sloped roof 24 feet flat roof 29 feet sloped roof Parcel Map  Approval of the Tentative Parcel Map will consolidate the underlying lot and half lot and allow each unit of the duplex to be sold individually.  The property is designated for two-unit residential use by the General Plan and Zoning Code. The new two-unit dwelling is consistent with this designation and a tentative parcel map for condominiums does not change the use.  The new condominium project will conform to current Municipal Code requirements and meet all Title 19 standards.  Public improvements such as the undergrounding of overhead utilities and reconstruction of broken and/or otherwise damaged concrete and curb along Marcus Avenue will be required of the applicant per the Municipal Code and Subdivision Map Act. Hazards  The property fronts the Rivo Alto Waterway of Newport Bay and is a private waterfront parcel. The project site is protected by an existing seawall with the top of the bulkhead at elevation 6.71 feet (NAVD88). The existing bulkhead is low, is not in good condition, and is in need of maintenance and repair at this time. The site is also vulnerable to flooding from the adjacent street ends and other low-lying properties that will need to be protected in the future. The project proposes to reinforce the existing wall and add a cap that will bring the height to 10.05 feet (NAVD88). No development is proposed bayward of the existing seawall. 3 Naehring Residential Condominiums Zoning Administrator, November 29, 2018 Page 4 Tmplt: 01/12/18  A Coastal Hazard Report and Sea Level Rise Analysis was prepared by PMA Consulting, Inc. dated October 15, 2018, for the project. The bay water elevation (currently maximum 7.2 NAVD88) may exceed the current 6.71 feet NAVD88 top of bulkhead elevation during high tide or storm events. Once the existing seawall/bulkhead is repaired/reinforced per the report ’s recommendations, flooding, wave runup, and erosion will not significantly impact this property over the proposed life of the development. A waterproofing curb is proposed be constructed around the perimeter of the dwelling that would protect against flooding up to an elevation of 10.05 feet (NAVD88). Flood shields (sand bags and other methods) can be deployed across the openings to protect and prevent flooding to the structure. The report concludes that the proposed project will be safe from flooding hazards for the next 75 years with the reinforced/capped bulkhead and a flood protection curb. Therefore, the project has been conditioned to raise or cap the bulkhead and include a curb structure up to 10.05 feet (NAVD88). This analysis used estimates for sea level rise from The State of California, Sea Level Rise Guidance: 2018 Update estimates.  The finished floor elevation of the proposed condominiums is 9.0 feet (NAVD 88), which complies with the minimum 9.00 feet (NAVD88) elevation standard. The Coastal Hazard Report concludes that the bay water elevation (currently 7.2 feet NAVD88) will not exceed the proposed flood protection curb around the two -unit condominium at 10.05 feet (NAVD88 datum) for the anticipated 75-year life of the structure.  Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The property owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with NBMC Section 21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will need to be satisfied prior to the issuance of building permits for construction.  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. 4 Naehring Residential Condominiums Zoning Administrator, November 29, 2018 Page 5 Tmplt: 01/12/18 Water Quality  The property is fronts the Rivo Also waterway of Newport Bay. Pursuant to NBMC Section 21.35.030 (Construction Pollution Prevention Plan), 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 from construction chemicals and materials. A CPPP has been prepared and included in the plan sets for review and approval prior to the issuance of construction permits. Construction plans and activities will be required to adhere to the approved CPPP.  Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), because of the site’s proximity to the water and because the development contains more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP/WQMP) was prepared by John Dinh Tran of JT Consulting Engineers, dated May 8, 2018. The final WQHP/WQMP will be required to be reviewed and approved by the City’s Engineer Geologist prior to building permit issuance. The WQHP/WQMP includes a polluted runoff and hydrologic site characterization, treatment control BMPs, use of a low-impact development approach and bioretention system to retain the design storm runoff volume on-site, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be required to comply with the approved WQHP/WQMP prior to the issuance of building permits.  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 run-off 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.  The residential lot does not currently provide nor does it inhibit public coastal access, and the proposed development does not alter or affect existing access conditions. Coastal access is provided along the public streets and street ends throughout the neighborhood. Vertical access to the Rivo Alto is available approximately 60 feet east of the site at the street end along 34th Street and 80 feet west at the street end along 35th Street with access to the water. Vertical access to the beach is also available approximately 1,000 feet southwest of the site at the street ends along 34th Street and 35th Street. The public beach to the southwest also includes a 12-foot-wide public sidewalk along West Ocean Front, providing lateral access and views of the beach. 5 Naehring Residential Condominiums Zoning Administrator, November 29, 2018 Page 6 Tmplt: 01/12/18  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 replaces an existing duplex with a new residential two-unit condominium in an R-2 zoning district. Therefore, the project does not involve a change in land use, density or intensity that will result in significant increased demand on public access and recreation opportunities. Furthermore, the project is designed and sited so as not to block or impede existing public access opportunities.  The closest Public Viewpoint is located at Newport Island Park, approximately 820 feet northwest from the property. The proposed two-unit condominium 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 Viewpoint and the project’s compliance with height, setbacks, and floor area limits, the project will not impact coastal views. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 and 15315 under Class 3 (New Construction or Conversion of Small Structures) and Class 15 (Minor Land Divisions) 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 construction and location of limited numbers of new, small facil ities or structures including one single-family residence in a residential zone. The proposed project consists of the construction of a new 4,676-square-foot two-family condominium in the R-2 Zoning District. Class 15 exempts the division of property in urbanized areas zoned for residential, commercial, or industrial use into four (4) or fewer parcels when the division is in conformance with the General Plan and Zoning, no variances or exceptions are required, all services and access to the proposed parcels are available, the parcel was not involved in a division of a larger parcel within the previous two (2) years, and the parcel does not have an average slope greater than 20 percent. The Tentative Parcel Map is for condominium purposes and is consistent with all of the requirements of the Class 15 exemption. 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 6 Naehring Residential Condominiums Zoning Administrator, November 29, 2018 Page 7 Tmplt: 01/12/18 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 thi s 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: GR/mkn Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans ZA 3 Tentative Parcel Map No. NP2018-018 (County Tentative Parcel Map No. 2018-171) 7 Attachment No. ZA 1 Draft Resolution 8 05-15-2018 RESOLUTION NO. ZA2018-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH COASTAL DEVELOPMENT PERMIT NO. CD2018-061 AND TENTATIVE PARCEL MAP NO. NP2018- 018 TO CONSTRUCT A NEW THREE-STORY, TWO-UNIT CONDOMINIUMS LOCATED AT 3406 AND 3406 1/2 MARCUS AVENUE (PA2018-143) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Rick Guina of GB Architecture, representing the property owner, Matt Naehring, with respect to property located at 3406 and 3406 ½ Marcus Avenue, requesting approval of a coastal development permit and tentative parcel map. 2. The lot at 3406 and 3406 ½ Marcus Avenue is legally described as Lot 4 and the northwesterly half of Lot 3, Block 334, Canal Section, Newport Beach, as shown on a map recorded in Book 4, Page 98 of Miscellaneous Maps, records of Orange County, California. 3. The applicant requests a coastal development permit and tentative parcel map to demolish an existing duplex and construct a new 3-story, 4,226-square-foot two-unit condominium with two attached single-car garages totaling 450 square feet and two carport spaces. The project includes hardscape, drainage, landscaping improvements, and accessory structures. The project also includes a reinforced bulkhead with cap for coastal hazards protection. The proposed residence complies with all applicable development standards including height, setbacks, and floor area limits. No deviations are requested. The tentative parcel map will merge the underlying lot lines for development of a 2-unit condominium. 4. The subject property is bisected by the coastal permit jurisdiction boundary resulting i n a portion of the two-unit condominium, front patio accessory improvements, and the bulkhead improvements within California Coastal Commission’s permit jurisdiction. This Coastal Development Permit is intended to cover portions of the project within the City’s permit authority as designated in the Local Coastal Program (LCP) (Title 21 of the Newport Beach Municpal Code). 5. The subject property is designated RT (Two-Unit Residential) by the General Plan Land Use Element and is located within the R-2 (Two-Family Residential) Zoning District. 6. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-E (Two-Unit Residential) (30.0 -39.9 DU/AC) and it is located within the R- 2 (Two-Unit Residential) Coastal Zone District. 7. A public hearing was held on November 29, 2018, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place 9 Zoning Administrator Resolution No. #### Page 2 of 15 05-15-2018 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) and Section 15315 under Class 15 (Minor Land Divisions) because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the construction and location of limited numbers of new, small facilities or structures including one single-family residence in a residential zone. The proposed project consists of the construction of a new 4,676-square-foot two-family condominium in the R-2 Zoning District. 3. Class 15 exempts the division of property in urbanized areas zoned for residential, commercial, or industrial use into four (4) or fewer parcels when the division is in conformance with the General Plan and Zoning, no variances or exceptions are required, all services and access to the proposed parcels are available, the parcel was not involved in a division of a larger parcel within the previous two (2) years, and the parcel does not have an average slope greater than 20 percent. The Tentative Parcel Map is for condominium purposes and to merge underlying legal lot lines and is therefore consistent with all of the requirements of the Class 15 exemption. SECTION 3. REQUIRED FINDINGS. In accordance with Newport Beach Municipal Code (“NBMC”) Section 21.52.015 (Coastal Development Permits, Findings and Decision), 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 and Tentative Parcel Map for condominium purposes complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. The total proposed floor area, including the residences and enclosed parking, is 4,676 square feet, which complies with the maximum allowable floor area limit of 5,022 square feet. 10 Zoning Administrator Resolution No. #### Page 3 of 15 05-15-2018 b. The proposed development provides the minimum required setbacks, which are 25 feet along the water (front setback), 3 feet along the street (front setback), and 4 feet along each side property line. c. The highest guardrail is no more than 24 feet and the highest roof ridge is no more than 29 feet, measured from the established grade level of 9.00 feet based on the North American Vertical Datum of 1988 (“NAVD88”), which complies with the maximum height limitation. d. The project includes one enclosed garage for each residence parking and one covered carport for each residence for a total of four parking spaces vehicles, in compliance with the minimum parking requirement for two -unit residences. 2. The neighborhood is predominantly developed with one- and two-story, single-and-two- family residences. Newer three-story development is also present in the vicinity. The proposed design, bulk, and scale of the development is compatible with the existing neighborhood pattern of development and expected future development consistent with applicable development standards. 3. The property fronts the Rivo Alto Waterway of Newport Bay and is a private waterfront parcel. The project site is protected by an existing seawall with the top of the bulkhead at elevation 6.71 feet (NAVD88). The existing bulkhead is low, is not in good condition, and is in need of maintenance and repair at this time. The site is also vulnerable to flooding from the adjacent street ends and other low-lying properties that will need to be protected in the future. The project proposes to reinforce the existing wall and add a cap that will bring the height to 10.05 feet (NAVD88). No development is proposed bayward of the existing seawall. 4. A Coastal Hazard Report and Sea Level Rise Analysis was prepared by PMA Consulting, Inc. dated October 15, 2018, for the project. The bay water elevation (currently maximum 7.2 NAVD88) may exceed the current 6.71 feet NAVD88 top of bulkhead elevation during high tide or storm events. Once the existing seawall/bulkhead is repaired/reinforced per the report’s recommendations, flooding, wave runup, and erosion will not significantly impact this property over the proposed life of the development. A waterproofing curb is proposed be constructed around the perimeter of the dwelling that would protect against flooding up to an elevation of 10.05 feet (NAVD88). Flood shields (sand bags and other methods) can be deployed across the openings to protect and prevent flooding to the structure. The report concludes that the proposed project will be safe from flooding hazards for the next 75 years with the reinforced/capped bulkhead and a flood protection curb. Therefore, the project has been conditioned to raise or cap the bulkhead and include a curb stru cture up to 10.05 feet (NAVD88). This analysis used estimates for sea level rise from The State of California, Sea Level Rise Guidance: 2018 Update estimates. 5. The finished floor elevation of the proposed condominiums is 9.0 feet (NAVD 88), which complies with the minimum 9.00 feet (NAVD88) elevation standard. The Coastal Hazard Report concludes that the bay water elevation (currently 7.2 feet NAVD88) will not exceed the proposed flood protection curb around the two-unit condominium at 10.05 feet (NAVD88 datum) for the anticipated 75-year life of the structure. 11 Zoning Administrator Resolution No. #### Page 4 of 15 05-15-2018 6. Pursuant to NBMC Section 21.30.030 (Natural Landform and Shoreline Protection) (C)(3)(i)(iv), the property owner will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The property owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with NBMC Section 21.30.015 (General Site Planning and Development Standards) (D)(3)(c). Both requirements are included as conditions of approval that will need to be satisfied prior to the issuance of building permits for construction. 7. 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. 8. The project design addresses water quality with a construction erosion control plan that outlines temporary Best Management Practices (BMPs) to be implemented during construction to minimize erosion and sedimentation, and to minimize pollution of runoff derived by construction chemicals and materials. 9. The project design includes 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. 10. The property fronts the Rivo Also waterway of Newport Bay. Pursuant to NBMC Section 21.35.030 (Construction Pollution Prevention Plan), 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 from construction chemicals and materials. A CPPP has been prepared for review and approval prior to the issuance of construction permits. Construction plans and activities will be required to adhere to the approved CPPP. 11. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), because of the site’s proximity to the water and because the development contains more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP/WQMP) was prepared by John Dinh Tran of JT Consulting Engineers, dated May 8, 2018. The final WQHP/WQMP will be required to be reviewed and approved by the City’s Engineer Geologist prior to building permit issuance. The WQHP/WQMP includes a polluted runoff and hydrologic site characterization, treatment control BMPs, use of a low-impact development approach and bioretention system to retain the design storm runoff volume on-site, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be required to comply with the approved WQHP/WQMP prior to the issuance of building permits. 12 Zoning Administrator Resolution No. #### Page 5 of 15 05-15-2018 12. New landscaping will be verified for compliance with NBMC Section 21.30.075 (Landscaping). A condition of approval is included to require drought-tolerant, and prohibits invasive, species. Prior to issuance of the building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 13. The Tentative Parcel Map is for condominium purposes and meets all of the requirements of the Local Coastal Program, including Section 21.30.025 (Coastal Subdivisions). 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 and Tentative Parcel Map 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. 2. The residential lot does not currently provide nor does it inhibit public coastal access, and the proposed development does not alter or affect existing access conditions. Coastal access is provided along the public streets and street ends throughout the neighborhood. Vertical access to the Rivo Alto is available approximately 60 feet east of the site at the street end along 34th Street and 80 feet west at the street end along 35th Street with access to the water. Vertical access to the beach is also available approximately 1,000 feet southwest of the site at the street ends along 34th Street and 35th Street. The public beach to the southwest also includes a 12-foot-wide public sidewalk along West Ocean Front, providing lateral access and views of the beach. 3. 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 replaces an existing duplex with a new residential two-unit condominium in an R-2 zoning district. Therefore, the project does not involve a change in land use, density or intensity that will result in significant increased demand on public access and recreation opportunities. Furthermore, the project is designed and sited so as not to block or impede existing public access opportunities. 4. The closest Public Viewpoint is located at Newport Island Park, approximately 820 feet northwest from the property. The proposed two -unit condominium is not located near Coastal View Roads, as designated in the Coastal Land Use Plan. Due to the d istance of the proposed development from the Public Viewpoint and the project’s compliance with height, setbacks, and floor area limits, the project will not impact coastal views. The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent with the legislative intent of Title 20 (Planning and Zoning) of the Newport Beach Municipal 13 Zoning Administrator Resolution No. #### Page 6 of 15 05-15-2018 Code and is approved based on the following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps) of Title 19: Finding: C. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: 1. The Tentative Parcel Map is to consolidate underlying legal lots and for two-unit residential condominium purposes. An existing duplex will be demolished and replaced with a new two-unit condominium. The proposed subdivision and improvements are consistent with the density of the R-2 Zoning District and the current RT General Plan Land Use Designation. 2. The Tentative Parcel Map does not apply to any specific plan area. Finding: D. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The lot is physically suitable for two-unit development because it is regular in shape and is relatively flat. 2. The subject property is accessible from Marcus Avenue, and is adequately served by existing utilities. Finding: E. That the design of the subdivision or the proposed improvements, are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. The existing duplex will be demolished and replaced with a new two-unit condominium. A duplex has existing on this site since 1950. The proposed project will replace the existing structure with a new two-unit residential condominium that is compliant with all current code requirements. 14 Zoning Administrator Resolution No. #### Page 7 of 15 05-15-2018 2. The property is located in an urbanized area that does not contain any sensitive vegetation or habitat. 3. The subdivision is categorically exempt under Section 15315 (Article 19 of Chapter 3), of the California Environmental Quality Act (CEQA) Guidelines – Class 15 (Minor Land Alterations). Finding: F. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: 1. The Tentative Parcel Map is to consolidate underlying legal lot lines and for residential condominium purposes. All improvements associated with the project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. All ordinances of the City and all Conditions of Approval will be complied with. 2. Public improvements will be required of the developer per Section 19.28.010 (General Improvement Requirements) of the Municipal Code and Section 66411 (Local agencies to regulate and control design of subdivisions) of the Subdivision Map Act. Finding: G. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements fo r access through or use of property within a subdivision. Fact in Support of Finding: 1. The design of the development will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed development, because there are no public easements located on the property. Finding: H. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivisi on 15 Zoning Administrator Resolution No. #### Page 8 of 15 05-15-2018 of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: 1. The property is not subject to the W illiamson Act because the subject property is not designated as an agricultural preserve and is less than 100 acres in area. 2. The site, developed for residential use, lies in a zoning district that permits residential uses. Finding: I. That, in the case of a “land project” as defined in Section 11000.5 of the California Business and Professions Code: (1) there is an adopted specific plan for the area to be included within the land project; and (2) the decision making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: 1. California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this Project site is not considered a “land project” as previously defined in Section 11000.5 of the California Business and Professions Code because the Project site does not contain 50 or more parcels of land. 2. The project is not located within a specific plan area. Finding: J. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Fact in Support of Finding: 1. The Tentative Parcel Map and any future improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: K. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City’s share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City’s residents and available fiscal and environmental resources. 16 Zoning Administrator Resolution No. #### Page 9 of 15 05-15-2018 Fact in Support of Finding: 1. The proposed two-unit duplex is consistent with the R-2 Zoning District, which allows two (2) residential units on the property. Therefore, the Tentative Parcel Map for condominium purposes will not affect the City in meeting its regional housing need. Finding: L. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Fact in Support of Finding: 1. The new two-unit duplex will be designed so that wastewater discharge into the existing sewer system complies with the Regional Water Quality Control Board (RWQCB) requirements. Finding: M. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Fact in Support of Finding: 1. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-E (Two-Unit Residential) and the property is located within the R-2 (Two- Unit Residential) Coastal Zone District. The Facts in Support of Findings A and B for Section 21.52.015 (Coastal Development Permits, Findings and Decision) found above are hereby incorporated for reference. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2018-061 and Tentative Parcel Map No. NP2018-018, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 2. The subject property is bisected by the coastal permit jurisdiction boundary resulting in a portion of the two-unit condominium, front patio accessory improvements, and the bulkhead improvements within Coastal Commission’s permit jurisdiction. This coastal development permit is intended to cover portions of the project within the City’s permit authority under the Local Coastal Program. 17 Zoning Administrator Resolution No. #### Page 10 of 15 05-15-2018 3. 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 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. 4. This Coastal Development Permit shall take effect upon the effective date of approval of the California Coastal Commission’s action on a Coastal Development Permit for portions of the project within their permit authority. PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF NOVEMBER, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator 18 Zoning Administrator Resolution No. #### Page 11 of 15 05-15-2018 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 issuance of building permits, the project plans shall be updated to reflect that a minimum waterproofing curb will be constructed around the proposed residence as an adaptive flood protection device up to 10.05 feet (NAVD88). Flood shields (sand bags and other methods) can be deployed across the openings to protect prevent flooding to the structure. 3. Prior to final of building permits for the new home, the existing bulkhead or similar flood protection improvement shall be raised or replaced to provide a minimum elevation of 10.05 feet NAVD88 datum or a height elevation to the satisfaction of the Public Works Department. All improvements shall occur landward of the existing bulkhead. 4. Waiver of Future Protection for Properties with Approved Bulkheads – 21.30.030.C.3(i) Prior to the issuance of a building permit, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices including the repair and maintenance, enhancement, reinforcement, or any other activity affecting the bulkhead, that results in any encroachment seaward of the authorized footprint of the bulkhead or other shoreline protective device. The agreement shall be binding against the property owners and successors and assigns. 5. Acknowledgement of Hazards for Waterfront Development - 21.30.015.D.3(c) 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 again st 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. 6. 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, the beach, wetlands or their buffers. 19 Zoning Administrator Resolution No. #### Page 12 of 15 05-15-2018 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 (BMP’s) and Good Housekeeping Practices (GHP’s) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Pollution Prevention Plan (CPPP). 10. 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. 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. 12. 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. 13. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 14. 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 prop erty is operated or maintained so as to constitute a public nuisance. 15. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 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. 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 appr oved by the Planning Division. 18. 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 20 Zoning Administrator Resolution No. #### Page 13 of 15 05-15-2018 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. 19. 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. Building Conditions 20. Combustible decking shall not be permitted within 3 feet of the side property lines adjacent to the residential units. 21. The trash enclosure shall be isolated from the building envelope as it relates to energy and drainage (washout). 22. The building shall be 1-hour construction for floors and walls when horizontal and vertical 1 hour assembly overlap. 23. 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. 24. 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. 25. Prior to issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 26. Prior to issuance of a building permits, the approved CPPP and WQHP/WQMP shall be submitted with the Building Permit plans. Implementation shall be in complianc e with the approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. Parcel Map Conditions 27. A parcel map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach, a digital- graphic file of said map in a manner described in Section 7 -9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City’s CADD standards. Scanned images will not be accepted. 28. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County 21 Zoning Administrator Resolution No. #### Page 14 of 15 05-15-2018 Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prio r to completion of the construction project. 29. All improvements shall be constructed as required by Ordinance and the Public Works Department. 30. Reconstruct all damaged sidewalk panels, curb, gutter, and street along the Marcus Avenue property frontage as determined by the Public Works Department. 31. All existing overhead utilities shall be undergrounded. 32. Each unit shall be served by its individual water meter and sewer lateral and cleanout. Each water meter and sewer cleanout shall be installed with a traffic gra de box and cover. 33. Each unit shall provide fire sprinkler service with a separate and independent fire riser. 34. An encroachment permit is required for all work activities within the public right -of-way. 35. All improvements shall comply with the City’s sight distance requirement. See City Standard 110-L. 36. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 37. The driveway shall be designed per City Standard STD-163-L with the maximum width of the approach bottom is 25 feet or less. The garage finish floor elevation at the garage door shall be a minimum of 6-inches above the gutter flow line. The driveway design shall accommodate a minimum 4-foot landing between neighboring driveways. 38. The unused portion of the existing driveway approach shall be plugged per City Standard STD-165-L. 39. 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. 40. This Coastal Development Permit No. CD2018-061 and Tentative Parcel Map No. NP2018-018 shall expire unless exercised within 24 months from the date of approval as specified in Title 19 (Subdivisions) and Title 21 (Implementation Plan) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 41. 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 22 Zoning Administrator Resolution No. #### Page 15 of 15 05-15-2018 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 Naehring Residential Condominiums including, but not limited to, Coastal Development Permit No. CD2018-061 and Tentative Parcel Map No. NP2018-018 (PA2018-143). 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. 23 Attachment No. ZA 2 Vicinity Map 24 VICINITY MAP Coastal Development Permit No. CD2018-061 and Tentative Parcel Map No. NP2018-018 (PA2018-143) 3406 and 3406 ½ Marcus Avenue Subject Property 25 Attachment No. ZA 3 Project Plans 26 27 28 29 30 31 32 33 3/7/2018 34 35 36 37 38 39 40 Attachment No. ZA 4 Tentative Parcel Map No. NP2018-018 (County Tentative Parcel Map No. 2018-171) 41 [BASIS OF BEARINGS]BLOCK 334M.M. 4/98MARCUS AVENUELOT 5LOT 4POR. LOT 3POR. LOT 3N53°44'40"EN36°20'44"W 42.88'20.00'N36°20'44"W 42.88' N36°20'44"W 129.35'N53°44'40"E 100.00'N53°44'52"E 100.00'WATERWAY THE RIVO ALTO SITE ADDRESS 3406 MARCUS AVENUE NEWPORT BEACH, CA 92663 (APN: 423-373-04) SHEET 1 OF 1 TENTATIVE PARCEL MAP NO. 2018- AUGUST 2018 SCALE = 1" = 16' HUNTINGTON BEACH, CALIFORNIA 92646 PHONE:(714)488-5006 FAX:(714)333-4440 APEXLSINC@GMAIL.COM PREPARED BY: P.D.C. PAUL D. CRAFT, P.L.S. 8516 LICENSE EXPIRES 12/31/18 OWNER/DEVELOPER: PENINSULA REAL ESTATE INVESTMENTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS: PARCEL 1: LOT FOUR (4) OF BLOCK THREE HUNDRED THIRTY FOUR (334) OF CANAL SECTION, NEWPORT BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 98 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: THE NORTHWESTERLY ONE-HALF OF LOT THREE (3) OF BLOCK THREE HUNDRED THIRTY FOUR (334) OF CANAL SECTION, NEWPORT BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 98 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Exp. 12/31/18 No. 8516PROFESSIONALLAND S URVEYORPAULD O M I NICK CRAFTST A TE OF CA L I F O R NIADATE JN: 18027 42