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HomeMy WebLinkAbout20190613_Resolution_PA2019-062_PA2019-063Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL June 18, 2019 Caitlin Smith Brandon Architects 151 Kalmus Drive, Suite G-1 Costa Mesa, CA 92626 caitlin@brandonarchitects.com Subject: Coastal Development Permit No. CD2019-015, CD2019-016 and Tentative Parcel Map NP2019-004 (PA2019-062 and PA2019-063) at 400 and 402 South Bay Front (Waterpointe, LLC) It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on June 13, 2019 and is now within the required City appeal period until June 27, 2019. If no appeals are filed with the City, a Notice of Final Action will be mailed to the California Coastal Commission. Upon receipt of the notice by the Coastal Commission, the action will be subject to an additional 10-working-day appeal period. You may track status of the Coastal Commission appeal period via the following link: Statewide Appealable Projects PDF At the conclusion of both appeal periods, a building permit may be issued for the project. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, ls/RU RESOLUTION NO. ZA2019-043 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO. NP2019-004 AND COASTAL DEVELOPMENT PERMIT NO. CD2019-016, CREATING TWO PARCELS AND ALLOWING CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE ON PARCEL 1 AT 400 SOUTH BAY FRONT (PA2019-063) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brandon Architects (“Applicant”), on behalf of South Bayfront Waterpointe, LLC (“Owner”), with respect to property located at 400 South Bay Front, and legally described as Lot 1 in Block 7 of Section 1, Balboa Island, requesting approval of a tentative parcel map and a coastal development permit. 2. The Applicant proposes to subdivide an existing 5,180-square-foot parcel into two parcels and to construct a new 2,724-square-foot, single-family residence with an attached 464- square-foot, two-car garage on Parcel 1. 3. The subject property is located within the R-BI (Balboa Island) Zoning District and the General Plan Land Use Element category is RT (Two-Unit Residential). 4. The subject property is located within the coastal zone and has a Coastal Land Use Designation of Two-Unit Residential (RT-E) (30.0 - 39.9 DU/AC) and a Coastal Zoning District of Balboa Island (R-BI). 5. A public hearing was held on June 13, 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 meeting was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Class 15 (Minor Land Divisions) and under Class 3 (New Construction or Conversion of Small Structures). 2. The Class 15 exemption 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 proposed parcels are Zoning Administrator Resolution No. ZA2019-043 Page 2 of 12 consistent with the land use and zoning designations, do not have a slop e greater than 20 percent, and were not involved in the division of a larger parcel within two years. Therefore, the proposed parcel map is eligible for the Class 15 exemption. 3. The Class 3 exemption allows the construction and location of limited numbers o f new, small facilities or structures including one single-family residence in a residential zone. 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 Tentative Parcel Map and Coastal Development Permit is for a property within a developed neighborhood, on a lot that is not near any natural landforms including coastal bluffs, and is not within the proximity of any environmentally sensitive areas. 2. 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 3,188 square feet and the proposed gross floor area is 3,188 square feet. b. The proposed development will provide the required setbacks, which are zero feet along the front property line abutting the boardwalk, three feet along the side property lines, and five feet along the rear property line abutting the alley. c. The highest flat roof is no more than 24 feet, measured from the finished floor level of 9.00 feet North American Vertical Datum of 1988 (NAVD 88) and the highest roof ridge is no more than 29 feet, measured from the finished floor level, 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. 3. 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-family residences. Zoning Administrator Resolution No. ZA2019-043 Page 3 of 12 4. The property is an oceanfront lot that is separated from the ocean by a public boardwalk and City-owned concrete seawall/bulkhead. A Coastal Hazards and Sea Level Rise report, dated March 20, 2019, was prepared for the project by GeoSoils, Inc. The report concludes that, with the implementation of sea level rise (SLR) adaptation strategies (waterproofing of the structure and future raising of the City’s bulkhead), the proposed development will not be adversely impacted by potential coastal hazards over the next 75 years. No additional protective devices will be necessary to protect the proposed development. 5. 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. 6. The finished floor elevation of the first floor of the proposed structure is 9.00 feet (NAVD 88), which complies with the minimum 9.0-foot (NAVD 88) elevation standard for new structures. 7. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and the CBC prior to building permit issuance. 8. 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. 9. 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. 10. 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. Zoning Administrator Resolution No. ZA2019-043 Page 4 of 12 11. 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 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 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 construction of a new two-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 public boardwalk along the waterfront. The Zoning Administrator determined in this case th at the Tentative Parcel Map is consistent with the legislative intent of NBMC Title 20 (Planning and Zoning) and is approved based on the following findings per NBMC 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: 1. The Tentative Parcel Map is for the creation of two separate parcels, with one single - family residence to be constructed on each parcel. The proposed subdivision and improvements are consistent with the density of the R-BI Zoning District (Balboa Island) and current General Plan Land Use Designation (Two-Unit Residential). 2. The subject property is not located within a specific plan area. Zoning Administrator Resolution No. ZA2019-043 Page 5 of 12 3. The project is conditioned to require public improvements, including the reconstruction of drains, sidewalks, curbs, and gutters along the South Bay Front alleyway, consistent with the requirements of NBMC Title 19. Finding: D. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The lot is physically suitable for the proposed single-unit development. The lot is rectangular in shape, 30.5 feet wide, 86.3 feet deep, and approximately 2,600 square feet in area. 2. The project site will maintain vehicular access from the alley at the rear of the property and existing utility services are adequate for the proposed single-unit development. 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 site was previously developed with a multiple-unit residence. 2. The property is located in an urbanized area that does not contain any sensitive vegetation or habitat. 3. The project is categorically exempt under Section 15315 (Article 19 of Chapter 3), of the California Environmental Quality Act (CEQA) Guidelines – Class 15 (Minor Land Alterations) for the reasons noted in Section 2 of this Resolution. Finding: F. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Zoning Administrator Resolution No. ZA2019-043 Page 6 of 12 Facts in Support of Finding: 1. Approval of the Tentative Parcel Map will create two approximately 2,600 -square-foot parcels, reverting to the minimum lot size of the original underlying lots, and will not result in additional dwelling units beyond what the original underlying lots would allow 2. 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 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 Public Works Department has reviewed the proposed parcel map and determined that 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 proper ty 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 located in the Two-Unit Residential (R- 2) Zoning District, which permits residential uses. Zoning Administrator Resolution No. ZA2019-043 Page 7 of 12 Finding: I. That, in the case of a “land project” as defined in Section 11000.5 of the California Business and Professions Code: (1) there is an adopted specific plan for the area to be included within the land project; and (2) the decision making body finds that the proposed land pro ject is consistent with the specific plan for the area. Facts in Support of Finding: 1. California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this project site is not considered a “land project” as previousl y defined in Section 11000.5 of the California Business and Professions Code because the project site does not contain 50 or more parcels of land. 2. The project is not located within a specific plan area. Finding: J. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Fact in Support of Finding: 1. The Tentative Parcel Map and any future improvements are subject to Title 24 of the California Code of Regulations 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 single-family residence is consistent with the R-2 Zoning District, which allows a maximum of two residential units on the property. The Tentative Parcel Map to create two parcels for the purpose of constructing a single-family residence on each parcel will not affect the City in meeting its regional housing need. Zoning Administrator Resolution No. ZA2019-043 Page 8 of 12 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 single-family residence is designed so that wastewater discharge into the existing sewer system complies with the Regional Water Quality Control Board (RWQCB) requirements. Finding: M. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Fact in Support of Finding: 1. The subject property is within the Coastal Zone. The facts in support of findings A and B above are hereby incorporated by reference. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel Map No. NP2019-004 and Coastal Development Permit No. CD2018-016, 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 Director of Community Development in accordance with the provisions of NBMC Title 19 (Subdivisions) and Title 21 (Local Coastal Program Implementation Plan). PASSED, APPROVED, AND ADOPTED THIS 13th DAY OF JUNE, 2019. Zoning Administrator Resolution No. ZA2019-043 Page 9 of 12 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 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. Tentative Parcel Map No. NP2019-004 and Coastal Development Permit No. CD2019- 016 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. Prior to final building permit inspection, 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 device s 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. 5. 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 a nd 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 ki nd 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. 6. 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. 7. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. Zoning Administrator Resolution No. ZA2019-043 Page 10 of 12 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 and Tentative Parcel Map. 9. This Coastal Development Permit and Tentative Parcel Map 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. 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. 11. 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. 12. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 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. 13. 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. 14. 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. 15. 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. 16. 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 a 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 from storm drain systems or receiving waters as possible. Zoning Administrator Resolution No. ZA2019-043 Page 11 of 12 17. 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 the South Bayfront Waterpointe, LLC. Residences including, but not limited to, Tentative Parcel Map No. NP2019-004 and Coastal Development Permit No. CD2019-016 (PA2019-063). 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. 18. 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. Public Works Department 19. A parcel map shall be recorded. The map shall be prepared on the California coordinate system (North American Datum of 1983). 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. Zoning Administrator Resolution No. ZA2019-043 Page 12 of 12 20. 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 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. 21. All improvements shall be constructed as required by Ordinance and the Public Works Department. 22. An encroachment permit is required for all work activities within the public right-of-way. 23. Reconstruct any existing broken and/or otherwise damaged concrete curb and sidewalk panels along the Pearl Avenue frontage and any existing broken and/or otherwise damaged concrete alley panels. 24. All existing overhead utilities shall be undergrounded. 25. The rear alley setback shall remain clear of any above ground improvements or obstructions. 26. All existing private, non-standard improvements within the Pearl Avenue right-of-way and/or extensions of private, non-standard improvements into the Pearl Avenue right- of-way fronting the development shall be removed. 27. Any proposed private, non-standard improvements within the South Bay Front right -of- way shall comply with City Council Policy L-6. 28. Existing street trees within the Pearl Avenue right -of-way shall be protected-in-place. Removal of said trees will require approval from the Parks and Trees Division of the Public Works Department. 29. Each parcel 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. 30. All improvements shall comply with the City's sight distance requirement. See City Standard 110-L. 31. 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. RESOLUTION NO. ZA2019-042 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-015 TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AT 402 SOUTH BAY FRONT (PA2019-062) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brandon Architects (“Applicant”), on behalf of South Bayfront Waterpointe, LLC (“Owner”), with respect to property located at 402 South Bay Front, and legally described as Lot 2 in Block 7 of Section 1, Balboa Island, requesting approval of a coastal development permit. 2. The Applicant proposes to construct a new 2,659-square-foot, single-family residence with an attached 450-square-foot, two-car garage. 3. The subject property is located within the R-BI (Balboa Island) Zoning District and the General Plan Land Use Element category is RT (Two-Unit Residential). 4. The subject property is located within the coastal zone and has a Coastal Land Use Designation of Two-Unit Residential (RT-E) (30.0 - 39.9 DU/AC) and a Coastal Zoning District of Balboa Island (R-BI). 5. A public hearing was held on June 13, 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 meeting was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. 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 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 construction of a new 2,659-square-foot, single-family residence with an attached 450-square-foot, two-car garage. Zoning Administrator Resolution No. ZA2019-042 Page 2 of 7 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 3,188 square feet and the proposed gross floor area is 3,108 square feet. b. The proposed development will provide the required setbacks, which are zero feet along the front property line abutting the boardwalk, three feet along the side property lines, and five feet along the rear property line abutting the alley. c. The highest flat roof is no more than 24 feet, measured from the finished floor level of 9.00 feet North American Vertical Datum of 1988 (NAVD 88) and the highest roof ridge is no more than 29 feet, measured from the finished floor level, 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-family residences. 3. The property is an oceanfront lot that is separated from the ocean by a public boardwalk and City-owned concrete seawall/bulkhead. A Coastal Hazards and Sea Level Rise report, dated March 20, 2019, was prepared for the project by GeoSoils, Inc. The report concludes that, with the implementation of sea level rise (SLR) adaptation strategies (waterproofing of the structure and future raising of the City’s bulkhead), the proposed development will not be adversely impacted by potential coastal hazards over the next 75 years. No additional protective devices will be necessary to protect the proposed development. 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 Zoning Administrator Resolution No. ZA2019-042 Page 3 of 7 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 floor of the proposed structure is 9.00 feet (NAVD 88), which complies with the minimum 9.0-foot (NAVD 88) elevation standard for new structures. 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. Zoning Administrator Resolution No. ZA2019-042 Page 4 of 7 Facts in Support of Finding: 1. 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 construction of a new two-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 public boardwalk along the waterfront. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2019-015, 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 JUNE, 2019. Zoning Administrator Resolution No. ZA2019-042 Page 5 of 7 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. CD2019-015 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. A parcel map shall be recorded. The map shall be prepared on the California coordinate system (North American Datum of 1983). 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. 5. Prior to final building permit inspection, 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. Zoning Administrator Resolution No. ZA2019-042 Page 6 of 7 7. 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. 8. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 9. 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. 10. 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. 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. 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. 14. 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. 15. 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. 16. 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. 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 Zoning Administrator Resolution No. ZA2019-042 Page 7 of 7 area with appropriate berms and protection to prevent spillage shall be provided as far a 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 from storm drain systems or receiving waters as possible. 18. 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 South Bayfront Waterpointe, LLC. Residences including, but not limited to, Coastal Development Permit No. CD2019-015 (PA2019-062). 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. 19. 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.