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HomeMy WebLinkAbout20200116_Resolution_ZA2020-001Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL January 17, 2020 Vevian Tawfik Vkhalil22@yahoo.com Subject: CDP No. CD2019-046 (PA2019-178) 912 East Ocean Front Monica Lisa Corporation Dear Ms. Vevian Tawfik, 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 January 16, 2020 and is now within the required City appeal period until January 30, 2020. 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, JM/msw 05-14-19 RESOLUTION NO. ZA2020-001 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-046 TO DEMOLISH AN EXISTING DUPLEX AND CONSTRUCT A NEW THREE-STORY, TWO-UNIT RESIDENCE AND ATTACHED FOUR-CAR GARAGE LOCATED AT 912 AND 912 1/2 EAST OCEAN FRONT (PA2019- 178) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Vevian Tawfik, with respect to property located at 912 and 912 1/2 East Ocean Front, requesting approval of a coastal development permit. 2. The lot at 912 and 912 1/2 East Ocean Front is legally described as Lot 21 of Block 14 of the Balboa Tract and a portion of the East Ocean Front right -of-way abandoned per Resolution 2013-18 recorded on 02-27-13. 3. The applicant proposes to demolish an existing duplex and the construct a new 3,413- square-foot, two-unit residence including a 726-square-foot, attached four-car garage. The proposed development also includes additional appurtenances such as walls, fences, patios, hardscape, and drainage devices. The proposed residence complies with all applicable development standards including height, setbacks, and floor area limits. No deviations are requested. . 4. The subject property is designated RT (Two-Unit Residential) by the General Plan Land Use Element and is located within the R-2 (Two-Unit Residential) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-D (Two-Unit Residential – 20.0-29.9 DU/AC) and it is located within the R- 2 (Two-Unit Residential) Coastal Zoning District. 6. A public hearing was held on January 16, 2020, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was pre sented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 13503, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (Construction or Conversion of Small Structures), because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2020-001 Page 2 of 9 07-02-19 2. Class 3 exempts the demolition of up to three single-family residences and additions of up to 10,000 square feet to existing structures. The proposed project consists of the demolition of an existing duplex and the construction of a new 3,413-square-foot, two-unit residence and attached 726-square-foot, four-car garage. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 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 proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. The maximum floor area limitation is 3,452 square feet and the proposed floor area is 3,413 square feet. b. The proposed development provides the minimum required setbacks, which are 6 feet along the front property line abutting East Ocean Front, 3 feet along each side property line and 0 feet along the new rear property line abutting the alley dedication area. c. The highest guardrail is less than 24 feet from established grade (11.45 feet NAVD88) and the highest ridge is no more than 29 feet from established grade, which comply with the maximum height requirements. d. The project includes a four-car garage, complying with the minimum four-car parking requirement for duplexes. 2. The neighborhood is predominantly developed with two- and three-story, single- and - two-unit residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development. Zoning Administrator Resolution No. ZA2020-001 Page 3 of 9 07-02-19 3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils, Inc., dated October 4, 2019, for the project. The current maximum tide water elevation is 7.7 feet NAVD88 (North American Vertical Datum of 1988 (NAVD88). According to the report, the estimated sea level rise at the site appears to be between 3.2 and 5.1 feet over the next 75 years utilizing different probabilistic scenarios, accounting for water levels rising in the range of 10.9 to 12.8 feet NAVD88. The Newport Beach City Council approved the use of the high estimate of the “low risk aversion” scenario, which is 3.2 feet by the year 2100, or 3.1 feet by 2096. Therefore, the sea level is estimated to likely reach approximately 10.9 feet NAVD88 over the next 75 years (i.e. the life of the structure). The report concludes that the proposed project is reasonably safe from shoreline erosion due to the lack of wave or wakes that can erode sand from the beach. There is a very wide (greater than 500 feet) sandy beach in front of the property. The current mean high tide line is over 500 feet from the site and it is unlikely that over the life of the structure that the mean high tide line will reach within 300 fee t of the property. The finished floor elevation of the first floor of the proposed structure is 12.4 feet (NAVD88), which complies with the minimum 9.0-foot (NAVD88) elevation standard for new structures and exceeds the future likely sea level rise scenario of10.9 feet NAVD88. 4. Pursuant to 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 final building inspection, and prior to the issuance of building permits, respectively. 5. 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 CBC prior to building permit issuance. 6. The property is located adjacent to Peninsula Park and the beach. The subject site is approximately 560 feet from the ocean. A Construction Erosion Control Plan was provided to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived by construction chemicals and materials. The project design also addresses water quality through the inclusion of a post-construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event run-off on- site. Any water not retained on-site is directed to the City’s storm drain system. 7. Proposed landscaping complies with Implementation Plan Section 21.30.075. A condition of approval is included that requires drought-tolerant species. Prior to issuance Zoning Administrator Resolution No. ZA2020-001 Page 4 of 9 07-02-19 of building permits, the final landscape plans will be reviewed to verify invasive species are not planted 8. Site evaluation (per Section 21.30.100 of the NBMC) revealed that the proposed three- story design is consistent with the existing neighborhood pattern of development for one- and two-unit dwellings, and will not affect the existing views afforded from Peninsula Park. The project will replace an existing nonconforming duplex with a new two-unit residence that complies with all applicable development standards, including the third floor design requirements that restrict square footage on the third floor in terms of size and location. There are no views currently through the project site, as it is developed with an existing two-story duplex. The public viewpoint is intended to provide views of the ocean and beach. 9. Opportunities to enhance the visual quality of the coastal zone were also reviewed. The front of the proposed residence, which is visible from the boardwalk and Peninsula Park, will contain substantial architectural treatment and visual interest, in keeping with the design guidelines of the Zoning Code. The new structure would comply with required setbacks, and provide an additional setback along the front of the property beyond what is required by code. The design includes modulation of volume throughout the structure and low walls that prevent the appearance of the site being walled off from the park and streets. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to existing public 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 . Facts in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline. NBMC 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 replaces an existing legal nonconforming duplex located on a standard R-2 lot with a new two-unit residence. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. Vertical access to the beach is available near the site along A and B Streets. Lateral access is available on the beach and the boardwalk adjacent to the site on East Ocean Front. 3. During construction, any construction personnel will be required to utilize private property for staging and no materials can be stored off-site in the public right-of-way (including the boardwalk). The project does not include any features that would obstruct access along these routes. To ensure there are no impacts to public access, the project has been Zoning Administrator Resolution No. ZA2020-001 Page 5 of 9 07-02-19 conditioned to require the submission of a construction management plan, reviewed and approved by the Public Works Department, demonstrating the applicant will have sufficient and guaranteed access to the site through private property. This plan shall also include any areas necessary for storage of construction equipment and materials. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2019-046, 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 compli ance 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 16TH DAY OF JNAUARY, 2020. _____________________________________ James Campbell, Zoning Administrator Zoning Administrator Resolution No. ZA2020-001 Page 6 of 9 07-02-19 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. Prior to the issuance of the Certificate of Occupancy, 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. 3. Prior to the issuance of a building permit, the property owner shall submit a nota rized 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, 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 development. This letter shall be scanned into the plan set prior to building permit issuance. 4. 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. 5. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 6. The final alley design shall be approved by Public Works prior to building permit issuance. The design shall ensure that the garage finish floor (at the garage door) shall be 6-inches above the alley flow line. 7. This Coastal Development Permit does not authorize any development seaward of the private property. 8. 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 Zoning Administrator Resolution No. ZA2020-001 Page 7 of 9 07-02-19 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. 9. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 10. The discharge of any hazardous materials into storm sewer systems or recei ving 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 s hall be provided as far away from storm drain systems or receiving waters as possible. 11. 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. 12. Trash and debris shall be disposed in proper trash and recycling receptacles at the e nd 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. 13. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 14. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 15. 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. 16. 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 Zoning Administrator Resolution No. ZA2020-001 Page 8 of 9 07-02-19 to property or improvements in the vicinity or if the property is o perated or maintained so as to constitute a public nuisance. 17. 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. 18. 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. 19. 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. 20. Prior to issuance of a building permit, the applicant shall submit to the Planning Division an additional copy of the approved architectural p lans 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 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit. 21. 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. 22. 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. 23. 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. 24. 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. 25. This Coastal Development Permit No. CD2019-046 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. 26. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents Zoning Administrator Resolution No. ZA2020-001 Page 9 of 9 07-02-19 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 Monica Lisa Corporation Duplex including, but not limited to, Coastal Development Permit No. CD2019-046 (PA2019-178). 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.