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HomeMy WebLinkAboutPA2023-0111_20231026_Resolution_ZA2023-065Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL October 26, 2023 Brandon Architects Attn: Brittany Oakes 151 Kalmus Drive, Suite G-1 Costa Mesa, CA 92626 brittany@brandonarchitects.com Subject: Coastal Development Permit (PA2023-0111) 206 and 206 ½ Grand Canal Nibeel Residence Dear Ms. Oakes, 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 October 26, 2023 and is now within the required City appeal period until November 10, 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, ____________________________ Jenny Tran, Assistant Planner LAW/jt Tmplt:-05/02/17 cc: Bob and Christine Nibeel 206 Grand Canal Newport Beach, CA 92662 Brittany Oakes 151 Kalmus Drive, Suite G-1 Costa Mesa, CA 92626 California Coastal Commission South Coast Area Office 200 Oceangate,10th Floor Long Beach, CA 90802-4302 01-10-2023 RESOLUTION NO. ZA2023-065 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING DUPLEX AND CONSTRUCT A NEW THREE-STORY SINGLE-UNIT DWELLING, JUNIOR ACCESSORY DWELLING UNIT, AND ATTACHED TWO-CAR GARAGE LOCATED AT 206 AND 206 ½ GRAND CANAL (PA2023-0111) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brittany Oakes of Brandon Architects, concerning property located at 206 and 206 ½ Grand Canal, requesting approval of a coastal development permit. 2. The lot at 206 and 206 ½ Grand Canal is legally described as Lot 4, Block 7, Section 5 of the Balboa Island Tract. 3. The applicant requests a coastal development permit (CDP) to allow the demolition of an approximately 2,400 square foot existing duplex and construction of a new 2,614 square- foot three-story single-unit dwelling, a 286 square-foot junior accessory dwelling unit (JADU), and an attached 441 square-foot two-car garage. The project also includes landscaping, hardscaping, and site walls. The project complies with all applicable development standards and no deviations are requested. 4. The subject property is designated Two-Unit Residential (RT) by the General Plan Land Use Element and is located within the Two-Unit Residential, Balboa Island (R-BI) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two Unit Residential (RT-E), and it is located within the Two-Unit Residential, Balboa Island (R-BI) Coastal Zoning District. 6. A public hearing was held on October 26, 2023, online via Zoom. A notice of the time, place, and purpose of the hearing was given by 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 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. Zoning Administrator Resolution No. ZA2023-065 Page 2 of 10 01-10-2023 2. Class 3 exempts the demolition and construction of up to three single-unit residences in urbanized areas. The proposed project consists of the demolition of a duplex and the construction of a new 2,614 square-foot three-story single-unit dwelling, a 286 square-foot junior accessory dwelling unit (JADU), and an attached 441 square-foot two-car garage. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. 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, and is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. By 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 2,900 square feet and the proposed floor area is 2,900 square feet. b. The proposed development provides the minimum required setbacks, which are 5 feet along the front property line abutting the boardwalk, 3 feet along each side property line, and 0 feet along the rear property line abutting the alley. c. The highest guardrail is less than 24 feet from the established grade (9.00 feet NAVD88) and the highest ridge is no more than 29 feet from the established grade, which complies with the maximum height requirements. d. The project includes garage parking for a total of two vehicles, complying with the minimum two-car garage parking requirement for single-unit dwelling with less than 4,000 square feet of habitable floor area. The JADU does not require any additional parking spaces. 2. The neighborhood is predominantly developed with two- and three-story, single-and two-unit residences. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development. Zoning Administrator Resolution No. ZA2023-065 Page 3 of 10 01-10-2023 3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA Consulting, Inc. dated May 25, 2023, for the project. The maximum bay water elevation is 7.7 feet NAVD88 (North American Vertical Datum of 1988 (NAVD88) and may exceed the current top of bulkhead elevation of 8.62 feet (NAVD88) 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 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). 4. Most of the streets on Balboa Island are approximately 6.5 feet (NAVD88), and flooding on Balboa Island is an existing coastal hazard. The public boardwalk is continuous and provides public access around the entire island including Little Balboa Island. The existing bulkhead is owned by the City of Newport Beach; therefore the adjacent property owner is not able to increase the height of the bulkhead as part of this CDP. If the City adopts comprehensive sea level rise adaptation strategies to protect the public streets and public access areas that are already experiencing flooding, then the property owner will be protected as a result. As a condition of approval, the property owner will be required to waive their rights to future protection devices and acknowledge coastal hazards present at the site. 5. The finished floor elevation of the proposed single-unit residence is 9.00 feet (NAVD 88), which complies with the minimum 9.00-foot (NAVD88) elevation standard but does not protect against future sea level rise assuming a bay water elevation of 10.9 feet NAVD88. Therefore, a waterproofing curb or similar waterproofing material will be installed around the residence to protect from future sea level rise. The Coastal Hazard Report concludes that the bay water elevation (currently 7.7 feet NAVD 88) will not exceed the proposed flood protection curb around the single-unit residence at 10.9 feet (NAVD88) for the anticipated 75-year life of the structure. 6. 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 before 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 before building permit issuance. 7. The property is separate from the Bay by a public bulkhead and boardwalk. Under Section 21.35.030 (Construction Pollution Prevention Plan) of the Municipal Code, 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. Zoning Administrator Resolution No. ZA2023-065 Page 4 of 10 01-10-2023 8. 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 building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 9. The project proposes to demolish the existing duplex and construct a new single-unit dwelling and JADU. As a result, the project complies with the Housing Crisis Act of 2019 and Senate Bill 8 (Skinner) because it does not result in the loss of residential density. The State Department of Housing and Community Development (HCD) has verified with the City in an email dated March 23, 2022, that a JADU is considered a housing unit under Government Code Section 66300 provisions to replace existing units. The property owner has certified that the units are not "protected" units under Section 66330 Subdivision (d)(2). The project is consistent with the General Plan, Local Coastal Program, and Zoning designations that allow the single-unit dwelling and JADU land uses. Under the Coastal Land Use Plan Table 2.1.1-1 (Land Use Plan Category), the Two Unit Residential (RT-E) category is intended for a range of two-unit residential dwelling units such as duplexes and townhomes. Section 21.18.020 of the Local Coastal Program Implementation Plan shows “Single-Unit Dwellings” and “Accessory Dwelling Units” as allowed uses in the Two-Unit Residential, Balboa Island (R-BI) Coastal Zoning District. Therefore, the project of a single-unit dwelling and JADU to replace an existing duplex is consistent with the R-BI zoning and land use designations, does not result in a loss of residential density, and will not affect the City in meeting its regional housing needs. 10. The project site is not located adjacent to a coastal view road or Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoints are approximately 100 feet south on the Park Avenue bridge and approximately 970 feet north of the project on the Marine Avenue bridge. The project site is visible from the Park Avenue bridge; however, the project does not include projections or features that would obstruct the view of the canal. The project site is adjacent to the public boardwalk surrounding the island. However, the proposed single-unit dwelling and JADU complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. 11. The front of the proposed residence, which is visible from the public boardwalk and bay, contains substantial architectural treatment and visual interest, in keeping with the design guidelines of the Zoning Code. The design includes modulation of volume throughout the structure, an increased front setback along the public boardwalk beyond what is required by code, and low walls that prevent the appearance of the site from being walled off from the boardwalk and bay. 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. Zoning Administrator Resolution No. ZA2023-065 Page 5 of 10 01-10-2023 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 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 duplex located on a standard R-BI lot with a new single-unit dwelling and JADU. 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. 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 bay front public boardwalk and Newport Bay is available approximately 300 feet north of the property at the intersection of Balboa Avenue and the boardwalk; and approximately 90 feet south at the intersection of the alley and Park Avenue. Lateral access is available along the public boardwalk adjacent to the waterfront around Balboa Island. 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 under 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. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit (PA2023-0111), subject to the conditions outlined 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 by the provisions of Title 21 Local Coastal Program (LCP) 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 (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. Zoning Administrator Resolution No. ZA2023-065 Page 6 of 10 01-10-2023 PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF OCTOBER, 2023. Zoning Administrator Resolution No. ZA2023-065 Page 7 of 10 01-10-2023 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. Prior to the final building permits, a waterproofing curb or similar waterproofing design feature shall be constructed around the proposed residence as an adaptive flood protection device up to a minimum of 10.9 feet (NAVD88). Flood shields (sandbags and other methods) can be deployed across the openings to protect and prevent flooding to the structure. 3. Prior to the final building permits, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns. 4. Prior to the issuance of building permits, 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 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 development. This letter shall be scanned into the plan set before building permit issuance. 5. Prior to issuance of building permits, the Junior Accessory Dwelling Unit (JADU) shall require a deed restriction that prohibits the sale of the JADU separately and prohibits rental or leasing of the JADU for 30 days or less. The deed restriction will also require the owner of the Property to reside in either the primary dwelling or in the JADU. Owner occupancy is not required if the owner is another governmental agency, land trust, or housing organization within the meaning of Government Code 65852.22. 6. 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. 7. 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 result in impacts to environmentally sensitive habitat areas, streams, the Zoning Administrator Resolution No. ZA2023-065 Page 8 of 10 01-10-2023 beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 8. This Coastal Development Permit does not authorize any development seaward of the private property. 9. 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 under 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 to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 10. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented before and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 11. 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. 12. 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. 13. 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. 14. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. Zoning Administrator Resolution No. ZA2023-065 Page 9 of 10 01-10-2023 15. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 16. The applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused by the revocation of this Coastal Development Permit. 17. 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, and welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 18. Prior to 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. 19. Prior to 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. 20. Prior to issuance of building permits, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 21. Prior to 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. 22. All landscape materials and irrigation systems shall be maintained by 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. 23. 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. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 24. 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 periods unless the ambient noise level is higher: Zoning Administrator Resolution No. ZA2023-065 Page 10 of 10 01-10-2023 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 25. Prior to issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 26. 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. 27. This Coastal Development Permit (PA2023-0111) 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. 28. 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 Nibeel Residence including but not limited to, Coastal Development Permit (PA2023-0111). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s 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 the City's costs, attorneys' fees, and damages, which the City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition.