HomeMy WebLinkAbout18 - Appeal of Coastal Development Permit No. CD2021-081 to Allow the Construction of a Single -Family Residence on Bay Island (PA2021-305) - AmendedAugust 23, 2022
Agenda Item No. 18
RESOLUTION NO. 2022-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, UPHOLDING THE
DECISION OF THE PLANNING COMMISSION AND
APPROVING COASTAL DEVELOPMENT PERMIT NO.
CD2021-081 TO ALLOW THE CONSTRUCTION OF A
SINGLE-FAMILY RESIDENCE AND AUTHORIZING AN
ADJUSTMENT TO THE OFF-STREET PARKING AND
HEIGHT REQUIREMENTS CONSISTENT WITH USE
PERMIT NO. UP3618 FOR THE PROPERTY LOCATED
AT 20 BAY ISLAND (PA2021-305)
WHEREAS, an application was filed by Brian Jowett of Brandon Architects
("Applicant"), on behalf of Bay Island Club ("Owner"), with respect to property located at 20
Bay Island, and legally described as allotment 1 of Bay Island as shown on the official map
of Bay Island ("Property"), requesting approval of a coastal development permit and a height
allowance;
WHEREAS, on November 24, 1997, the City Council approved Use Permit No.
UP3618 to implement a Planned Residential Development Overlay District, which modified
the Multi -Family Residential (MFR) zoning and development regulations for Bay Island
including authorizing off -site parking;
WHEREAS, the purpose of Use Permit No. UP3618 is to ensure that future
development is consistent the single-family detached character of Bay Island;
WHEREAS, the Applicant requests Coastal Development Permit No. CD2021-081
to allow the construction of a new 4,402-square-foot single-family residence, adjustment to
the off-street parking requirements with a parking management plan, and an increase to the
allowed building height to 28 feet for flat portions of the roof and 33 feet for the sloped
portions of the roof in accordance with Use Permit No. UP3618 ("Project");
WHEREAS, the Property is designated Multiple Residential Detached (RM-D) by
the General Plan ("General Plan") Land Use Element and is located within the Multi
Residential (RM) Zoning District;
WHEREAS, the Property is designated Multiple -Unit Residential — 10.0 — 19.9
DU/AC (RM-C) by the Coastal Land Use Plan and is located within the Multi Residential
(RM) Coastal Zoning District;
Resolution No. 2022-54
Page 2 of 10
WHEREAS, a public hearing was held by the Planning Commission on July 7,
2022 in the City Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the public hearing was given in
accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and
Chapter 20.62 (Public Hearings) and Chapter 21.62 (Public Hearings) of the Newport
Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2022-017 by a unanimous vote (6 ayes, 1 absent) approving
the Project;
WHEREAS, on July 18, 2022, Andy Fathollahi filed an appeal of the Planning
Commission's decision to approve the Project; and
WHEREAS, a public hearing was held by the City Council on August 23, 2022, in
the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California.
A notice of time, place and purpose of the public hearing was given in accordance with
the Ralph M. Brown Act, and Chapter 20.62 (Public Hearings) and Chapter 21.62 (Public
Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the City Council at this public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the decision of the Planning
Commission and determined that modifications to the Project made by the City Council,
if any, are not major changes that require referral back to the Planning Commission for
consideration and recommendation.
Section 2: The City Council does hereby uphold the Planning Commission's
approval of Coastal Development Permit No. CD2021-081 subject to conditions of
approval set forth in Exhibit "A," which is attached hereto and incorporated herein by
reference.
Section 3: In accordance with Subsection (F) of Section 21.52.015 (Coastal
Development Permits) of the NBMC, the following findings and facts in support of Coastal
Development Permit No. CD2021-081 are set forth as follows:
Resolution No. 2022-54
Page 3 of 10
Finding of Consistency with Section 21.52.015(F)(1)
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding of Consistency with Section 21.52.015(F)(1)
1. The proposed design, bulk, and scale of the Project is consistent with the development
standards authorized by Use Permit No. UP3618 and the existing and anticipated
single-family neighborhood pattern of development on Bay Island.
2. The Project complies with applicable residential development standards including, but
not limited to, floor area limitation, setbacks, height, and open space.
a. The maximum cumulative floor area limitation for all residential development on
Bay Island is—143,916 square feet and the proposed cumulative floor area is
130,095 square feet.
b. The Project complies with the required setbacks asset forth in Section 21.18.030
(Residential Coastal Zoning Districts General Development Standards) of the
NBMC which are 20 feet along all exterior property lines.
c. The Project complies with the required height limitations as set forth in Section
21.18.030 (Residential Coastal Zoning Districts General Development
Standards) of the NBMC. The maximum height in the Multiple Residential (RM)
Coastal Zoning District is 28 feet for flat roofs and 33 feet for sloped roofs. The
Project's highest flat elements of the roof are no more than 28 feet from
established grade and the highest ridge is no more than 33 feet from established
grade, which meet Section 21.18.030 (Residential Coastal Zoning Districts
General Development Standards) maximum height requirements.
d. The minimum required common open space on Bay Island is 1,725 square feet
and Bay Island's current common open space is approximately 452,460 square
feet.
e. The minimum required private open space for the Project is 220 square feet and
the proposed private open space is 287 square feet.
Resolution No. 2022-54
Page 4 of 10
3. The Project includes over 4,000 square feet of livable area and requires three (3)
garage parking spaces pursuant to Section 21.40.040 (Off -Street Parking Spaces
Required) of the NBMC. However, the Project complies with Section 21.40.110
(Adjustments to Off -Street Parking Requirements) of the NBMC in that a parking
management plan is being provided as follows:
a. Bay Island is accessible by a gated pedestrian bridge and the only vehicles
permitted on the island are golf carts. The Project includes a dedicated 172
square -foot garage for on -site golf cart parking. The golf cart garage may be
accessed without impacting the existing golf cart parking at the adjacent 21 Bay
Island residence. The Bay Island Association regulates pedestrian and golf cart
circulation on the island.
b. Off -site parking is provided in a parking structure located at 501 West Bay Avenue
pursuant to Use Permit No. UP3618, previously approved by the Planning
Commission in 1997. The parking structure includes 49 parking spaces
designated for the 23 existing single-family residences on Bay Island, equating
to two or more off -site spaces per residence.
4. Bay Island is predominantly developed with two and three story, single-family
residences. The proposed design, bulk, and scale of the Project will be consistent with
the existing and anticipated neighborhood pattern of development.
5. Pursuant to Section 21.30.030(C)(3)(i)(iv) — (Natural Landform and Shoreline
Protection) of the NBMC, 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 Section
21.30.015(D)(3)(c) — (Waterfront - Development Standards) of the NBMC. Both
requirements are included as conditions of approval that will need to be satisfied prior to
final building inspection, and prior to the issuance of building permits, respectively.
Resolution No. 2022-54
Page 5 of 10
6. The Project fronts the Newport Bay with a sandy beach separating the Property and
the water. A project -specific Coastal Hazards Analysis Report
("Report") was prepared by GeoSoils, Inc., dated May 19, 2021. The maximum bay
water elevation is 7.7 feet NAVD 88 (North American Vertical Datum of 1988 (NAVD
88). The Report analyzes future sea level rise scenarios assuming a 2.95-foot
increase in the maximum water level over the next 75 years (i.e. the life of the
structure). Therefore, the sea level is estimated to reach approximately 10.7 feet
(NAVD 88) - (the likely range for sea level rise over the 75-year design life of the
structure based on low risk aversion estimates for sea level rise provided by the State
of California, Sea Level Rise Guidance: 2018 Update). The existing bulkhead was
reinforced and capped up to 9 feet in 2014 and can be increased in height in the future.
The Report concludes that flooding, wave run up and erosion will not significantly
impact this Property over the life of the Project since the existing seawall/bulkhead
was reinforced and repaired in 2014 and may be increased in height without further
encroachment seaward. The need for a new shoreline protective device is not
anticipated over the economic life of the Project to protect it from flooding, wave runup
or erosion. A condition of approval is included requiring waterproofing of principal
structures up to a height of 10.7 feet (NAVD 88).
7. The finished floor elevation of the proposed single-family residence is 10.00 feet
(NAVD 88), which complies with the minimum 9.0-foot (NAVD 88) elevation standard.
8. 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.
9. The Project complies with the landscaping standards set forth in Section 21.30.075
(Landscaping) of the NBMC. A condition of approval is included that requires drought -
tolerant landscaping, and prohibits invasive, species. Final landscape plans will be
reviewed to verify invasive species are not planted.
Resolution No. 2022-54
Page 6 of 10
10. The Property is located adjacent to coastal waters. The project design addresses water
quality with a construction erosion control plan and a post drainage system that includes
drainage and percolation features designed to retain dry weather and minor rain event
run-off onsite. Any water not retained on -site is directed to the City's storm drain system.
11. The Property is not located adjacent to a coastal view road, public viewpoint, or public
accessway, as identified in the Coastal Land Use Plan. The Project is located within
the viewshed of public beaches at the nearby street ends on the Balboa Peninsula.
The Property is also located within the viewshed of distant public viewing areas.
However, the Project will replace an existing single-family residence with a new single-
family residence that complies with all applicable Local Coastal Program development
standards and maintains a building envelope consistent with the existing
neighborhood pattern of development. Further, the Project maintains a maximum
height of 33 feet where the Local Coastal Program development standards allow a
maximum height up to 33 feet. Therefore, the Project does not have the potential to
degrade the visual quality within the Coastal Zone or result in significant adverse
impacts to public views.
12. The Property is not a historic resource under California Public Resources Code
Section 21001(b), 20183.3, and 21084.1. The Property has neither been determined
to be eligible as a historic resource or designated as a historic resource under the
National Register, California Register and/or local ordinance. Moreover, the Property
has not been nominated in a survey as a historic resource. Further, the Property does
not meet the definition of a Landmark Structure in Sections 20.70 (Definitions) and
21.70 (Definitions) of the NBMC.
Finding of Consistency with Section 21.52.015(F)(2)
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 aby body of water located in the coastal zone.
Resolution No. 2022-54
Page 7 of 10
Facts in Support of Finding of Consistency with Section 21.52.015(F)(2)
1. The Project is located between the nearest public road and the sea or shoreline in the
private community of Bay Island. Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) of the NBMC requires public access to bear a reasonable
relationship with the project's impact and be proportional to the impact. The Project
consists of the demolition of a single-family residence and the construction of a new
single-family residence. There is no change in land use and the proposed increases
in floor area, height and bulk will not result in any significant adverse impacts to public
recreation, access or views or otherwise diminish the public's use of the ocean,
harbor, bay, channels, estuaries, salt marshes, sloughs, beaches, coastal parks, trails,
or coastal bluffs.
2. Vertical and lateral access to the bay front is available adjacent to the Bay Island
community at the street ends along the Balboa Peninsula (approximately 150 feet from
the subject property). Lateral access to the bay front is also available along the sandy
beachfront of the abandoned Edgewater Avenue adjacent to the Bay Island Bridge, and
the passive sitting area adjacent to the Bay Island Bridge.
Section 4: In accordance with Section 1.5.4 (Parking) of Use Permit No.
UP3618, the following findings and facts in support of the parking requirements are set
forth as follows:
Finding of Consistency with Section 1.5.4 (Parking) of Use Permit No. UP3618
Two off-street parking spaces, including one covered, shall be maintained for each dwelling
unit, including any caretaker's residences.
Facts in Support of Finding of Consistency with Section 1.5.4 (Parking) of Use Permit No.
UP3618
1. Use Permit No. UP3618 authorizes off -site parking for projects that provide adequate
number of spaces.
2. Use Permit No. UP3618 requires two (2) off-street parking spaces per dwelling unit.
Resolution No. 2022-54
Page 8 of 10
3. Off -site parking is provided in a parking structure located at 501 West Bay Avenue
pursuant to Use Permit No. UP3618. The parking structure includes 49 parking spaces
designated for the 23 existing single-family residences on Bay Island, equating to two
or more off -site spaces per residence.
Section 5: In accordance with Section 1.5.5 (Building Height) of Use Permit No.
UP3618, the following finding and facts in support of the finding for a height increase are
set forth as follows:
Findina of Consistencv with Section 1.5.5 (Buildina Heiaht) of Use Permit No. UP3618
The proposed building height is compatible and consistent with the height and scale of
adjacent and surrounding dwellings.
Facts in Support of Finding of Consistency with Section 1.5.5 (Building Height) of Use
Permit No. UP3618
1. Use Permit No. UP3618 allows the height of residential dwellings to be increased from
24 feet up to 28 feet, using the measure of height defined in the Zoning Code (Title 20
of the NBMC), if found to be compatible with the height and scale of adjacent and
surrounding dwellings. The NBMC measure of height for residential buildings allows
an additional 5 feet in height for sloping roofs with a minimum 3:12 pitch. Therefore, a
24-foot height limit allows up to 29 feet for sloping roofs and a 28-foot height limit
allows up to 33 feet for sloping roofs.
2. The proposed single -unit dwelling features a sloping roof with a minimum 3:12 pitch
up to a maximum height of 33 feet, consistent with the provisions of Use Permit No.
UP3618 and Section 21.18.030 (Residential Coastal Zoning Districts General
Development Standards) of the NBMC.
3. The majority of dwelling units on Bay Island were constructed prior to 1972, when the
Zoning District was R-3 and allowed for a height of 35 feet. The majority of existing
residences on Bay Island are similar in height to the proposed dwelling. Therefore, the
proposed building height is compatible and consistent with the height and scale of
adjacent and surrounding dwellings.
4. The Bay Island Homeowners' Association has indicated, through a letter stating approval
of conceptual plans, that the increase in height is consistent with the Bay Island scale of
development.
Resolution No. 2022-54
Page 9 of 10
Section 6: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 7: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 8: The City Council finds the adoption of this resolution is categorically
exempt from the California Environmental Quality Act 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. Class 3 exempts the demolition of up to
three single-family residences and addition of up to 10,000 square feet to existing
structures. The proposed project consists of the construction of a new 4,402-square-foot
single-family residence. There are no known exceptions listed in CEQA Guidelines
Section 15300.2 that would invalidate the use of this exemption. 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 historic resource.
The Property is not a historic resource under California Public Resources Code
Section 21001(b), 20183.3, and 21084.1. The Property has neither been determined to
be eligible as a historic resource or designated as a historic resource under the National
Register, California Register and/or local ordinance. Moreover, the Property has not been
nominated in a survey as a historic resource. Further, the Property does not meet the
definition of a Landmark Structure in Sections 20.70 (Definitions) and 21.70 (Definitions)
of the NBMC. Therefore, the Property is not a historic resource and the Class 3
exemption applies.
Resolution No. 2022-54
Page 10 of 10
Section 9: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 23rd day of August, 2022.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment(s): Exhibit "A" - Conditions of Approval