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HomeMy WebLinkAbout20190516_Resolution_ZA2019-037Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL May 17, 2019 Mark Becker Inc. Attn: Tim Wooster 420 40th St., Unit 1 Oakland, CA 94609 twooster@markbecker.commbecker@markbecker.com Subject: Coastal Development Permit No. CD2019-006 (PA2019-008) 2016 East Ocean Front (Ackerman Residence) 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 May 16, 2019 and is now within the required City appeal period until May 30, 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 Cc: Betsy and Andy Ackerman RESOLUTION NO. ZA2019-037 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-006 TO CONSTRUCT A 334-SQUARE-FOOT, ATTACHED STORAGE AREA (BICYCLE GARAGE) WITH A 414-SQUARE-FOOT LIVING AREA ABOVE AT 2016 EAST OCEAN FRONT (PA2019-008) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mark Becker, Inc., with respect to property located at 2016 Ocean Front, and legally described as Lot 5 and a portion of Lot 4 of Tract 518, requesting approval of a coastal development permit. 2. The applicant requests a coastal development permit to construct a 334-square-foot, attached storage area (bicycle garage) with a 414-square-foot living area above. 3. The subject property is located within the R-1 (Single-Unit Residential) Zoning District and the General Plan Land Use Element category is RS-D (Single-Unit Residential Detached). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD-C (Single Unit Residential Detached) (10.0 - 19.9 DU/AC) and the Coastal Zone District is R-1 (Single-Unit Residential). 5. A public hearing was held on May 16, 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 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 from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines. 2. Class 1 includes additions to existing structures where the additions will not result in an increase of more than 50 percent of the floor area of the structure before the additions, or 2,500-square-feet, whichever is less. The proposed project includes the addition of a 334-square-foot, attached storage area (bicycle garage) with a 414-square-foot living area above, to an existing 2,237-square-foot, single-family residence and attached 440- square-foot, two-car garage. The proposed additions total less than 2,500-square-feet and less than 50 percent of the existing structure. Zoning Administrator Resolution No. ZA2019-037 Page 2 of 6 01-25-19 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 subject property is currently developed with an existing 2,237-square-foot, single-family residence and attached 440-square-foot, two-car garage on an existing lot designated for residential development by the Local Coastal Program. 2. The proposed additions conform to all applicable development standards, including setbacks and height. The ground level storage area and second level living area above comply with the minimum required setbacks of 10 feet along the front property line abutting East Ocean Front, 4 feet along the side property line and 0 feet along the rear property line abutting the alley. The height of the new roofline is approximately 28 feet 11 inches, which is below the 29-foot maximum height limit. 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 one- and two-story, single-family residences. 4. A Coastal Hazards and Wave Runup Study was prepared by GeoSoils, Inc., dated March 11, 2019 for the project. The report concludes that the long-term shoreline erosion rate is small, if any long-term erosion occurs at all. Assuming a conservative future erosion rate of 40 feet for every one-foot of sea level rise (SLR), the shoreline would move approximately 128 feet over the life of the development and experience 3.2 feet of SLR. A beach width of approximately 272 feet would remain, and 200 feet of beach width is recognized by coastal engineers as sufficiently wide to protect landward development. The GeoSoils study therefore also concludes that coastal hazards will not impact the property over the next 75 years and there is no anticipated need for a shore protection device over the life of 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. Zoning Administrator Resolution No. ZA2019-037 Page 3 of 6 01-25-19 6. The property is located in an area known for the potential for 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 a building permit. 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 7. The project design addresses water quality with a construction erosion control plan 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. 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; 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 existing 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 modest additions to an existing 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 existing development does 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 with the alteration and expansion. Coastal access is currently provided and will continue to be provided by street ends throughout the neighborhood with access to the beach and water. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2019-006, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2019-037 Page 4 of 6 01-25-19 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 16th DAY OF MAY, 2019. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2019-037 Page 5 of 6 01-25-19 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. 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. CD2019-006 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 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. 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 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. 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. 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. 8. 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 Zoning Administrator Resolution No. ZA2019-037 Page 6 of 6 01-25-19 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. 9. 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. 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. 13. 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 Ackerman Residence including, but not limited to, Coastal Development Permit No. CD2019-006 (PA2019-008). 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.