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HomeMy WebLinkAboutPA2020-029_20200710_NOFACITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment COASTAL DEVELOPMENT PERMIT NOTICE OF FINAL ACTION July 10, 2020 South Coast District California Coastal Commission 301 E. Ocean Blvd., Suite 300 Long Beach, CA 90802 On June 25, 2020, the Zoning Administrator approved Coastal Development Permit No. CD2020-013. This approval is based on the findings and subject to the conditions of approval in the attached Zoning Administrator resolution. The City’s appeal period ended on July 9, 2020, and action became final on July 10, 2020. Application No.: Filing Date: Application Deemed Complete: Coastal Development Permit No.CD2020-013 February 21, 2020 June 1, 2020 Applicant: Architectural Design Solutions mark@archdesignsol.com 949-887-2292 Applicant Address: 3244 Broad Street Newport Beach, CA 92663 Site Location: Project Title: 405 Cortes Circle Newport Beach, CA 92625 (APN: 459-161-04) Faerber Residence Project Description: A request for a coastal development permit to enclose two existing 65-square- foot covered decks on the main and lower floor levels in order to enlarge two existing adjacent bedrooms, and to construct a 210-square-foot upper level addition. The existing development is legal nonconforming because the existing covered decks extend beyond the allowable development area identified in the Canyon Overlay District. As such, the project includes a request for relief from Newport Beach Municipal Code Title 21 (Local Coastal Program Implementation Plan), pursuant to Section 21.52.090. The proposed project complies with all other applicable development standards and no new development is proposed outside of the existing structural footprint. TMPLT: 12/01/17 Coastal Commission Appeal Determination: X Appealable to the Coastal Commission. The subject property is located within the Appeals Jurisdiction of the California Coastal Commission. The City’s final action is appealable to the Coastal Commission. Appeals to the Coastal Commission shall be filed directly to the Coastal Commission at the South Coast District Office in Long Beach. Not Appealable to the Coastal Commission. Subject Property is not located within the Appeals Jurisdiction and therefore not appealable to the California Coastal Commission. This Notice of Final Action is for informational purposes only. On behalf of Seimone Jurjis, Community Development Director By: Attachment: Zoning Administrator Resolution with Findings and Conditions of Approval RESOLUTION NO. ZA2020-052 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-013 FOR MINOR ADDITIONS TO AN EXISTING SINGLE-FAMILY RESIDENCE AND GRANTING RELIEF FROM THE DEVELOPMENT STANDARDS OF THE LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN AT 405 CORTES CIRCLE (PA2020-029) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Architectural Design Solutions (“Applicant”), with respect to adding 340 square feet of habitable area to the existing residential property located at 405 Cortes Circle, and legally described as Lot 66, Tract 1237 requesting approval of a coastal development permit. 2. The Applicant proposes to enclose two (2) existing 65-square-foot covered decks on the main and lower floor levels to enlarge two (2) existing adjacent bedrooms, and to construct a 210-square-foot upper level addition, thereby adding 340 square feet of habitable area to the existing residence. No change is proposed to the footprint of the existing structure. 3. The existing legal nonconforming development predates the City's Local Coastal Program and adopted Canyon Overlay District, and the existing decks extend beyond the currently applicable Canyon Stringline. Pursuant to Newport Beach Municipal Code (NBMC) Section 21.38.040(C), nonconforming structural elements of a primary structure (excepting foundation) may be modified provided the degree of nonconformity is not increased. The proposed project will occur within the confines of the existing structural footprint and will not increase the existing degree of nonconformity. 4. The subject property is located within the R-1-6000 (Single-Unit Residential) Zoning District and the General Plan Land Use Element category is RS-D (Single-Unit Residential Detached). 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD-A (Single Unit Residential Detached) (0.0 - 5.9 DU/AC) and the Coastal Zoning District is R-1-6000 (Single-Unit Residential). 6. A public hearing was held on June 25, 2020, in the Corona del Mar Conference Room (Bay E-1st Floor) located at 100 Civic Center Drive, Newport Beach, California, observing restrictions due to the Declaration of a State of Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. Zoning Administrator Resolution No. ZA2020-052 Page 2 of 10 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, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 1 exempts additions of up to 10,000 square feet where public services and utilities are available and the area is not considered environmentally sensitive. The proposed project is limited to enclosing two (2) existing 65-square-foot covered decks on the main and lower floor levels to enlarge two (2) existing adjacent bedrooms, and to construct a 210- square-foot upper level addition, thereby adding 340 square feet of habitable area to the existing residence. The proposed area of work is not within an environmentally sensitive area. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (Coastal Development Permits) of the NBMC, 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, site coverage limitation, setbacks, height, and parking: a. The maximum floor area limitation is 10,370 square feet and the proposed gross floor area is 4,486 square feet. b. The proposed development will provide the required setbacks, which are 5 feet along the front property line, 6 feet along the side property lines, and 6 feet along the rear property line. The existing dwelling is currently nonconforming due to the applicable canyon stringline. With exception of the requested Variance to the canyon stringline, the proposed development complies with all applicable development standards. All proposed work will occur within the confines of the existing structural footprint above the ground level and will not increase the existing degree of nonconformity beyond the canyon stringline. c. The project complies with the maximum height limitation. The highest flat roof or parapet of the upper level addition is approximately 4 feet below the maximum height limit of 24 feet, measured from established grade at every point as required by Implementation Plan Section 21.30.050(B)(3). Zoning Administrator Resolution No. ZA2020-052 Page 3 of 10 d. The project includes existing garage parking for two (2) vehicles, which complies with the minimum two (2)-space parking requirement for single-family residences with less than 4,000 square feet of livable floor area. The existing living area is 3,606-square-feet and the proposed living area is 3,946-square-feet. 2. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood’s pattern of development and expected future development consistent with applicable development standards. The upper level addition complies with the stringline setback and maintains the appearance of two (2) stories from the street. 3. The property is not located within an area identified as hazardous due to erosion factors or coastal hazards. The project will be required to comply with the California Building Code (CBC) and Building Division standards and policies. 4. As conditioned, 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 Section 21.30.015(D)(3)(c) of the NBMC prior to the issuance of building permits for construction. 5. 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 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 north of East Coast Highway, approximately one-half mile from the coast. The site is not located between the nearest public road and the sea or shoreline, and the project will not affect the public’s ability to gain access to use and/or view the coast and nearby recreational facilities. 2. Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC 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 involves minor additions within the structural envelope of an existing single-family residence located on a lot in the Coastal Zone. 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 site is located north of East Coast Highway, approximately one-half mile from the coast. Therefore, coastal access conditions will not be affected by the project. Coastal access is currently provided and will continue to be provided by street ends throughout the neighborhoods located south of East Coast Highway with access to the coast. Zoning Administrator Resolution No. ZA2020-052 Page 4 of 10 3. The project site is not located adjacent to a coastal view road or coastal viewpoint identified by Local Coastal Program maps. The project site may be located within the viewshed of distant public viewing areas; however, the project is limited to enclosing two (2) small decks within the established structural footprint and building envelope and complies with all applicable Local Coastal Program (LCP) development standards. 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: C. The Zoning Administrator has considered the following: i. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and ii. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources. Facts in Support of Finding: 1. With exception of the variance to the canyon stringline, the proposed development complies with and is consistent with the certified LCP. Fact in Support of Findings A and B above. 2. The subject property located on a coastal canyon and is presently developed with a single-family residence and accessory structures. All proposed work will occur within the confines of the existing structural footprint above the ground level and will not increase the existing degree of nonconformity beyond the canyon stringline. Therefore, the project will have no detrimental effect on coastal resources that the stringline is intended to protect, with or without the project. Finding: D. The granting of the variance is necessary due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, and/or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same coastal zoning district. Facts in Support of Finding: 1. The existing residence was constructed approximately 20 years ago, prior to the LCP and Canyon Overlay District, which became effective in 2017. Nearly one-half of the existing structure extends beyond the subsequently adopted canyon stringline, creating special circumstances in renovating the existing structure. Zoning Administrator Resolution No. ZA2020-052 Page 5 of 10 2. The strict application of the canyon stringline results in physical hardships inconsistent with the intent and purpose of the LCP. The enclosing of existing covered decks above the ground level and within the existing structural envelope has no detrimental effect on environmental or visual resources that the canyon stringline is intended to protect. Section 21.52.090(B)(1) of the NBMC specifically allows modification or waiver of development standards through approval of a coastal development for projects that will not have an adverse effect on coastal resources. 3. Typical properties subject to the canyon stringline on the west side of the canyon located along Hazel Drive experience a straight-line of development along a straight roadway where the canyon stringline methodology more appropriately maintains the existing line of development. Conversely, properties on the east side of canyon are situated around more curvilinear streets, including three cul-de-sacs, where the typical canyon stringline methodology does not work, does not represent the predominate line of development, and nearly bisects the existing development. 4. Furthermore, given the project’s location at the end of the cul-de-sac, the property naturally extends further into the canyon than the neighboring properties, which wrap around Cortes Circle. As such, the development area is more impacted than the immediately adjoining parcels. Finding: E. The variance complies with the findings required to approve a coastal development permit in Section 21.52.015(F). Facts in Support of Finding: 1. The project conforms to applicable sections of the LCP in that the proposed work will occur within the confines of the existing structural footprint above the ground level and will not increase the existing degree of nonconformity. No grading or further encroachment beyond the applicable stringline will occur. Therefore, the project will have no detrimental effect on coastal resources that the stringline is intended to protect. 2. The project site is not located between the nearest public road and the sea or shoreline. The project site is located north of East Coast Highway, approximately one-half mile from the coast. 3. All Facts in Support of Findings A and B above are hereby incorporated by reference. Finding: F. The variance will not result in development that blocks or significantly impedes public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs. Zoning Administrator Resolution No. ZA2020-052 Page 6 of 10 Facts in Support of Finding: 1. Public coastal access conditions will not be affected by the project. The property is located north of East Coast Highway, approximately one-half mile from the coast. Coastal access is currently provided and will continue to be provided by street ends throughout neighborhoods located south of East Coast Highway with access to the coast. There are no public trails located on the project site. 2. Facts in Support of Finding B.1 and B.2 are hereby incorporated by reference. Finding: G. The variance will not result in development that blocks or significantly impairs public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas. Fact in Support of Finding: 1. Fact in Support of Finding B.3 is hereby incorporated by reference. Finding: H. The variance will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation, or wildlife species. Facts in Support of Finding: 1. The covered decks to be enclosed are located within the already developed area of the property and within the existing structural envelope. No new development or grading is proposed outside of the existing structural footprint and the project will not impact any coastal resources, which the stringline setback is intended to protect. 2. Site-specific conditions, including the location of the property at the end of the Cortes Circle cul-de-sac and the location of existing improvements that establishes the canyon stringline for the project site, are unique to this property and, therefore, do not establish a precedent for approval of other requests that would contribute to cumulative adverse effects on coastal resources. Finding: I. The granting of the variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the certified Local Coastal Program. Facts in Support of Finding: 1. Approval of the coastal development permit will not be contrary to the applicable policies of the City’s Coastal Land Use Plan intended to protect coastal resources. Policy 2.2.5-1 specifically allows limited renovations to existing nonconforming structures that improve the Zoning Administrator Resolution No. ZA2020-052 Page 7 of 10 physical quality and character of a structure provided such renovations do not involve demolition or replacement of 50 percent or more of the nonconforming exterior walls and do not increase the degree of the structure’s nonconformity. The project involves enclosing existing covered decks within the existing structural envelope above the ground level, with no grading or further encroachment beyond the applicable stringline. 2. The granting of the coastal development permit to allow the enclosing of two (2) existing covered decks within the existing building envelope is consistent with NBMC Section 21.52.090, which provides for relief from development standards for projects that will have no detrimental effect on environmental or visual coastal resources. 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 CEQA pursuant to Section 15301 under Class 1 (Existing Facilities) 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. CD2020-013, 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 25th DAY OF JUNE, 2020. Zoning Administrator Resolution No. ZA2020-052 Page 8 of 10 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). There shall be no further encroachment that extends beyond the current structural footprint of the residence. 2. Prior to final inspection of the building permit, the as-built gazebo structure located on the roof level deck shall be removed. 3. Revisions to the approved plans shall require separate review by the Planning Division and may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 4. Prior to the issuance of a building permit, the property owner shall provide 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. 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. 6. 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 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. Zoning Administrator Resolution No. ZA2020-052 Page 9 of 10 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 (1) or two (2) short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 7. 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. 8. 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. 9. 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. 10. 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. 11. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 12. 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. 13. 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. 14. 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. 15. 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 Zoning Administrator Resolution No. ZA2020-052 Page 10 of 10 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. 16. 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. 17. 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. 18. Coastal Development Permit No. CD2020-013 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. 19. 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 Faerber Residence including, but not limited to Coastal Development Permit No. CD2020-013 (PA2020-029). 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.