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HomeMy WebLinkAboutPA2022-056_20220714_Resolution_ZA2022-048Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL July 15, 2022 Mark Becker mbecker@markbecker.com Subject: CDP No. CD2022-018 (PA2022-056) 2038 East Ocean Front 2038 East Ocean Front Addition Dear Mr. Becker, 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 July 14, 2022 and is now within the required City appeal period until July 28, 2022. 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, LAw/msw 10-18-2021 RESOLUTION NO. ZA2022-048 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2022-018 TO ALLOW AN APPROXIMATELY 363-SQUARE-FOOT ADDITION TO AN EXISTING TWO (2)-STORY, 2,072-SQUARE-FOOT SINGLE FAMILY RESIDENCE WITH AN ATTACHED TWO (2)-CAR GARAGE LOCATED AT 2038 EAST OCEAN FRONT (PA2022- 056) 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, with respect to property located at 2038 East Ocean Front, requesting approval of a coastal development permit. 2. The lot at 2038 East Ocean Front is legally described as Lot 10 in Block D, in Tract 00518. 3. The applicant proposes a coastal development permit (CDP) to allow an approximately 363-square-foot addition to an existing two (2)-story 2,072-square-foot single-family residence with an attached two (2)-car garage. The CDP is required since the proposed addition is at least 10 percent of the existing gross floor area. The new total floor area would be approximately 2,435 square feet with no change to the existing two (2)-car garage. The proposed design complies with all development standards and no deviations are requested. All proposed improvements will be made within the confines of the private property. 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 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 Zoning District. 6. A public hearing was held on July 14, 2022, online via Zoom. A notice of the 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 15301, Division 6, Chapter 3, Guidelines for Implementation of the Zoning Administrator Resolution No. ZA2022-048 Page 2 of 9 10-05-2021 California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption includes additions of less than 50 percent to the existing development. The proposed addition includes approximately 363 square feet to the existing single-family development, which is approximately a 17 percent increase of the existing floor area. Therefore, the proposed project complies with the Class 1 exemption. 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 4,760 square feet and the proposed floor area is 2,435 square feet. b. The proposed development provides the minimum required setbacks, which are 10.0 feet along the oceanfront, 3.00 feet along each side property line, and 0.00 feet along the rear property line abutting the alley. c. The highest guardrail is less than 24.0 feet from the established grade and the highest ridge is no more than 29.0 feet from the established grade, which complies with the maximum height requirements. d. The project includes garage parking for a total of two (2) vehicles, complying with the minimum two (2)-car garage parking requirement for single-family residences with less than 4,000 square feet of habitable floor area. 2. The neighborhood is predominantly developed with two (2)- and three (3)-story, single- family residences. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development. 3. The proposed addition is towards the rear of the property adjacent to the alley. The addition encloses the existing carport to create bike storage with 13.75 feet (NAVD88) finished floor. The existing carport is surplus and is not required parking. The project also includes an addition on the upper level for a new bedroom and bathroom. Zoning Administrator Resolution No. ZA2022-048 Page 3 of 9 10-05-2021 4. The finished floor elevation of the existing single-family residence is 18.62 feet (NAVD88), which complies with the minimum 9.00 feet (NAVD88) elevation standard. The proposed addition will have a finished floor elevation that ranges from 13.75 feet NAVD88 (garage level) to 18.62 feet NAVD88 (first-floor level). 5. A Coastal Hazards Report and Sea Level Rise Analysis were prepared by GeoSoils, Inc., dated March 9, 2022, for the project. The report concludes that the proposed project is reasonably safe from shoreline erosion due to the lack of waves or wakes that can erode sand from the beach. The report also concludes that the project will be reasonably safe from future sea-level rise assuming an increase up to 10.9 feet NAVD88 (the likely range for sea-level rise over the 75-year design life of the structure based on risk low- risk aversion estimates for sea-level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update). The finished floor elevation of the first floor of the existing structure is 18.62 feet based on the North American Vertical Datum of 1988 (NAVD88), which complies with the minimum 9.0-foot (NAVD88) elevation standard for new structures and exceeds the minimum requirements for sea-level rise (10.9 feet NAVD88). The addition on the garage level of the existing development is proposed with a finished floor elevation of 13.75 feet (NAVD88). Furthermore, the report concluded that due to the distance of the property from the current mean high tide line (approximately 450 feet), it is unlikely that the mean high tide line will reach the property within the next 75 years. 6. The property is located in an area known for seismic activity and liquefaction potential. 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. 7. The property is located approximately 450 feet from coastal waters. The 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 runoff and minor rain event runoff on-site. Any water not retained on-site is directed to the City’s storm drain system. 8. Landscaping complies with Implementation Plan Section 21.30.075 (Landscaping). A condition of approval is included that requires drought-tolerant species. Prior to the issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 9. The project site is not located adjacent to a coastal view road, public access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan. The closest public viewpoint is located approximately 1,000 feet to the east at West Jetty Park. The proposed residence is not located near Coastal View Roads, as designated in the Coastal Land Use Plan. Due to the distance of the proposed development from the public viewpoint and the project’s compliance with height and setbacks, the project will not impact coastal views. Zoning Administrator Resolution No. ZA2022-048 Page 4 of 9 10-05-2021 10. The front and side of the proposed residence are visible from the public beach. The existing development includes substantial architectural treatment and visual interest, in keeping with the design guidelines of the Zoning Code. The existing front of the dwelling facing the East Ocean Front public beach provides additional massing off-sets with open areas and patios on the first and second floors exceeding the minimum required front yard setback. Secondly, the addition is at the rear of the development towards the alley, below the heights of the existing dwelling, and not visible from the East Ocean Front public beach. Lastly, the existing dwelling with the proposed addition includes modulation of volume throughout the structure’s substantial open space areas and a proposed floor area that is approximately 51 percent of the maximum allowed for the Zoning District. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts on 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. Fact 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 (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 is a 363-square-foot addition to an existing single-family residence located on a standard R-1 lot. Therefore, the project does not involve a change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities. The existing development with the proposed addition is well under the maximum allowed square footage. 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 approximately 300 feet from the property at the terminus of “L” Street and approximately 200 feet from the property at the terminus of “M” Street. Lateral access is available along the wide beach in front of the site. The project does not include any features that would obstruct access along these routes. 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 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. Zoning Administrator Resolution No. ZA2022-048 Page 5 of 9 10-05-2021 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2022-018, 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 Program (LCP) Implementation Plan, of the Newport Beach Municipal Code. The final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) 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 14TH DAY OF JULY, 2022. Zoning Administrator Resolution No. ZA2022-048 Page 6 of 9 10-05-2021 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. This approval does not authorize any new or existing improvements (including landscaping) on California Coastal Permit Jurisdiction, State tidelands, public beaches, or the public right-of-way. Any improvements located on tidelands, submerged lands, and/or lands that may be subject to the public trust shall require a coastal development permit (CDP) approved by the California Coastal Commission (Coastal Commission). Prior to the issuance of building permits, the applicant shall provide a copy of said coastal development permit or CDP waiver or documentation from the Coastal Commission those subject improvements are not subject to the permit requirements of the Coastal Act and/or not located within the permit jurisdiction of the Coastal Commission. 3. 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. 4. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter the sensitive habitat, receiving waters, or storm drains or results 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 Coastal Development Permit does not authorize any development seaward of the private 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: Zoning Administrator Resolution No. ZA2022-048 Page 7 of 9 10-05-2021 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 of 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 of in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 11. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 12. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 13. The applicant shall comply with all federal, state, and local laws. The violation of any of those laws in connection with the use may be cause for the revocation of this Coastal Development Permit. 14. 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 are detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. Zoning Administrator Resolution No. ZA2022-048 Page 8 of 9 10-05-2021 15. Prior to the issuance of building permits, the applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 16. Prior to the issuance of building permits, the applicant shall submit a final drainage and grading plan. The plan shall be subject to review and approval by the Building Division. 17. 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. 18. Prior to the issuance of a building permit, 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. 19. 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. 20. Construction activities shall comply with Section 10.28.040 (Construction Activity— Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 21. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 22. Prior to the issuance of the building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 23. Should the property be sold or otherwise come under different ownership, any future Zoning Administrator Resolution No. ZA2022-048 Page 9 of 9 10-05-2021 owners or assignees shall be notified of the conditions of this approval by the current property owner or agent. 24. This Coastal Development Permit No. CD2022-018 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. 25. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 2038 East Ocean Front Residence including, but not limited to, Coastal Development Permit No. CD2022-018 (PA2022-056). 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 the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of the City's costs, attorneys' fees, and damages, which the 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.