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HomeMy WebLinkAboutPA2022-0306_20230413_Resolution_ZA2023-024Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL April 13, 2023 Craig Hampton 5500 E. Quartersawn St. Boise, ID 83716 craig@craigshampton.com Subject: Coastal Development Permit No. (PA2022-0306) Smith Residence CDP 2286 Channel Road Dear Mr. Hampton, 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 April 13, 2023 and is now within the required City appeal period until April 27, 2023. 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, RESOLUTION NO. ZA2023-024 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-UNIT DWELLING AND CONSTRUCT A NEW THREE (3)-STORY SINGLE-UNIT DWELLING AND ATTACHED TWO (2)-CAR GARAGE LOCATED AT 2286 CHANNEL ROAD (PA2022-0306) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Craig Hampton on behalf of the owners, Edward and Debra Smith with respect to property located at 2286 Channel Road, and legally described as Lot 4 of Tract 518, requesting approval of a Coastal Development Permit. 2. The Applicant requests a coastal development permit (CDP) to allow the construction of a new 4,220-square-foot, three (3)-story, single-unit dwelling with an attached 588-square foot three (3)-car garage. The project includes landscape, hardscape, drainage, and accessory structures all within the confines of the property. The project complies with all development standards and no deviations are requested. All improvements authorized by this CDP will be located on private property. This CDP (PA2022-0306) will supersede a previously approved CDP (PA2020-323) that authorized demolition of the existing single- family residence and construction of new single-family residence. Demolition of the existing single-unit dwelling was completed under the prior CDP and the lot is currently vacant. 3. The project includes additional improvements that are subject to separate review by the California Coastal Commission. The existing bulkhead is located beyond the front property line, therefore a portion of the front deck and bulkhead are located within the California Coastal Commission’s permit jurisdiction. This Coastal Development Permit is intended to cover portions of the project within the City’s permit authority as designated in the Local Coastal Program (Title 21 of the Newport Beach Municipal Code). 4. The subject property is categorized RS-D (Single Unit Residential Detached) by the General Plan Land Use Element and is located within the R-1 (Single-Unit Residential) Zoning District. 5. 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 it is located within the R-1 (Single-Unit Residential) Coastal Zoning District. 6. A public hearing was held on April 13, 2023, online via Zoom. A notice of 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. Zoning Administrator Resolution No. ZA2023-024 Page 2 of 10 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, Division 6, 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 demolition and construction of up to three (3) single-unit dwellings in urbanized areas. The proposed project consists of the demolition of an existing single- unit dwelling and construction of a new 4,220-square-foot, three (3)-story, single-unit dwelling with an attached 588-square foot three (3)-car garage. 3. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these 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 historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code (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 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 5,220 square feet and the proposed floor area is 4,808 square feet. b. The proposed development provides the minimum required setbacks, which are 0 feet along the front property line abutting Channel Road, 3 feet along each side property line, and 10 feet along the other front property line abutting the water. c. The highest flat roof/guardrail is below 24 feet from established grade and the highest ridge is no more than 29 feet from established grade. The proposed development complies with all height requirements. Zoning Administrator Resolution No. ZA2023-024 Page 3 of 10 d. The proposed development provides a three (3)-car garage, meeting the minimum three (3)-car garage requirement for a single-unit dwelling with more than 4,000 square feet of habitable floor area. e. The proposed development complies with the minimum 9.0-foot North American Vertical Datum of 1988 (NAVD 88) top of slab elevation requirement for interior living areas of new structures. 2. The property currently consists of one vacant legal lot. The previous single-unit dwelling on the Property was demolished under the previously approved CDP (PA2020-323). The prior CDP will be superseded should this resolution be approved. 3. The neighborhood is predominantly developed with two (2)- and three (3)-story, single- unit dwellings. The proposed design, bulk, and scale of the proposed three (3)-story development is consistent with the existing neighborhood pattern of development. 4. The development fronts the Newport Bay and is protected by an existing bulkhead. A Bulkhead Conditions Report was prepared by William Simpson and Associates, Inc. dated October 31, 2022, for the project. The report concluded that while the bulkhead is in good condition with minor, repairable cracks, it should be reinforced through the installation of new tiebacks. Once the bulkhead is reinforced in accordance with the report, no repair or replacement of the bulkhead is anticipated within the next 75 years. 5. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by William Simpson and Associates, Inc. dated October 31, 2022, for the project. The current maximum bay water elevation is 7.7 feet (NAVD 88) and may exceed the current top of bulkhead elevation of 10.58 feet (NAVD 88) during high tide or storm events. The report analyzes future sea level rise scenarios assuming a 3.2-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 10.9 feet (NAVD 88) - (the likely range for sea level rise over 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). 6. On March 23, 2021, the City Council approved updated Waterfront Project Design Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities. The guidelines require that any bulkhead structure permitted within the years 2021 through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD88) with a design for adaptability elevation of 14.4 feet (NAVD 88). The project has been conditioned to raise the bulkhead to an elevation of 10.9 feet (NAVD 88) in compliance with the proposed plans. William Simpson and Associates, Inc. has confirmed the bulkhead design can be raised up to 14.4 feet (NAVD88) if needed and in compliance with the updated guidelines. 7. The finished floor elevation of the proposed single-unit dwelling is 10.95 feet (NAVD 88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard for new structures. Zoning Administrator Resolution No. ZA2023-024 Page 4 of 10 8. The property is 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 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. 9. The property owner will 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 Newport Beach Municipal Code (NBMC) Section 21.30.015(D)(3)(c) – (Waterfront - Development Standards). The Acknowledgement of Coastal Hazards is included as a condition of approval that will need to be recorded prior to the issuance of building permits. 10. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) - (Natural Landform and Shoreline Protection), 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 Waiver of Future Protection is included as a condition of approval that will need to be recorded prior to final building inspection. 11. The property is located adjacent to coastal waters. Pursuant to Section 21.35.030 (Construction Pollution Prevention Plan) of the NBMC, a Construction Pollution Prevention Plan (CPPP) is required to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation, and to minimize pollution of runoff, and coastal waters derived from construction chemicals and materials. A CPPP has been provided and construction plans and activities will be required to adhere to the CPPP. 12. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a preliminary Water Quality and Hydrology Plan (WQHP) is required. The preliminary WQHP/WQMP was prepared by JT Consulting Engineer dated June 8, 2021 and revised on January 19, 2023, for the project. The WQHP/WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be reviewed for compliance with the approved WQHP prior to building permit issuance. 13. The project 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 onsite is directed to the City’s storm drain system. 14. Proposed landscaping complies with Implementation Plan Section 21.30.075. A condition of approval is included that requires drought-tolerant species. Before the issuance of Zoning Administrator Resolution No. ZA2023-024 Page 5 of 10 building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 15. The project site is not located adjacent to a coastal view road, but is located near a designated Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest viewpoint is located at West Jetty View Park, which is located approximately 150 feet to the south of the project site. Views from West Jetty View Park are primarily toward the water to the east and south of the project site and there are three other intervening residential structures and palm trees that obscure views of the Property. The project may be located within the viewshed of other distant public viewing areas; however, the proposed single-unit dwelling complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. 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 – (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 replaces an existing single-unit dwelling located on a standard R-1 lot with a new single-unit dwelling. 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 (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. Vertical and Lateral access to the Newport Bay and Beach is available near the site along Ocean Boulevard at West Jetty View Park and East Balboa Boulevard at a public beach where there are access points. West Jetty Park is the start of a wide sandy beach that provides lateral access down the coast of the Newport Beach Peninsula. 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 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 Zoning Administrator Resolution No. ZA2023-024 Page 6 of 10 no potential to have a significant effect on the environment and the exceptions to the Class 3 Exemption do not apply. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Coastal Development Permit (PA2022-0306), 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 (NBMC). 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. 4. This resolution supersedes Coastal Development Permit No. PA2020-323 which upon vesting of the rights authorized by this application shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF APRIL, 2023. Zoning Administrator Resolution No. ZA2023-024 Page 7 of 10 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 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. This Coastal Development Permit does not authorize any development bayward of the private property. 4. Coastal Development Permit No. PA2022-0306 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 (NBMC), unless an extension is otherwise granted. 5. Prior to final inspection of the building permit for the principal structure, the Applicant shall obtain approval from the California Coastal Commission for any improvements or construction bayward or seaward of the property. 6. Prior to submittal to California Coastal Commission, an Approval-In-Concept (AIC) shall be required from the Planning Division and Public Works Department for the deck and bulkhead improvements. 7. Prior to final inspection of the building permit for the principal structure, the existing seawall shall be reinforced to a height of 10.90 feet (NAVD88) and capable to be raised up to 14.4 feet (NAVD88), in compliance with the City of Newport Beach Waterfront Project Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities. 8. 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. The letter shall be scanned into the plan set prior to building permit issuance. 9. 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 Zoning Administrator Resolution No. ZA2023-024 Page 8 of 10 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. 10. Prior to issuance of a building permit, the final WQHP/WQMP shall be reviewed and approved by the Building Division. Implementation shall comply with the approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 11. Prior to the issuance of a building permit, the applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 12. Prior to the issuance of a building permit, the applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 13. 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. 14. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 15. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 16. 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. 17. 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. 18. 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. 19. 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. Zoning Administrator Resolution No. ZA2023-024 Page 9 of 10 20. Prior to the issuance of building permits, 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. 21. 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. 22. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Saturdays, Sundays or holidays. 23. 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 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM 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 24. 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. 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 Zoning Administrator Resolution No. ZA2023-024 Page 10 of 10 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. 25. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 26. 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. 27. 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. 28. 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. 29. 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 Smith Residence including, but not limited to, Coastal Development Permit (PA2022-0306). 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. Building Division 30. Project plans shall be prepared by licensed design professional in the State of CA for a three (3)-story structure. 31. Project plans shall comply with Special Flood Hazard Area requirements. The lowest floor elevations shall be above the minimum Design Flood Elevation (DFE) for flood zone AE8.