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HomeMy WebLinkAboutZA2018-140 - COASTAL DEVELOPMENT PERMIT, TENTATIVE PARCEL MAP DEMO EXISTING DUPLEX AND CONSTRUCT A NEW THREE-STORY, TWO UNIT CONDOMINIUM 211 32ND STREETRESOLUTION NO. ZA2018-140 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-049 AND TENTATIVE PARCEL MAP NO. NP2018-015 TO DEMOLISH AN EXISTING DUPLEX AND CONSTRUCT A NEW THREE-STORY, TWO -UNIT CONDOMINIUM WITH TWO ATTACHED GARAGES AND TWO CARPORTS AT 211 32ND STREET (PA2018-110 THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. Applications were filed by OC Luxury Development LLC, with respect to property located at 211 32nd Street, requesting approval of a coastal development permit for a new two -unit residential development and a tentative parcel map for condominium purposes. 2. The property is legally described as Lot 18 and a portion of Lot 19, Block 132, of Tract 418. 3. The Applicant proposes to demolish an existing duplex and to construct a new three- story, 4,629 -square -foot, two -unit condominium, including two attached garages and two carports. The proposed development also includes additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. The design complies with all applicable development standards and no deviations are requested. The Tentative Parcel Map will allow each unit to be sold individually. 4. The subject property is designated RT (Two -Unit Residential) by the General Plan Land Use Element and is located within the R-2 (Two -Unit Residential) Zoning District. 5. 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. 6. A public hearing was held on December 13, 2018, in the Corona del Mar Conference Room (Bay E-1 st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Sections 15303 and 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Zoning Administrator Resolution No. ZA2018-140 Paqe 2 of 12 Construction or Conversion of Small Structures) and 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 a duplex or similar multi -family residential structures totaling no more than four dwelling units in a residential zone. The proposed project consists of the demolition of an existing duplex and construction of a new three-story, 4,629 -square - foot, two -unit condominium, including two attached garages and two carports in the R-2 Zoning District. 3. Class 15 allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four 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 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. SECTION 3. REQUIRED FINDINGS. Coastal Development Permit The Zoning Administrator determined in this case that the proposed project is consistent with the legislative intent of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) and approves the CDP based on the following findings per NBMC Section 21.52.015 (Coastal Development Permits, Findings and Decision): Finding: A. Conforms to all applicable sections of the certified Local Coastal Program Facts in Support of Finding: 1. The Tentative Parcel Map is for residential condominium purposes, on an existing inland lot within a developed neighborhood, located approximately 830 feet from the mean high water line of the ocean. The proposed development meets all of the requirements of the Local Coastal Program, including NBMC Section 21.30.025 (Coastal Subdivisions), as discussed in the subsequent facts. 2. The proposed development 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 4,629 square feet, which complies with the maximum allowable floor area limit of 5,440 square feet. Zoning Administrator Resolution No. ZA2018-140 Paqe 3 of 12 b. The proposed development will provide the minimum required setbacks, which are ten feet along the front property line abutting 32nd Street, five feet along the rear property line abutting the alley, and three feet along each side property line. c. The highest guardrail is less than 24 feet from the established grade of 9.00 feet North American Vertical Datum of 1988 (NAVD88) and the highest ridge is no more than 29 feet from established grade, which complies with the maximum height limitation. d. The project includes one enclosed garage parking space and one covered carport for each unit, in compliance with the minimum parking requirement for two -unit residential development. 3. The property consists of one legal lot containing an existing duplex. The neighborhood is predominantly developed with one- and two-story residences, some of which are condominiums. The proposed design, bulk, and scale of the development will be consistent with the anticipated neighborhood development pattern. 4. The project site is located approximately 830 feet from the mean high water line of the beach and is separated from the water by other developed residential lots and Balboa Boulevard. The finished first floor elevation of the proposed development is 9.00 feet (NAVD88), which meets the minimum required 9.00 -foot (NAVD88) elevation standard. 5. The property is not located on the shoreline nor is it located within 200 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 runoff on-site. Any water not retained on-site is directed to the City's storm drain system. 6. New landscaping will be verified for compliance with NBMC Section 21.30.075 (Landscaping). Condition of Approval No. 11 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. 7. The property is not located near designated public viewpoints 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: 1. The project site is not located between the nearest public road and the sea or shoreline, and the project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. Zoning Administrator Resolution No. ZA2018-140 Paqe 4 of 12 2. The residential lot does not currently provide nor does it inhibit public coastal access. The nearest public beach access point is located at the intersection of 32nd Street and West Ocean Front, across Balboa Boulevard and approximately 575 feet south of the project site. 3. The project site is not located adjacent to a coastal view road, public viewpoint, public park or beach, or public accessway, as identified in the Coastal Land Use Plan. Furthermore, an investigation of the project site and surrounding area did not identify any other public view opportunities. The project site may be located within the viewshed of distant public viewing areas. However, the project is located on a coastal lot and will replace an existing duplex with a new two -unit condominium that complies with all applicable Local Coastal Program development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. Tentative Parcel Map The Zoning Administrator determined in this case that the proposed project is consistent with the legislative intent of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC) and is approved based on the following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps): 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: The Tentative Parcel Map is for two -unit residential condominium purposes. An existing duplex will be demolished and is being 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 RT General Plan Land Use Designation. The proposed project site is not located within any specific plan area. Finding: D. That the site is physically suitable for the type and density of development. Facts in Support of Finding: The lot is physically suitable for two -unit development because it is generally rectangular and topographically flat, which is typical of lots in this area. Zoning Administrator Resolution No. ZA2018-140 Paqe 5 of 12 2. The proposed project will replace the existing duplex with a new two -unit condominium that is compliant with all current code requirements. 3. The subject property is accessible from the alley at the rear 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 nor 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 property is located in an urbanized area that does not contain any sensitive vegetation or habitat. All proposed improvements are located within the confines of private property. 2. The project is categorically exempt under Sections 15303 and 15315 (Article 19 of Chapter 3), of the California Environmental Quality Act (CEQA) Guidelines — Class 3 (New Construction or Conversion of Small Structures) and Class 15 (Minor Land Divisions). Finding: F. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Fact in Support of Finding: 1. The Tentative Parcel Map is 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. Public improvements will be required of the developer per NBMC Section 19.28.010 (General Improvement Requirements) and Section 66411 (Local agencies to regulate and control design of subdivisions) of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. 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 Zoning Administrator Resolution No. ZA2018-140 Paqe 6 of 12 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 for 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 subdivision 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 Williamson Act because the subject property is not designated as an agricultural preserve and is less than 100 acres in area. 2. The site is developed for residential use and is within the R-2 Zoning District, which permits residential uses. Finding: 1. 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. The property is not a "land project' as defined in Section 11000.5 of the California Business and Professions Code because the existing subdivision does not contain 50 or more parcels. 2. The project is not located within a specific plan area. Zoning Administrator Resolution No. ZA2018-140 Paqe 7 of 12 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. Fact in Support of Finding: 1. The proposed two -unit condominium is consistent with the R-2 Zoning District, which allows two 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 development has been designed and will be constructed 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. Zoning Administrator Resolution No. ZA2018-140 Paqe 8 of 12 Fact in Support of Finding: 1. The subject property is located within the Coastal Zone and a Coastal Development Permit, including applicable findings of conformance and conditions of approval, is required for the proposed development. See all Facts in Support of Findings A and B. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2018-049 and Tentative Parcel Map No. NP2018-015, 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 13TH DAY OF DECEMBER, 2018. Patrick J. Alfor , Zon' g Administrator Zoning Administrator Resolution No. ZA2018-140 Paqe 9 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 3. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 19 (Subdivisions) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 6. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 7. Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Pollution Prevention Plan (CPPP). 8. 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. 9. Prior to issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural 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. 10. Prior to issuance of a buildinq permit, the applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. Zoning Administrator Resolution No. ZA2018-140 Paqe 10 of 12 11. Prior to the issuance of a building permit, 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. 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 part of regular maintenance. 13. 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. 14. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, wetland or their buffers. 15. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 16. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. 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. 17. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 18. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current property owner or agent. 19. 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 OC Luxury Development Condominiums including, but not limited to, Coastal Development Permit No. CD2018-049 and Tentative Parcel Map No. NP2018-015 Zoning Administrator Resolution No. ZA2018-140 Paqe 11 of 12 (PA2018-110). 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. Public Works Department 24. 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. 25. 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 Surveyor in a manner described in Section s 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 prior to completion of construction project. 26. All improvements shall be constructed as required by Ordinance and the Public Works Department. 27. All damaged sidewalk panels, curb, gutter and street along the 32nd Street property frontage and any damaged concrete alley panels along the alley property frontage shall be reconstructed as determined by the Public Works Department. 28. All existing overhead utilities shall be undergrounded. 29. All above ground improvements shall be prohibited within the 5 -foot rear alley setback. 30. 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 -grade box and cover. 31. An encroachment permit is required for all work activities within the public right-of-way. 32. All improvements shall comply with the City's sight distance requirement. See City Standard 110-L. Zoning Administrator Resolution No. ZA2018-140 Paqe 12 of 12 33. 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.