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HomeMy WebLinkAboutZA2025-006 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISITING SINGLE-UNIT DWELLING AND CONSTRUCT A NEW 7,868 SQUARE-FOOT SINGLE UNIT DWELLING INLCUDING THREE GARAGE SPACES LOCATED AT 127 HARBOR ISLAND ROAD (PA2024-0118) 01-10-2023 RESOLUTION NO. ZA2025-006 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISITING SINGLE-UNIT DWELLING AND CONSTRUCT A NEW 7,868 SQUARE-FOOT SINGLE UNIT DWELLING INLCUDING THREE GARAGE SPACES LOCATED AT 127 HARBOR ISLAND ROAD (PA2024-0118). THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Don James of EBTA Architects (Applicant) on behalf of James Clarke (Owner), concerning the property located at 127 Harbor Island Road and legally described as Lot 19 of Tract 3283 (Property), requesting approval of a coastal development permit (CDP). 2. The Applicant proposes to demolish an existing 3,247-square-foot, single-unit dwelling and construct a new, two-story, 6,896-square-foot, single-unit dwelling with a 590-square-foot two-car garage and a 382-square-foot single-car garage. The project also includes the raising and reinforcing of an existing bulkhead for protection against coastal hazards. The design also includes appurtenances such as walls, hardscape, and landscaping (Project). The Project complies with all development standards and no deviations from the Newport Beach Municipal Code (NBMC) are requested. 3. The Property is categorized as 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. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached – 0.0 - 5.9 DU/AC (RSD-A), and it is located within the Single-Unit Residential (R-1) Coastal Zoning District 5. A public hearing was held on January 30, 2025, online via Zoom. A notice of the time, place, and purpose of the hearing was given by the 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, 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. ZA2025-006 Page 2 of 10 01-10-2023 2. Class 3 exempts the demolition of up to three single-family dwellings and additions of up to 10,000 square feet to existing structures. The Project consists of the demolition of a single-unit dwelling and the construction of a new single-unit dwelling located in the R-1 Coastal Zoning District. Therefore, the Class 3 exemption is applicable. 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, 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 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 Project 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 11,834 square feet and the proposed floor area is 7,868 square feet. b. The Project provides the minimum required setbacks, which are 10 feet along the front property line abutting Harbor Island Road, four feet along each side property line, and 10 feet along the property line abutting the harbor which is also regulated as a front setback. c. The highest flat roof is 24 feet from established grade and the highest ridge is 29 feet from the established grade. The Project therefore complies with all height requirements. d. The Project includes two garages for parking for a total of three vehicles, complying with the minimum three-car garage parking requirement for single-unit dwelling with more than 4,000 square-feet of habitable floor area. e. The Project proposes a minimum top of slab elevation of 11.34 feet based on the North American Vertical Datum of 1988 (NAVD88) which complies with the minimum 9.0-foot NAVD 88 top of slab elevation requirement for new structures. Zoning Administrator Resolution No. ZA2025-006 Page 3 of 10 01-10-2023 2. The neighborhood is predominantly developed with single- and two-story, single-unit dwellings. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 3. A Coastal Hazards and Bulkhead Conditions Report was prepared for the Project by PMA Consulting, Inc., dated May 14, 2023. The current maximum bay water elevation is 7.70 NAVD88 and may exceed the existing 9.08 feet NAVD88 top of bulkhead elevation during high tide or storm events. The report analyzes future sea level rise scenarios assuming a 3.05-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 10.75 feet NAVD88 (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 estimated sea level rise over the next 75 years, using the Medium-High Risk Aversion, is potentially 6.7 feet, 14.4 feet NAVD88. The report concluded that the existing bulkhead shall be reinforced and raised to a height of 12.80 NAVD88 with capability of increasing to a height 14.4 feet NAVD88 without further seaward encroachment. Based on the data provided, the study concludes that coastal hazards will not significantly impact the Property over the next 75 years, as the proposed Project has minimal risk from flooding. 4. 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 NAVD88. The Project is raising the bulkhead to an elevation of 12.80 feet NAVD88, as recommended by the Coastal Hazards and Bulkhead Conditions Report, which exceeds the City’s minimum standard of 10.9 feet NAVD88 with capability of increasing to a height 14.4 feet NAVD88. 5. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) (Natural Landform and Shoreline Protection) of the NBMC, the 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 Owners 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 NBMC Section 21.30.015(D)(3)(c) (General Site Planning and Development Standards). These requirements are included as Condition of Approval Nos. 8 and 9 which will need to be satisfied prior to final building inspection, and prior to the issuance of building permits, respectively. 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 Zoning Administrator Resolution No. ZA2025-006 Page 4 of 10 01-10-2023 7. Pursuant to Section 21.35.050 (Water Quality and Hydrology Plan), of the NBMC, due to the proximity of the development to the shoreline and the development containing more than 75% of impervious surface area, a Water Quality Management Plan (WQMP) is required. A preliminary WQMP was prepared by Toal Engineering, dated February 14, 2023, was reviewed by the City’s Geologist Engineer. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of a LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. A final WQMP shall be reviewed and approved prior to the issuance of a building permit. 8. The Property is located adjacent to coastal waters. A Construction Erosion Control Plan was provided 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. The Project design also addresses water quality through the inclusion of a post-construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event runoff on-site. Any water not retained on-site is directed to the City’s storm drain system. 9. Proposed landscaping complies with Section 21.30.075 (Landscaping) of the NBMC. Condition of Approval No. 18 requires that landscape be designed to provide drought tolerant plantings, non-invasive plant species and water efficient irrigation. A final landscape plan shall be reviewed and approved prior to the issuance of a building permit to verify invasive species are not planted. 10. The Project is located within the immediate vicinity of coastal view roads and coastal viewpoints as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is approximately 900 feet to the north, at the corner of Harbor Island Road and Bayside Drive. The Project is not visible from that location due to the intervening structures. The Property is also within the general view as seen from other viewpoints above the Property. The Project replaces an existing two-story, single-unit, dwelling with a new, two-story, single- unit dwelling that complies with all applicable Title 21 (Local Coastal Program Implementation Plan) development standards and maintains a building envelope consistent with the existing pattern of development and expected future development. Therefore, the Project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts on 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 Property is located between the first public road and the sea. Section 21.30A.040 (Determination of Public Access/ Recreation Impacts) of the NBMC requires that the provision of public access bear a reasonable relationship between the requirement and the Zoning Administrator Resolution No. ZA2025-006 Page 5 of 10 01-10-2023 Project’s impact and be proportional to the impact. In this case, the Project replaces an existing single-unit dwelling with a new single-unit dwelling, consistent with the existing neighborhood pattern of development and applicable development standards. Therefore, the Project does not involve a change in land use or intensity that will result in increased demand for public access and recreation opportunities. 2. Lateral access to the Promontory Bay and the harbor is available along Bayside Drive, as a public walkway. Three beach access locations are also located near the Property along Beacon Bay. The Project is located entirely within the confines of private property, except for improvements to the driveway within the public right-of-way. The Project does not include any features that would obstruct access along the public walkway or any of the nearby public beach access locations. 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 the Coastal Development Permit filed as PA2024-0118, 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 Implementation Plan), of the 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. PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF JANUARY 2025. Zoning Administrator Resolution No. ZA2025-006 Page 6 of 10 01-10-2023 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The Project 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. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 4. 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. 5. 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. 6. 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. 7. This Coastal Development Permit 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. 8. Prior to final building permit inspection, an agreement in a form approved by the City Attorney between the 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. 9. Prior to the issuance of a building permit, the 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 Zoning Administrator Resolution No. ZA2025-006 Page 7 of 10 01-10-2023 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. 10. Prior to final building permit inspection, the existing seawall shall be reinforced and raised/capped to at least a height of 10.9 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 and Residential Facilities. 11. This Coastal Development Permit does not authorize any development seaward of the private property. 12. This Coastal Development Permit does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 13. 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. 14. 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. 15. 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. 16. Debris from demolition shall be removed from work areas each day and removed from the Property 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. 17. 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. 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. Zoning Administrator Resolution No. ZA2025-006 Page 8 of 10 01-10-2023 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. 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 to determine when it is safe to commence construction activities. If an active nest is found, 2 or 1 short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 21. 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 to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and Saturday between the hours of 8:00 a.m. and 6:00 p.m. Noise-generating construction activities are not allowed on Sundays, or Holidays. 22. All noise generated by the proposed use shall comply with Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the NBMC. 23. 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. 24. 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. 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, Zoning Administrator Resolution No. ZA2025-006 Page 9 of 10 01-10-2023 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 Clarke Residence, including but not limited to, the Coastal Development Permit filed as PA2024-0118. 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. Building Division 26. Prior to the issuance of a building permit, the Applicant shall submit a final drainage and grading plan. The plan shall be subject to review and approval by the Building Division. 27. Prior to the issuance of a building permit, the Applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 28. Prior to the 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. Public Works Department 29. The proposed driveway approach shall comply with City Council Policy L-2 (Driveway Approaches). 30. A new sewer cleanout shall be installed per City Standard 406. All used sewer laterals shall be abandoned at the property line. 31. All non-standard improvements within the Harbor Island Road right-of-way shall be removed. 32. New curb drains shall be installed per City Standard 184. 33. New driveway approach shall be installed per City Standard 162. 34. The existing water meter and service shall be abandoned at the main. 35. A new water service shall be installed per City Standard 502. Zoning Administrator Resolution No. ZA2025-006 Page 10 of 10 01-10-2023 Fire Department 36. NFPA 13D fire sprinklers shall be installed in the development.