Loading...
HomeMy WebLinkAbout03_Fluter Residence Coastal Development Permit_PA2019-140CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT u r C'9</FOM1N,' SUBJECT: Fluter Residence (PA2019-140) • Coastal Development Permit No. CD2019-034 SITE LOCATION: 1808 and 1808'/2 West Ocean Front APPLICANT: William Guidero OWNER: Ross Fluter PLANNER: Liane Schuller, Planning Consultant 949-644-3200, Schuller@newportbeachca.gov LAND USE AND ZONING August 29, 2019 Agenda Item No. 3 • General Plan: RM (Mulitple-Unit Residential) • Zoning District : RM (Multiple -Unit Residential) • Coastal Land Use Category: RM-E (Multiple -Unit Residential) (30.0-39.9 DU/AC) • Coastal Zoning District: RM (Multi -Unit Residential) PROJECT SUMMARY A request for a coastal development permit to allow the demolition of an existing residential duplex and construction of a new 3,477-square-foot, single-family residence with an attached 626-square-foot, two -car garage. The proposed project complies with all applicable development standards including height, setbacks, and floor area limits. No development is proposed seaward of the private property. No deviations are requested. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt draft Zoning Administrator Resolution No. approving Coastal Development Permit No. CD2019-034 (Attachment No. ZA 1). 1 Fluter Residence (PA2019-140) Zoning Administrator, August 29, 2019 Page 2 Land Use and Development Standards The subject property is located in the RM (Multiple -Unit Residential) Coastal Zoning District, which provides for single-, two -, or multiple -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 Coastal Commission Appeal Area. The property currently consists of one legal lot developed with a residential duplex. The neighborhood is predominantly developed with two-story, single- and two- family residences. Some newer structures incorporate a partial third -story. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development consistent with applicable development standards. The proposed project will conform to all applicable development standards, including floor area limit, setbacks, and height, as evidenced by the project plans and illustrated in Table 1 below. Table 1 — Development Standards Development Standard Standard Setbacks min. Front 7 feet 7 feet Side 3 feet each 3 feet each Rear 0 feet (10 feet required to garage due to alley width) 10 feet to garage Allowable Floor Area 4,120 square feet 4,103 square feet Allowable 31 Floor Area 459 square feet 444 square feet Open Volume Area 345 s are feet 559 square feet Parking 2 enclosed 2 enclosed Height 28-foot flat roof 33-foot sloped roof 28-foot flat roof 33-foot sloped roof Hazards The property is an oceanfront lot that is separated from the ocean by sandy beach with an average width of more than 500 feet and the public Ocean Front boardwalk. GeoSoils, Inc. prepared a Coastal Hazards and Wave Runup Study dated June 26, 2019, for the project. The report concludes that the long-term shoreline erosion rate is small, if any long-term erosion occurs at all. Assuming a conservative future erosion rate of 150 feet of retreat over the life of the structure, beach width will not be reduced to less than 350 feet in nominal width. A beach width of 200 feet is 9 Fluter Residence (PA2019-140) Zoning Administrator, August 29, 2019 Page 3 recognized by coastal engineers as sufficiently wide to protect landward development. The GeoSoils study also concludes that coastal hazards will not impact the property over the next 75 years and there is no anticipated need for a shore protection device over the life of the proposed development. • The finished floor elevation of the first habitable floor of the proposed structure is 14.00 feet North American Vertical Datum of 1988 (NAVD 88), which exceeds the minimum 9.0-foot (NAVD 88) elevation standard for new structures and exceeds the minimum requirements for projected sea level rise (10.1 feet NAVD 88). • Pursuant to Newport Beach Municipal Code (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 for 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 a building permit. 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 development, as proposed and as conditioned, incorporates design features to minimize the effect of construction and post -construction activities on the marine environment. These design features include, but are not limited to, one or more of the following: the appropriate management of equipment and construction materials, reducing runoff with permeable surfaces, and the use of post - construction best management practices to minimize the project's adverse impact on coastal water. • The project design addresses water quality during construction with a construction erosion control plan. All new construction resulting from the project will tie into an existing post -construction drainage system that includes features designed to retain dry weather and minor rain event runoff on -site. Any water not retained on -site is directed to the City's storm drain system. 3 Fluter Residence (PA2019-140) Zoning Administrator, August 29, 2019 Page 4 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 existing residential development neither provides nor inhibits public coastal access. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project's impact and be proportional to the impact. In this case, the project replaces an existing residential duplex with a new single-family residence. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. The project is designed and sited so as not block or impede existing public access opportunities and occurs within the confines of private property. Existing coastal access conditions will not be affected by the project. Coastal access is currently provided and will continue to be provided by street ends throughout the neighborhood with access to the beach and water. The project site is not located adjacent to a coastal view road or coastal viewpoint identified by Local Coastal Program maps. The project site may be located within the viewshed of distant public viewing areas; however, the project will replace an existing residential duplex with a new single-family residence that complies with all applicable Local Coastal Program (LCP) development standards. It will also maintain a building envelope consistent with the existing and anticipated neighborhood pattern of development. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment. The Class 3 exemption includes the construction and location of limited numbers of new, small facilities or structures. The proposed project is the demolition of an existing residential duplex and construction of a new 3,477-square-foot, single-family residence and attached two -car garage. PUBLIC NOTICE Notice of this application 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 0 Fluter Residence (PA2019-140) Zoning Administrator, August 29, 2019 Page 5 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: This action shall become final and effective 14 days following the date the Resolution is 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 Program 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. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: is Schu lei P nning Consultant RU/Is Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans 5 Attachment No. ZA 1 Draft Resolution 0 RESOLUTION NO. ZA2019-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-034 TO DEMOLISH AN EXISTING RESIDENTIAL DUPLEX AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE LOCATED AT 1808 AND 1808 '/z WEST OCEAN FRONT (PA2019-140) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by William Guidero, with respect to property located at 1808 and 1808'/2 West Ocean Front, and legally described as Lot 5, Block 18, Tract 515 requesting approval of a coastal development permit. 2. The applicant proposes to demolish an existing residential duplex and construct a new 3,477-square-foot, single-family residence with an attached 626-square-foot, two -car garage. 3. The subject property is located within the RM (Multiple -Unit Residential) Zoning District and the General Plan Land Use Element category is RM (Multiple -Unit Residential). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RM-E (Multiple -Unit Residential) (30.0-39.9 DU/AC) and the Coastal Zone District is RM (Multi -Unit Residential). 5. A public hearing was held on August 29, 2019 in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt 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. 2. Class 3 includes the construction of a single-family residence in a residential zone. The proposed project includes the demolition of an existing residential duplex and construction of a new 3,477-square-foot, single-family residence with an attached 626- square-foot, two -car garage. Zoning Administrator Resolution No. ZA2019-### Paqe 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (Coastal Development Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: The proposed structure conforms to all applicable development standards including, but not limited to, floor area limitation, setbacks, height, and parking: a. The maximum floor area limitation is 4,120 square feet and the proposed gross floor area is 4,103 square feet. b. The proposed development will provide the required setbacks, which are 7 feet along the front property line abutting the beach, 3 feet along the side property lines, 0 feet along the rear property line abutting the alley, and 10 feet minimum from the rear property line to the garage face. C. The highest flat roof is no more than 28 feet, measured from the established grade level of 10.49 feet North American Vertical Datum of 1988 (NAVD 88) and the highest roof ridge is no more than 33 feet, measured from the established grade, which complies with the maximum height limitation. The project includes enclosed garage parking for two vehicles, which complies with the minimum two -space parking requirement for single-family residences with less than 4,000 square feet of livable floor area. 2. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development consistent with applicable development standards as the neighborhood is predominantly developed with two-story, single- and two-family residences. Some newer structures incorporate a partial third -story. 3. A Coastal Hazards and Wave Runup Study was prepared for the project by GeoSoils, Inc., dated June 26, 2019. The report concludes that the long-term shoreline erosion rate is small, if any long-term erosion occurs at all. Assuming a conservative future erosion rate of 150 feet of retreat over the life of the structure, beach width will not be reduced to less than 350 feet in nominal width. A beach width of 200 feet is recognized by coastal engineers as sufficiently wide to protect landward development. The GeoSoils study also concludes that coastal hazards will not impact the property over the next 75 years and there is no anticipated need for a shore protection device over the life of the proposed development. 0 Zoning Administrator Resolution No. ZA2019-### Paqe 3 of 8 4. Pursuant to Newport Beach Municipal Code (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. 5. The finished floor elevation of the first habitable floor of the proposed structure is 14.00 feet North American Vertical Datum of 1988 (NAVD 88), which exceeds the minimum 9.0- foot (NAVD 88) elevation standard for new structures and exceeds the minimum requirements for sea level rise (10.1 feet NAVD 88). 6. 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 the CBC prior to building permit issuance. 7. A post -construction drainage system will be installed that includes drainage and percolation features designed to retain dry weather and minor rain runoff on -site to ensure the project does not impact water quality. Any water not retained on -site is directed to the City's storm drain system. 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. No water quality impacts to coastal waters are anticipated based upon the location and elevation of the property. 9. New landscaping will be verified for compliance with NBMC Section 21.30.075 (Landscaping). A condition of approval is included that requires 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. 10. The property is not located near coastal view roads and is not located near any identified public viewpoints; therefore, the project will not negatively 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. 0 Zoning Administrator Resolution No. ZA2019-### Paqe 4 of 8 Facts in Support of Finding: The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public's ability to gain access to use and/or view the coast and nearby recreational facilities. The proposed residential development neither provides nor inhibits public coastal access. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project's impact and be proportional to the impact. In this case, the project includes the replacement of an existing two-story residential duplex with a new three-story, single-family residence. The project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. 2. The project is designed and sited so as not to block or impede existing public access opportunities and occurs within the confines of private property. Existing coastal access conditions will not be affected by the proposed development. Coastal access is currently provided and will continue to be provided by street ends throughout the neighborhood with access to the beach and water. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby finds this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2019-034, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 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 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 29TH DAY OF AUGUST, 2019. Rosalinh Ung, Zoning Administrator 10 Zoning Administrator Resolution No. ZA2019-### Paqe 5 of 8 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. Coastal Development Permit No. CD2019-034 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 5. Prior to the issuance of 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 to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns. 6. Prior to the issuance of a building permit, the property owner shall sign 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 against 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, judgements, 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. The letter shall be scanned into the plan set prior to building permit issuance. 7. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. 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. 11 Zoning Administrator Resolution No. ZA2019-### Paqe 6 of 8 9. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined should they determine 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. 10. Prior to the 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. 11. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 12. 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. 13. 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. 14. This Coastal Development Permit does not authorize any development seaward of the private property. 15. Construction staging, storage and/or access is not allowed to occur on or from the adjacent sandy beach. 16. The applicant is responsible for compliance with the Migratory Bird Treaty Act. In compliance with the (MBTA), grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 12 Zoning Administrator Resolution No. ZA2019-### Paqe 7 of 8 17. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 18. 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. 19. Prior to issuance of a building permit, the applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 20. 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. 21. 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. 22. Prior to issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 23. 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 as far away from storm drain systems or receiving waters as possible. 24. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stockpiles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 25. At such time as directed by the City or the California Coastal Commission, the applicant shall agree to and cooperate with the removal of any development not in compliance with and authorized by Appendix C (Oceanfront Encroachment Policy Guidelines) of the certified Local Coastal Program seaward of the rear property line within a prolongation of the side property lines of the subject property. 26. 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 13 Zoning Administrator Resolution No. ZA2019-### Paqe 8 of 8 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 Fluter Residence including, but not limited to, Coastal Development Permit No. CD2019-034 (PA2019-140). 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. M Attachment No. ZA 2 Vicinity Map 15 VICINITY MAP s f Coastal Development Permit No. CD2019-034 PA2019-140 1808 and 1808'/z West Ocean Front 10 Attachment No. ZA 3 Project Plans 17 CONSTRUCTION NOTES: rzrown arf ABBREVIATI GNS Oca O —f hgn un rnwE v°fopu1°"s' x °w""HEE ..�w �I,r�y,ySnd,f"r`;rtl'Po El MI, xmonxc ct �cas.wcacrn.a.rt wab°:xfff Qa vmmfc°fii�la.�i� as'2w .o OIE e -ru.i noe sO_ sx011 i Oa rca .00 nuw er.xvxn m a EARTHWORK EIE „v ry U rnI- naon Ili I - lua.lm enws.no I.+slm' Q I Ica. f I I fsse — — .ra y R e e Imo` —f^— �,.1 �1J U� ❑ I Q o-mm.uIE r. S� - 9 nm s z �— GARAGE/jTJ— 8 r a ICJ_ LL T 2 IR E. E. ISO w 3 E�_ No- 1212 �� E � e., � � L 1 fie. s. E n.� -1 O� kl ��„vl __ 1 LJ __�1_1 _1_� aw..mry �: _ O'NxfA/OEAWPER. newcwre�o..cnerz® vflva4 aprfit ` s.qunsr.. w¢ wE SMGxaErz/6EMOG5T: Xc '� wrvacxcrmmree... sEcwm PRECISE GRApING PUN 1800 W OCEANFRONT NEWPORT BEACH. CALIFORNIA ET' CP n c v s a v x •/�e w w. BIMPFACTINSFEEN 41 o -�U— ©ta .N �o "W g,N,, EaosloN CONTapL RpD nervawrertw.cnee® smv� oc nrvacxcrrvmrecnc �CpN6TPVGiION POLLViION PREVENTON PNN) C'4 I�x 18 »SIN ° ) +eoaw opeAry Feorvi xv :u.c n T v s « c Art. r/�s/�e 'Agaa� —.ANI ME MATE NEWPORT II CALIFORNIA 1J KNOINATINN T. I aoa c� a �;�, i�I „ » N,o--- --- _ - - - ` .L. w T4—' mii&rz I OMPHIC SMM NO NO p .� G+�.G�os/�3s "T. ) LINE NO, `a rs IT —Ur NIN is a)rs �/ rs w E rmL' III 1 ' 14 II I �m _ 18TH —F STREET + - NI NOTION INNONINNNNN­ M a � 2 z w o ¢in U a zin Q Q U Co Uw v 0 0m� 0 a m0 0 m3 z 20 m x 54 Y `x(I ❑ e 4 I M9ae4 aem ❑. u o ---- MAIN FLOOR FLAN N lO" 3B' S9" E 102.72' I n 00 "----'�-O g i II III �� �� ,�.M• O II II i i i I I ly I I � l I EN9L[ P II i i i i z �y �,. � I�� w I I I ,� J II II Iii ii `----' `---- L' LI I — - __- w•a.. __ :. fi J J II3 Q I II II I I I n o I II II II I I II�IQ ��WW 4t/ t/x BR ------------- AVERAGE NATURAL GRADE CALCULATIONS AREA GALGULATIONS LEGAL DESCRIPTION B-1 ni acnla¢s --M bIILOA6lE L,T-. AREA. qS"S x •"` •tns ix =ion nne�xnvuew.ce MAIII .,orwe Al'-111e, , 6121 se. IT CO ,¢wrroEx o. suo ccwm. LOWER FLOOR LIVIN6. 310 Ea. Fi. nnw gOos I41 sa.I Lll LIVINb. 46 'y' FT. (z'h' X z0 s 45 � A Avl PO:AL LI I?Ib AREA. 3411 W. F: ®NORTH .o. UILvlsb s v-. LOWER FLOOR PLAN ODI AC A. - 76103 v_AE, l4' = r-o- uarxLs - REmIRED 22 P— — — — — — — — — — — — — — — — — — — --------- - — — — — — — — — — — o -0 3 � I n I I I d Ncz,« ROOF PLAN IFIF — mK I I 9 I I I I _________________ ___ ___________„ II >I II i I { III IIII El �' ------ -- — — ----- — ro, F I . a I -------- -------------- --------------------------------- -------------------------- UPFER FLOOR PLAN 22 t Y y - Fig it w eu - . iOL 1 DI r _ II— J , i ')4a 1 ���T *Try) rti� ram, T 23 �—/K—P%GMEIY �oj �i wns� em�nnxz P^PEY- +vSsq wircp EST SHnKR cad �_ Ip ��iy �y/� -h-- /�mJBLI� I�i UYEi'z f°fEF WN�iE WMN6i F4c{� Rig✓ HEIGHT-. :H.49� fIN _[ u y (E[[e 5GUTi ! a �6 SMmll TFc>,iEAL�I PLb TGR W�toi Yl'.pEP I Ci 24 7T -1 444 jQ FT LIVIN& g4550. FT OOVERED p DECK - - 223 50. FT. C COVERE D DEOK C = - 2-5 FT. DECK lab 5 . FT. OPEN DEOK a - - - - tAREA GALGULATIONS ---.wp, ro LIZ W. UPPER FLOOR j— — — — — — — — — — — — — — — — — — — — AREA CALCULATION PLAN.. o MAIN FLOOR AREA GALGULATION PLAN LONE.¢ FLOOR AREA GALGULATION PLAN 25 REVISED SQUARE FOOTAGE SUBMITTED BY APPLICANT (65 SQ FT ADDED TO SECOND LEVEL, 23 SQ. FT. TO GARAGE) NO CHANGE TO ARCHITECTURAL MASSING Zoning Administrator - August 29, 2019 Item No. 3a Additional Materials Received Fluter Residence CDP (PA2019-140) RESOLUTION NO. ZA2019-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-034 TO DEMOLISH AN EXISTING RESIDENTIAL DUPLEX AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE LOCATED AT 1808 AND 1808 '/ WEST OCEAN FRONT (PA2019-140) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by William Guidero, with respect to property located at 1808 and 1808 Yz West Ocean Front, and legally described as Lot 5, Block 18, Tract 515 requesting approval of a coastal development permit. 2. The applicant proposes to demolish an existing residential duplex and construct a new ,3.548-square-foot, single-family residence with an attached 649-square-foot two -car Deleted: 3,477 garage. I Deleted: 626 3. The subject property is located within the RM (Multiple -Unit Residential) Zoning District and the General Plan Land Use Element category is RM (Multiple -Unit Residential). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RM-E (Multiple -Unit Residential) (30.0-39.9 DU/AC) and the Coastal Zone District is RM (Multi -Unit Residential). 5. A public hearing was held on August 29, 2019 in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt 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. 2. Class 3 includes the construction of a single-family residence in a residential zone. The proposed project includes the demolition of an existing residential duplex and construction of a new 548-square-foot, single-family residence with an attached_49- Deleted: 3,477 square -foot, two -car garage. Deleted: 626 REVISED SQUARE FOOTAGE SUBMITTED BY APPLICANT (65 SQ FT ADDED TO SECOND LEVEL, 23 SQ. FT. TO GARAGE) NO CHANGE TO ARCHITECTURAL MASSING Zoning Administrator - August 29, 2019 Item No. 3a Additional Materials Received Fluter Residence CDP (PA2019-140) SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (Coastal Development Permits) 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 structure conforms to all applicable development standards including, but not limited to, floor area limitation, setbacks, height, and parking: a. The maximum floor area limitation is-4.320 square feet and the proposed gross Deleted: 4,120 floor area is 4 197 square feet. _ - Deletea:4.103 b. The proposed development will provide the required setbacks, which are 7 feet along the front property line abutting the beach, 3 feet along the side property lines, and 0 feet along the rear property line abutting the alley,. C. The highest flat roof is no more than 28 feet, measured from the established grade level of 10.49 feet North American Vertical Datum of 1988 (NAVD 88) and the highest roof ridge is no more than 33 feet, measured from the established grade, which complies with the maximum height limitation. d. The project includes enclosed garage parking for two vehicles, which complies with the minimum two -space parking requirement for single-family residences with less than 4,000 square feet of livable floor area. 2. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development consistent with applicable development standards as the neighborhood is predominantly developed with two-story, single- and two-family residences. Some newer structures incorporate a partial third -story. 3. A Coastal Hazards and Wave Runup Study was prepared for the project by GeoSoils, Inc., dated June 26, 2019. The report concludes that the long-term shoreline erosion rate is small, if any long-term erosion occurs at all. Assuming a conservative future erosion rate of 150 feet of retreat over the life of the structure, beach width will not be reduced to less than 350 feet in nominal width. A beach width of 200 feet is recognized by coastal engineers as sufficiently wide to protect landward development. The GeoSoils study also concludes that coastal hazards will not impact the property over the next 75 years and there is no anticipated need for a shore protection device over the life of the proposed development. Deleted: , and 14 feet minimum from the rear property line to the garage face Zoning Administrator -August 29, 2019 Item No. 3b Additional Materials Received Fluter Residence CDP (PA2019-140) August 29, 2019, Zoning Administrator Agenda Comments Comments submitted by: Jim Mosher (limmosher(o.yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 3. Fluter Residence Coastal Development Permit No. CD2019- 034 (PA2019-140) Development Density Problem With ever-increasing demand for housing in the state, including near the coast, the California Coastal Commission has been calling increasing attention to concentrating dwelling units in the areas that have already been designed to accommodate them. As indicated on the staff report's cover page, in the Coastal Land Use Plan the subject property is in a block designated for the highest density of multiple -unit development: RM-E (30.0-39.9 du/ac). It is surrounded by areas planned for the lower density of 20.0 — 29.9 du/ac: RSD-D on the west and RT-D on the north and east. The City's GIS database lists 1808/1808'h West Ocean Front as �f 2 having an area of 3,076 sq. ft. or 0.0706 acres. Hence, the present duplex provides a density of 28.32 du/ac, which is close to the designated range. Replacing that with a single dwelling unit, as is proposed, produces a density on this multiple -unit designated lot of only 14.16 du/ac — far below the planned density, even for the surrounding lower density areas. City staff has formerly argued: (1) that the density specifications certified in our CLUP are only general guidance meant to apply to larger areas and not to individual lots; and (2) that since in the Implementation Plan the Coastal Commission certified single family dwellings as a permitted use in all RM zones, densities below the range specified in the CLUP must be acceptable. The latter argument can be disposed of in the following way: The certification of single family residences as a permitted use in the IF can be understood as allowing their construction when (and only when) such construction achieves the density of residential development anticipated in the CLUP (which, in the present case might involve building two detached SFR's on the lot, rather than one). Such an interpretation honors the idea that the CLUP is supposed to be the controlling document. As to the former argument, even with the existing duplex at 1808/1808'/2, this RM-E block viewed as a whole is already below the density specified in the CLUP. From the City's GIS data, Zoning Administrator -August 29, 2019 Item No. 3b Additional Materials Received Fluter Residence CDP (PA2019-140) August 29, 2019, Zoning Administrator Item 4 comments - Jim Mosher Page 2 of 2 its total area is 46,109 sq. ft., or 1.059 acres, and it appears to have 26 dwelling units' for an overall density of 24.6 du/ac. Allowing the duplex at 1808/1808Yz West Ocean Front to be replaced with a single dwelling unit would lower the overall density on the block from an already -too -low number to the even lower number of 23.6 du/ac. Such an approval would be contrary to the policy guidance certified in the CLOP. Development Standards Inconsistencies Since the initial posting of this item, supplemental materials of unknown origin (from staff or applicant?) have been added proposing to change certain numbers in the resolution, without any explanation other than "REVISED SQUARE FOOTAGE SUBMITTED BYAPPLICANT (65 SQ FT ADDED TO SECOND LEVEL, 23 SO. FT TO GARAGE) NO CHANGE TO ARCHITECTURAL MASSING" It is unclear why the "square footages" changed. Are the numbers on the plans wrong? Or are there new plans? In either case, since the resolution would approve the "site plan, floor plans and building elevations stamped and dated with the date of this approval," where are the revised documents? The supplement also proposes, on page 2, to change the "maximum floor area limitation" from 4,120 to 4,320 sq. ft. (in contradiction to what is shown in Table 1 on page 2 of the staff report). This is apparently adding to the basic Floor Area Limit 200 sq. ft. for a required enclosed parking space as dictated by Footnote (3) to Table 21.18-4 in the IP. However: According to Table 21.40-1, Single -Unit Dwellings of 4,000 sq. ft. or less require 2 spaces in a garage, so shouldn't the parking allowance by 400 sq. ft.? 2. Moreover, the starting number of 4,120 is wrong. This seems to be taken from the applicant's "Area Calculations" (staff report handwritten page 25), which says "Buildable Lot Area: 95.72' x 24' = 2,297 sq. ft." and then multiplies that by 1.75 to obtain "4,120." However, 2,297 x 1.75 = 4,020 not 4,120, which makes one wonder if the other calculations shown on that sheet are equally flawed. In addition, Table 1 on page 2 of the staff report seems to present a confusing mix of R-1 and RM zoning standard taken from the Zoning Code rather than the LCP IP. In particular, the stated "Allowable 3rd Floor Area" and "Open Volume Area" standards seem to be taken from NBMC Sec. 20.48.180 ("Residential Development Standards and Design Criteria"), which, by its own terms, does not apply to RM zoning districts. This is particularly confusing when the City is publicly discussing the possibility of applying R-1 development standards to single-family construction in RM zones (such as the present application), but has not yet enacted any such changes. 1 1810 West Ocean Front, the property adjacent to the subject one, has a Certificate of Occupancy for a "congregate care"/residential care facility with 27 residents and 22 employees. By the definitions in the LCP that appears to be regarded as a single "dwelling unit" (given what one assumes is a common entrance and kitchen facility). 1822, 1824 and 1826 West Ocean Front appear to have been combined as 1 dwelling unit in an 11,157 sq. ft. area where 9 would be allowed by the 1,200 sq. ft./du minimum of the IF. Zoning Administrator - August 29, 2019 Item No. 3c Additional Materials Received Fluter Residence CDP (PA2019-140) Revised table, prepared by staff on August 29, 2019, in response to public comments received: Table 1 — Development Standards Development Standard Standard Setbacks min. Front 7 feet 7 feet Side 3 feet each 3 feet each Rear 0 feet 7 feet to ara e Allowable Floor Area 4,420 square feet 4,197 square feet Allowable 31 Floor Area No maximum 444 square feet Open Volume Area 345 square feet 559 square feet Parking 2 enclosed 2 enclosed Height 28-foot flat roof 33-foot sloped roof 28-foot flat roof 33-foot sloped roof Zoning Administrator -August 29, 2019 Item No. 3d Additional Materials Received (Original and Revised Floor Plan) Fluter Residence CDP (PA2019-140) El o - - ISSUE= all AVERAGE NATURAL GRADE OALOULATION5 AREA GALCA&ATION5 LEGAL DESCRIPTION f4 rIXam—n BIIL�PGLE LW A�.� 9'v.-11'%N' v 3j4f 1J. Ft wa4��Swwanxr aw.x �bm.nP%.EWA�PPoTP6l KLC✓1P%E. 11� «ua+vtcamwvmwrn me MAN RWRLIV,Hbr . 1.115 Yl. vT. TOl LI1N6 PRJa SRT 5(J. wi. X • ) ©' �' LOWER FLOOR PLAN bxe. va�. r-o• OPEV SPM Af@A. 3�91 X IS a 9.65 b FT. R[IDll� OPEN SPPLE vROJIL4� . 9% b. FT. (Original and Revised Floor Plan) z v I AVERAdE NATURAL GRADE GA CUL< 14)cwEw _ u�rc', +BSR— Zoning Administrator - August 29, L�0 5CD Item No. 3d Additional Materials Recei Fluter Residence CDP (PA2019-140 MAIN FLOOR PLAN LOWER FLOOR PLAN