HomeMy WebLinkAbout20200130_ZA_Staff Report
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
January 30, 2020
Agenda Item No. 4
SUBJECT: Hoffman Residence (PA2019-241)
Coastal Development Permit No. CD2019-060
SITE LOCATION: 298 Lexington Circle
APPLICANT: Steve Almquist
OWNER: Susan Hoffman
PLANNER: Patrick Achis, Planning Technician
949-644-3237, pachis@newportbeachca.gov
LAND USE AND ZONING
x General Plan: Multiple-Unit Residential (RM)
x Zoning District: Bayside Village Mobile Home Park Planned Community (PC-1)
x Coastal Land Use Category: Multiple-Unit Residential – 10.0 – 19.9 DU/AC (RM-C)
x Coastal Zoning District: Bayside Village Mobile Home Park (PC-1)
PROJECT SUMMARY
A request for a coastal development permit to allow the removal of an existing single-
story, single-family manufactured home and the installation of a new single-story, single-
family manufactured home in compliance with State law. The development also includes
a single-car carport, entry stairs and landings, hardscape, and landscape. The
development complies with all applicable Municipal Code Standards and no deviations
are requested. All improvements are shown on the attached project plans (Attachment
No. ZA 3).
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, because it has no potential to have a significant
effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2019-060 (Attachment No. ZA 1).
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Hoffman Residence (PA2019-241)
Zoning Administrator, January 30, 2020
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DISCUSSION
Land Use and Development Standards
x The subject site is located within the PC-1 Coastal Zoning District, which provides for
development of a mobile/manufactured home park and is consistent with the City’s
Coastal Land Use Plan, General Plan, and Zoning Code. A coastal development
permit is required and the site is not eligible for a waiver for de minimis development
because the property is located in the Coastal Commission Appeal Area.
x The Bayside Village Mobile Home Park is comprised of Parcel 1 (south), containing
125 dwelling units, and Parcel 2 (north), containing 143 dwelling units. The park is
predominantly developed with single- and two-story, mobile/manufactured homes.
The proposed design, bulk, and scale of the development is consistent with the
existing pattern of development and expected future development consistent with
applicable development standards.
x The proposed project is the replacement of an existing single-story, single-family
manufactured home with a new single-story, single-family manufactured home within
the southern parcel. There is no increase in density.
x As the Bayside Village Mobile Home Park was authorized by a use permit in 1958,
there is no associated development plan. Newport Beach Municipal Code (NBMC)
Subsection 21.26.065(C) (Planned Communities without Development Plans – Other
Planned Communities) states that the approved site plan serves as the Planned
Community Development Plan for the park. The approved site plan provides a typical
lot configuration with a single parking space and outdoor living areas. The proposed
manufactured home is in substantial conformance, as it will maintain a similar
footprint and provides one parking space.
x There are no height limits designated by the approved site plan. The General Plan,
as well as the Coastal Land Use Plan, designate the site as Multiple-Unit Residential.
Other properties with this designation maintain a height limit of 28 feet to a flat roof
and 33 feet to the ridge of a sloped roof. The proposed manufactured home will be
approximately 15 feet from existing grade to the ridge.
x The building codes for construction and installation of a manufactured home are
contained within the California Health and Safety Code. The State of California
Department of Housing and Community Development (HCD) issues all construction
permits. The applicant has provided evidence of approval from the State, as well as
the park owner.
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Hazards
x The project site is located within the south parcel of the mobile/manufactured home
park and is more than 600 feet from Newport Bay. It is separated from the bay by
several rows of manufactured home sites, Bayside Drive, and the entirety of the north
parcel. The Newport Dunes site borders the mobile/manufactured home park to the
east. The site is at an approximate elevation of 15 feet based on the North American
Vertical Datum of 1988 (NAVD 88).
Water Quality
x The project design addresses water quality with a construction erosion control plan
and 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.
Public Access
x The project site is located between the nearest public road and the sea or shoreline,
and the existing residential development neither provides nor inhibits public coastal
access. NBMC Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
between the requirement and the project’s impact and be proportional to the impact.
In this case, the project replaces an existing single-family manufactured home on an
interior site located within an existing mobile/manufactured home park with a new
single-family manufactured home. 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.
x Bayside Drive bisects the northern and southern parcels of the Bayside Village
Mobile Home Park and provides access to Newport Dunes, which provides several
coastal recreational opportunities for the public’s use.
x The mobile/manufactured home park abuts Coast Highway, a public coastal view
road. It is separated from the public right-of-way by an existing site wall that is
approximately 7 feet tall and provides for limited views across. An investigation of the
project site and surrounding area did not identify any other public view opportunities.
The project site may be located within the viewshed of distant public viewing areas.
However, the project will replace an existing single-family manufactured home with
a new single-family manufactured home that complies with all applicable Local
Coastal Program development standards and maintains a building envelope
consistent with the existing 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.
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ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has
no potential to have a significant effect on the environment.
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
removal of one single-family manufactured home and the installation of a new single-
family manufactured home with accessory structures and improvements.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of NBMC Title 21 (Local Coastal
Implementation Plan). Final action taken by the City may be appealed to the Coastal
Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the
Coastal Act. For additional information on filing an appeal, contact the Planning Division at
949-644-3200.
Prepared by:
BMZ/pa
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2020-0##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2019-060 TO REMOVE AN
EXISTING SINGLE-STORY, SINGLE-FAMILY MANUFACTURED
HOME AND INSTALL A NEW SINGLE-STORY, SINGLE-FAMILY
MANUFACTURED HOME LOCATED AT 298 LEXINGTON
CIRCLE (PA2019-241)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Steve Almquist (“Applicant”) on behalf of Susan Hoffman
(“Manufactured Home Owner”), with respect to a manufactured home site located at 298
Lexington Circle, requesting approval of a coastal development permit.
2. The site is located within Bayside Village Mobile Home Park, legally described as Parcel 2
of Resubdivision No. 0995.
3. The Applicant proposes the removal of an existing single-story, single-family
manufactured home and the installation of a new single-story, single-family
manufactured home. The development also includes a single-car carport, entry stairs
and landings, hardscape, and landscape. The development complies with all applicable
Municipal Code Standards and no deviations are requested. All improvements are
shown on the attached project plans
4. The subject property is designated Multiple-Unit Residential ("RM") by the General Plan
Land Use Element and is located within the Bayside Village Mobile Home Park Planned
Community ("PC-1") Zoning District.
5. The subject site is located within the coastal zone. The Coastal Land Use Plan category is
Multiple-Unit Residential – 10.0 – 19.9 DU/AC (“RM-C”) and it is located within the Bayside
Village Mobile Home Park ("PC-1") Coastal Zone District.
6. A public hearing was held on January 30, 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
(“NBMC”). Evidence, both written and oral, was presented to, and considered by, the
Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (“CEQA”) under Class 3 (New Construction or
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Conversion of Small Structures), because it has no potential to have a significant effect
on the environment.
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
removal of one single-family manufactured home and the installation of a new single-
family manufactured home with accessory structures and improvements.
SECTION 3. REQUIRED FINDINGS.
In accordance with NBMC Section 21.52.015 (Coastal Development Permits, Findings and
Decision), 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 development standards identified
by the PC-1 Development Plan and the proposed design is in substantial conformance
with the approved site plan.
a. The project is within the confines of the manufactured home site lines.
b. The project has been reviewed and approved by the Manufactured Home Owner,
as evidenced by the Application for Permit to Construct included with the
application.
c. The project includes a parking area for one vehicle, complying with the minimum
parking requirement per site.
2. The Bayside Village Mobile Home Park is predominantly developed with single- and
two-story, mobile/manufactured homes. The proposed design, bulk, and scale of the
development is consistent with the existing pattern of development and expected future
development consistent with applicable development standards.
3. The Bayside Village Mobile Home Park is comprised of Parcel 1 (south) and Parcel 2
(north) of Parcel Map No. 93-111. The project site is centrally located within the south
parcel, surrounded by other homes, and more than 600 feet from Newport Bay. The project
site is at an approximate elevation of 15 feet based on the North American Vertical Datum
of 1988 (NAVD 88).
4. The project design addresses water quality with a construction erosion control plan and a
post-construction drainage system that includes drainage and percolation features
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Zoning Administrator Resolution No. ZA2020-0##
Page 3 of 6
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.
5. The building codes for construction and installation of a manufactured home are contained
within the California Health and Safety Code. The State of California Department of
Housing and Community Development (“HCD”) issues all construction permits. The
applicant has provided evidence of approval from the State, as well as the Manufactured
Home Owner.
Finding:
B. Conforms to the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is located between the nearest public road and the sea or shoreline of
any body of water located within the coastal zone.
Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline, and
the existing residential development neither provides nor inhibits public coastal access.
NBMC Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires
that the provision of public access bear a reasonable relationship between the requirement
and the project’s impact and be proportional to the impact. In this case, the project replaces
an existing single-family manufactured home within an existing mobile/manufactured home
park with a new single-family manufactured home. 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.
2. Bayside Drive bisects the northern and southern parcels of the Bayside Village Mobile
Home Park and provides access to the Newport Dunes, which houses several coastal
recreational opportunities for the public’s use.
3. The mobile/manufactured home park abuts Coast Highway, a public coastal view road. It
is separated from the public right-of-way by an existing site wall that is approximately 7 feet
tall and provides for limited views across. An investigation of the project site and
surrounding area did not identify any other public view opportunities. The project site may
be located within the viewshed of distant public viewing areas. However, the project will
replace an existing single-family manufactured home with a new single-family
manufactured home that complies with all applicable Local Coastal Program development
standards and maintains a building envelope consistent with the existing 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.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2019-060, 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 NBMC Title 21
(Local Coastal Implementation Plan). 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 30TH DAY OF JANUARY, 2020.
___________________________________
James Campbell, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
wetlands or their buffers.
3. 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 Pollution Prevention Plan (CPPP).
4. 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.
5. 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.
6. 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.
7. 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.
8. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
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9. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
10. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Coastal
Development Permit.
11. 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.
12. 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.
13. 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.
14. This Coastal Development Permit No. CD2019-060 shall expire unless exercised within
24 months from the date of approval as specified in NBMC Section 21.54.060 (Time Limits
and Extensions), unless an extension is otherwise granted.
15. 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 Hoffman Residence including, but not limited to, Coastal Development Permit
No. CD2019-060 (PA2019-241). 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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Coastal Development Permit No. CD2019-060
PA2019-241
298 Lexington Circle
Subject Property
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Attachment No. ZA 3
Project Plans
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