HomeMy WebLinkAbout12_315 East Bay Avenue Residential Demolition CDP_PA2019-219 CQCO
CITY OF NEWPORT BEACH
r ZONING ADMINISTRATOR STAFF REPORT
November 14, 2019
/ Agenda Item No. 12
SUBJECT: 315 East Bay Avenue Residential Demolition (PA2019-219)
Coastal Development Permit No. CD2019-052
SITE LOCATION: 315 East Bay Avenue, Units A, B, C and D
APPLICANT: East Newport, LLC
OWNER: East Newport, LLC
PLANNER: Liane Schuller, Planning Consultant
949-644-3200, Schuller@newportbeachca.gov
LAND USE AND ZONING
• General Plan: RT (Two-Unit Residential)
• Zoning District: R-2 (Two-Unit Residential)
• Coastal Land Use Category: RT-E (Two-Unit Residential) (30-39.9 DU/AC)
• Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
A request for a coastal development permit to demolish an existing nonconforming
residential fourplex. No new structures are proposed at this time.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) 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. CD2019-052 (Attachment No. ZA 1).
1
315 East Bay Avenue Residential Demolition (PA2019-219)
Zoning Administrator, November 14, 2019
Page 2
DISCUSSION
• The subject site is an inland property located along the south side of East Bay
Avenue between Fernando and Cypress Street. The site is currently developed with
a single structure containing four residential units.
• The existing fourplex is built across two underlying lots, effectively merging the
property into a single building site. As the R-2 zone limits a single building site to a
maximum density of two residential units, the existing fourplex is a nonconforming
development. Once the existing fourplex is removed, the property will revert to two
separate building sites, each of which may be developed with a maximum of two
residential units.
• Any future development on the subject site will be required to comply with all current
development standards, including minimum required onsite parking standards.
• This coastal development permit does not include the construction of any new
structures. Any future development on the subject site will require the approval of
separate entitlements in compliance with all applicable City standards, including the
City's Local Coastal Program.
• All demolition activities will occur within the project site, and conditions of approval
are included to ensure demolition materials and equipment are stored within the
confines of the private property. Public access along the public right-of-way will not
be impacted by the project.
• The project addresses water quality with a demolition plan that includes erosion
control measures 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.
• 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 and
Building Division standards and policies.
• The project site is located between the nearest public road and the sea or shoreline.
Newport Beach Municipal Code (NBMC) Implementation Plan Section 21.30A.040
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 involves demolition of an existing residential fourplex. No new
development is proposed at this time. 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. Demolition activities will be contained within the
confines of private property so as not to block or impede existing public access
opportunities.
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315 East Bay Avenue Residential Demolition (PA2019-219)
Zoning Administrator, November 14, 2019
Page 3
The proposed demolition is exempt from the provisions of NBMC Chapters 20.34
and 21.34 (Conversion or Demolition of Affordable Housing) which implement the
Mello Act. In October 2019, the City completed a land use inventory and it was
determined that 17.36 acres (aggregate)of potentially vacant land were available for
residential development which is less than the 50-acre (aggregate) applicability
threshold established by the Mello Act and the NBMC.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
Class 1 (Existing Facilities) exempts the demolition of up to six dwelling units, whereas
the project includes the demolition of four units.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
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
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 e
P Wing Consultant
GRAB
315 East Bay Avenue Residential Demolition (PA2019-219)
Zoning Administrator, November 14, 2019
Page 4
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
4
Attachment No. ZA 1
Draft Resolution
5
RESOLUTION NO. ZA2019-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2019-052 TO DEMOLISH A
NONCONFORMING RESIDENTIAL FOURPLEX LOCATED AT
315 EAST BAY AVENUE, UNITS A, B, C AND D (PA2019-219)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by East Newport, LLC, with respect to property located at 315 East
Bay Avenue, Units A, B, C and D, requesting approval of a coastal development permit.
2. The property at 315 East Bay Avenue is legally described as Lots 10 and 11 of Tract 510.
3. The applicant requests a coastal development permit to demolish an existing
nonconforming residential fourplex. No new structures are proposed at this time.
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 R-2 (Two-Unit Residential) (30.0-39.9 DU/AC) and it is located within the R-2
(Two-Unit Residential) Coastal Zone District.
6. The proposed demolition is exempt from the provisions of Newport Beach Municipal Code
(NBMC) Chapters 20.34 and 21.34 (Conversion or Demolition of Affordable Housing)
which implement the Mello Act. In October 2019, the City completed a land use inventory
and it was determined that 17.36 acres (aggregate) of potentially vacant land were
available for residential development which is less than the 50-acre (aggregate)
applicability threshold established by the Mello Act and the NBMC.
7. A public hearing was held on November 14, 2019, 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.
1. This Project is categorically exempt from the California Environmental Quality Act
("CEQA") pursuant to Section 15301 under Class 1 (New Construction or Conversion of
Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3, because it has no potential to have a significant effect on the
environment.
Zoning Administrator Resolution No. ZA2019-####
Page 2 of 6
2. Class 1 (Existing Facilities) exempts the demolition of up to six dwelling units, whereas
the project includes the demolition of four dwelling units.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The subject site is an inland property not located adjacent to the water or beach. The
project design addresses water quality with a demolition plan that includes erosion
control measures 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.
2. 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 and
Building Division standards and policies.
3. This coastal development permit does not include the construction of any new structures.
Any future development on the subject site will require the approval of separate
entitlements in compliance with all applicable City standards, including the City's Local
Coastal Program.
Finding:
B. Conforms to 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.
Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline. NBMC
Implementation Plan Section 21.30A.040 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 involves demolition of a nonconforming
residential fourplex. No new development is proposed at this time. 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. Demolition activities will be
contained within the confines of private property so as not to block or impede existing public
access opportunities.
Zoning Administrator Resolution No. ZA2019-####
Page 3 of 6
2. All demolition activities will occur within the project site, and conditions of approval are
included to ensure demolition materials and equipment are stored within the confines of
the private property. Public access along the public right-of-way will not be impacted by
the project.
3. The existing development is nonconforming. Any future development on the subject site
will be required to comply with all current development standards.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act ("CEQK) pursuant to
Section 15301 under Class 1 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, 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. CD2019-052, 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 14TH DAY OF NOVEMBER, 2019.
James Campbell, Zoning Administrator
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Zoning Administrator Resolution No. ZA2019-###
Page 4 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
wetlands or their buffers.
3. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
4. This Coastal Development Permit does not authorize any development.
5. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
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.
6. 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 Demolition Plan.
7. 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.
9
Zoning Administrator Resolution No. ZA2019-###
Page 5 of 6
8. 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 sides, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
9. 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.
10. Revisions to the approved plans may require an amendment to this coastal development
permit or the processing of a new coastal development permit.
11. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. This Coastal Development Permit No. CD2019-052 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.
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
10
Zoning Administrator Resolution No. ZA2019-###
Page 6 of 6
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 315 East Bay Avenue Residential Demolition including, but not limited to,
Coastal Development Permit No. CD2019-052 (PA2019-219). This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attomeys'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.
11
Attachment No. ZA 2
Vicinity Map
12
VICINITY MAP
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Coastal Development Permit No. CD2019-052
PA2019-219
315 East Bay Avenue, Units A, B, C and D
23
Attachment No. ZA 3
Project Plans
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