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HomeMy WebLinkAbout20200213_Resolution_ZA2020-014Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL February 14, 2020 Richard Barrett 930 Via Lido Nord Newport Beach, CA 92663 r.barrett@verizon.net Subject: Coastal Development Permit No. CD2019-071 (PA2019-251) 930 Via Lido Nord Barrett Seawall CDP Dear Mr. Richard Barrett, 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 February 13, 2020 and is now within the required City appeal period until February 27, 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, David Lee, Associate Planner GR/dl 05-14-19 RESOLUTION NO. ZA2020-014 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-071 TO RAISE AN EXISTING SEAWALL AND DECK LOCATED AT 930 VIA LIDO NORD (PA2019-251) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Richard Barrett, with respect to property located at 930 Via Lido Nord, requesting approval of a coastal development permit. 2. The lot at 930 Via Lido Nord is legally described as Lot 328 of Tract 907. 3. The applicant proposes to raise an existing concrete seawall and construct an elevated deck. A previous grade determination was approved (Staff Approval No. SA2019-008) to allow the height of accessory structures to be measured from 9.50 feet North American Vertical Datum of 1988 (NAVD 88). 4. The subject property is designated Single Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Single-Unit Residential (R-1) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached (RSD-C) (10.0 – 19.9 DU/AC) and it is located within the Single-Unit Residential (R-1) Coastal Zone District. 6. A public hearing was held on February 13, 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 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 Conversion of Small Structures), because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the construction of accessory structures. The proposed project consists of the construction of a new raised wood deck and raised concrete seawall. Zoning Administrator Resolution No. ZA2020-014 Page 2 of 7 07-02-19 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 improvements comply with applicable residential development standards including height of accessory structures in the front setback. a. A grade determination was previously approved by the Community Development Director on December 6, 2019, which authorized the height of accessory structures within the 10-foot front setback to be measured from 9.5 feet (NAVD 88). b. The proposed raised deck and seawall are located within the required front setback area abutting the bay, which is 10 feet. The existing concrete deck which is at an elevation of 7.17 feet (NAVD 88), is proposed to be raised to 9.5 feet NAVD 88. The existing seawall, which is also at an elevation of 7.17 feet (NAVD 88), is proposed to be raised to 10.0 feet (NAVD 88), or 10.18 Mean Lower Low Water (MLLW), with a guardrail constructed above at an elevation of 13.0 feet (NAVD 88). The proposed seawall meets the current City of Newport Beach standard of 10.0 (MLLW). All proposed improvements comply with height requirements for accessory structures in the front setback. 2. The neighborhood is predominantly developed with two- and three-story, single-family residences with protective shoreline devices. The proposed raised bulkhead is consistent with the existing neighborhood pattern of development. 3. According to a Coastal Hazards Report and Sea Level Rise Analysis prepared by PMA Consulting, Inc. dated November 15, 2019, there is a lower seawall and upper seawall that combine to serve the subject property. The lower seawall has an elevation of 7.17 feet (NAVD 88), while the upper seawall has an elevation of 11.7 feet (NAVD 88). The Newport Beach City Council approved the use of the high estimate of the low risk aversion scenario, provided by the State of California, Sea Level Rise Guidance: 2018 Update. The low risk aversion scenario projects a sea level rise of 2.9 feet by the year Zoning Administrator Resolution No. ZA2020-014 Page 3 of 7 07-02-19 2095. Using this scenario, a maximum water level of 10.6 feet (NAVD 88) is determined. Since the two seawalls are considered to act as one protective device for the property, together they exceed the current City of Newport Beach standard of 10.0 feet (MLLW ), and are adequate to protect the existing residence from sea level rise using the low risk aversion scenario. The current maximum bay water elevation is 7.7 feet (NAVD 88) and may exceed the existing 7.17 feet (NAVD 88) top of bulkhead elevation for the lower seawall during high tide or storm events. The proposed raising of the lower seawall to 10.0 feet (NAVD 88) is to prevent flooding into the lower patio area. Additionally, the report analyzes future sea level rise scenarios based on medium-high aversion, which projects a 6-foot increase in the maximum water level over the next 75 years (ie. the life of the structure), or 13.7 feet (NAVD 88). Per the report’s recommendations, the first floor elevation of the existing structure will remain above high tide sea level until approximately 2085. Afterwards, the seawalls can be raised to an elevation of 13.7 feet (NAVD 88) if needed without bayward encroachment to protect the structure on the lot from flooding. 4. 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. 5. The project site is located approximately 200 feet from a public park located on a lot between 904 and 914 Via Lido Nord, which is a designated public viewpoint in the Coastal Land Use Plan and offers public views of Newport Bay. The proposed project is to raise a lower seawall and deck to elevations that comply with the maximum heights for accessory structures within front setback areas. 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. 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. Implementation Plan Section 21.30A.040 requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact, and be proportional to the impact. In this case, the project raises an existing seawall and deck within the front setback area abutting the bay. 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 Zoning Administrator Resolution No. ZA2020-014 Page 4 of 7 07-02-19 (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. Vertical access to the bay is available approximately 200 feet from the project site at a public park on Via Lido Nord. The project does not include any features that would obstruct access to the bay. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2019-071, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF FEBRUARY, 2020. Zoning Administrator Resolution No. ZA2020-014 Page 5 of 7 07-02-19 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The existing seawall shall be reinforced and capped to 10.0 feet (NAVD 88) minimum in accordance with the recommendations provided in the report prepared by PMA Consulting, Inc. on November 15, 2019 and as identified in the approved plans. 3. The alterations to the seawall shall allow for a future increase in height without further seaward encroachment. 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 devices including the repair and maintenance, enhancement, reinforcement, or any other activity affecting the bulkhead, that results in any encroachment seaward of the authorized footprint of the bulkhead or other shoreline protective device. 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 submit 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, 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. 6. 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. 7. Demolition beyond the approved scope of work requires planning division approval prior to commencement of work. Approval of revisions to project plans are not guaranteed. Any changes in the current scope of work may require the entire structure to be demolished and redeveloped in conformance with the current Zoning Code Development Standards. 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 Zoning Administrator Resolution No. ZA2020-014 Page 6 of 7 07-02-19 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. 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 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. 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 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. 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. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 15. This Coastal Development Permit does not authorize any development seaward of the private property. 16. 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. ZA2020-014 Page 7 of 7 07-02-19 17. 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. 18. 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. 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 plans for inclusion in the Coastal Development file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 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 permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 22. 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. 23. This Coastal Development Permit No. CD2019-071 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. 24. 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 Richard Barrett Trust Seawall including, but not limited to, Coastal Development Permit No. CD2019-071 (PA2019-251). 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.