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HomeMy WebLinkAbout24 - Denying a Request to Waive City Council Policy L-2, Driveway Approaches, at 106 and 110 Sonora Street - Amended Pages#2q - 5 /i2I 220 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING REQUEST TO WAIVING€ CITY COUNCIL POLICY L-2 (DRIVEWAY APPROACHES) AND APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-007 TO ALLOW THE DEMOLITION OF AN EXISTING DUPLEX AND ��T//++HE CONSTRUCTION OF AT NEW DUPLEX � SUBJECTT TO ,r�YtODIFIC F'i-�ION OF THE PRO iEC TO O PROVIDE VEHICULAR ACCESS FROM TUCi n- .FOR THE PROPERTIES LOCATED AT 106 AND 110 SONORA STREET (PA2019-029) WHEREAS, an application was filed by Brion Jeannette Architecture representing property owner Emmanuel Shaoulian ("Applicant"), with respect to the property located at 106 and 110 Sonora Street, in the City of Newport Beach, and legally described as the northwesterly 48 feet of Lots 7, 8, and 9 in Block L of the Seashore Colony Tract, as shown on a map thereof recorded in Book 7, Page 25 of Miscellaneous Map in the office of the County Recorder of said County ("Property"); WHEREAS, the Applicant requests a coastal development permit and waiver of City Council Policy L-2 (Driveway Approaches) ("Council Policy L-2") for the demolition of an existing two-story duplex and the construction of a new 5,244 -square -foot, three-story duplex, which includes a single -car garage and a single -car carport for Unit A, a two -car garage for Unit B, and a 2,685 -square -foot subterranean basement with vehicular access proposed from Seashore Drive ("Project"); WHEREAS, the Property is designated Two Unit Residential (RT) by the City of Newport Beach General Plan ("General Plan") Land Use Element and is located within the Two -Unit Residential (R-2) Zoning District, WHEREAS, the Property is located within the Two -Unit Residential (R-2) Coastal Zoning District and the City of Newport Beach Local Coastal Program Coastal Land Use Plan ("Coastal Land Use Plan") category is Two Unit Residential - 30.0 — 39.9 DU/AC (RT -E); WHEREAS, while the Zoning Administrator is the reviewing authority for coastal development permits, since the Applicant requests waiver of City Council Policy L-2 (Driveway Approaches), both the coastal development permit and application of Council Policy L-2 are decided by the City Council pursuant to Footnote 6 of Section 21.50.020 (Authority for Decisions) of the NBMC; and Resolution No. 2020 - Page 2 of 8 WHEREAS, a telephonic public hearing was held on May 12, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID 19. A notice of time, place and purpose of the hearing was given in accordance with the Ralph M. Brown Act and Chapter 21.62 (Public Hearings) of the NBMC. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1, The City Council finds the adoption of this resolution is categorically exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Class 3 exempts the construction of limited numbers of new, small structures, including a duplex. The Project replaces an existing duplex with a new duplex in the R-2 (Two -Unit Residential) Zoning District. Section 2: The City Council does hereby deny the re ;ues+waive City Council Policy L-2 (Driveway Approaches) and approves Coastal Development Permit No. CD2019-007aGGeSShe44eyway and --subject to the conditions of approval attached as Exhibit "A" and incorporated herein by reference. The City Council's decision is made in accordance with Section 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the NBMC and City Council Policy L-2 (Driveway Approaches) and is supported by the following facts and findings.- Coastal indings: Coastal Development Permit A coastal development permit is required to authorize the demolition of an existing duplex and the construction of a new 5,244 -square -foot, three-story duplex. In accordance with Section 21.52.015(F) (Coastal Development Permit — Findings and Decision) of the NBMC, the following findings and facts in support are set forth herein: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Project complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. Resolution No. 2020 - Page 3 of 8 a. The maximum floor area limitation is 5,613 square feet and the proposed floor area is 5,244 square feet. Per Section 21.18.030 of Title 21, the floor area of a subterranean basement is not included in the calculation of total gross floor area. b. The Project complies with the required setbacks, which are five (5) feet along the property line abutting Ocean Front Alley and four (4) feet along each side property line. There is no required setback along the property line abutting Seashore Drive. c. The highest guardrail/parapet is 24 feet from established grade and the highest ridge is 29 feet from established grade. The Project complies with all height requirements. d. The Project provides a two -car garage, a single -car garage, and a covered carport, meeting the minimum parking requirement for a duplex. e. The Project exceeds the minimum nine (9) feet (North American Vertical Datum of 1988) top of slab elevation requirement for interior living areas of new structures. 2. The neighborhood is predominantly developed with two- and three-story single- family residences and duplexes. The design, bulk, and scale of the Project is consistent with the existing neighborhood pattern of development and expected future development. Resolution No. 2020 - Page 4 of 8 3. H^weve ;-tThe Project is designed to have vehicular access from Seashore Drive. The existing duplex provides two (2) garage parking spaces with access from ac -cess --the alley and one (1) non -conforming parking space with access from Sonora Street. Section 21.40.070(B) requires the design of development on lots or parcels with alley access to provide vehicular access by the abutting alley. Section 21.40.070(B) authorizes the reviewing authority to grant an exception on lots such that access to onsite parking spaces is accessed by the abutting alley, except where the width of the abutting alley is not sufficient to provide maneuvering space for access, or where the provision of access by abutting streets would not result in the loss of existing on -street parking spaces or prevent the creation of new on -street parking spaces by the closure of existing curb cuts. The Project does not result in the loss of existing on -street parking spaces, nor does it prevent the creation of new on -street parking spaces, since a red curb exists on both the Seashore Drive and Sonora Street frontages. blGGk ,and I mpede publiG aGGess, 6iRGe Seashore Drive is a heavily tFaveled read fefas d- 4. The Property is located in an area known for the potential of seismic activity and liquefaction and is required to comply with the California Building Code ("CBC") and City's Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 5. The development is set back approximately 700 feet from the mean high tide line of the ocean. Due to the large distance from coastal waters, a Water Quality Management Plan is not required. A Construction Pollution Prevention Plan was provided to implement temporary Best Management Practices during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived by construction chemicals and materials. A post -construction drainage system will be installed that includes drainage and percolation features designed to retain dry weather and minor rain run-off 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. 6. Proposed landscaping complies with Section 21.30.075 (Landscaping) of the NBMC. A condition of approval is included that requires drought -tolerant, and Resolution No. 2020 - Page 5 of 8 prohibits invasive species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 7. The Property is located between the nearest public road and the sea or shoreline of any body of water located within the Coastal Zone. This is approximately 90 feet from a public beach, with views oriented towards the Pacific Ocean. An investigation of the Property and surrounding area did not identify any other public view opportunities. The Project will replace an existing duplex with a new duplex home that complies with all applicable Local Coastal Program (LCP) 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. Findinq: 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 is located in West Newport between the nearest public road and the sea. Seashore Drive is identified as a means of lateral access to the ocean under the Coastal Land Use 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. The Property is located approximately 90 feet from a public beach, as identified by the Coastal Land Use Plan. The end of Sonora Street is also identified by the Coastal Land Use Plan as a public beach access point. In this case, the Project replaces an existing duplex with a new duplex. 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. HewFryoeF, as M MW Resolution No. 2020 - Page 6 of 8 2. The Project, as proposed, deer--RGt GGFnPy—complies with Section 21.30A.030(B)(2) (Protection and Provision of Public Access Required) of the NBMC. Section 21.30A.030(B)(2) requires new development to improve, expand or enhance existing public access to and along the shoreline and to beaches, coastal waters, tidelands, coastal parks, and trails. The Property does not front or abut the shoreline or the beaches and Seashore Drive where vehicular access is proposed, is a lateral access point to the ocean. Additionally, the Project would remove an existing non -conforming parking space on Sonora Street which is identified by the Coastal Land Use Plan as a public beach access point Therefore providing vehicular access from Seashore Drive lmnrnven;eRty or onhanG8ments would not inhibit public access and elimination of the existing non -conforming parking space on Sonora Street would improve public access _to and along the shoreline, beaches, coastal parks,, trails, or coastal bluffs. _Seasher heavily is a heav traveled street ler ngGtGr4 ts7 YnliGtS_anpedovtr" fans -and serves as a assessf-�r^MSeasher �('S,mss trim, and is r theref�—i is with ec+GttR vehiGWIaF aGGess from the ally, as i 3. Facts 3 and 4 in Support of Finding A are hereby incorporated by reference. City Council Policy L-2 (Driveway Approaches) Findings: City Council Policy L-2 prohibits new street curb openings on new residential developments that abut an alley, and further require all vehicular access from the alley except where: 1) existing utility conditions cannot be removed or relocated and thus prevent alley access and one additional covered non -tandem off-street parking space beyond code required is being provided, or 2) one additional covered non -tandem off- street parking space beyond code required is being provided and the project would not result in a loss of on -street parking. Fact in Support of Finding_ The Drniont ..c. nr w4h-1. An exception to Council Policy L-2 does not applyse 4:41;a�-the Project does not have existing utilities that preclude alley access, and no additional Resolution No. 2020 - Page 7 of 8 parking space beyond the code required four (4) spaces (twos per unit) are proposed, IGGated GR Seashore However, it is within the City Council's discretion to waive Council Policy L-2. 2. Multiple properties currently provide vehicular access from Seashore Drive instead of the alley. There are currently 22 other properties along Seashore Drive from Colton Street to Olive Street in the vicinity. Staff has reviewed these properties and determined that six (6) of the properties are not adjacent to an alley and therefore require access from Seashore Drive or the adjacent side street. Nine (9) properties do not take access from the alley but will be required to comply with Council Policy when re -developed with new construction. The remaining seven (7) other properties along this segment of Seashore Drive provide access from the alley consistent with Council Policy L-2 (Driveway Approaches). - P9'iG�Y L 2 ;s- 'nGensisteRt with the PGIiGY goal as it peFtains- te Seashore Drive. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. Resolution No. 2020 - Page 8 of 8 Section 6: Final action taken by the City may be appealed to the Coastal Commission in accordance with Section 21.64.035 (Appeal to the Coastal Commission), Section 13118 of the California Code of Regulations Title 14, Division 5.5, Chapter 7 and California Public Resources Code Section 30603. ADOPTED this 12th day of May, 2020. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Attachment(s): Exhibit A — Conditions of Approval EXHIBIT "A" CONDITIONS OF APPROVAL 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 3-.2.. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 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. 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. 6. 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. 8-:7. Prior to the issuance of building permits, the applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. .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. 4-0-.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 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 i 1 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit. 41-10. 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. 4-2711. Prior to the issuance of building permits, the applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 4-3-12. 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. 44-.13. 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. 4-14. 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, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 415. 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 MBIA: 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. V\/hen 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. 416. Best Management Practices and Good Housekeeping Practices shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 4-x-17. 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. 4$18. 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. 2-0--.1c 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. 24-.20. 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. 2-2-.2 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. 24722. This Coastal Development Permit No. CD2019-007 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. 2423 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, cones, 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 Shaoulian Duple: including, but not limited to, Coastal Development Permit No. CD2019-007 (PA2019-029). 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.