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HomeMy WebLinkAbout2025-9 - Waiving City Council Policy L-2 (Driveway Approaches) and Approving a Coastal Development Permit to Demolish an Existing Single-Unit Dwelling and Construct a New Duplex Located at 3601 Lake Avenue (PA2024-0105)RESOLUTION NO. 2025-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY COUNCIL POLICY L-2 (DRIVEWAY APPROACHES) AND APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE -UNIT DWELLING AND CONSTRUCT A NEW DUPLEX LOCATED AT 3601 LAKE AVENUE (PA2024-0105) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, the City is governed, in part, by its Charter, the Newport Beach Municipal Code ("NBMC"), and adopted City Council Policies; WHEREAS, Council Policy L-2 (Driveway Approaches) ("Council Policy L-2"), which sets requirements for driveways serving residential zones, prohibits the retention of curb openings for new developments on residential lots which abut an alley with limited exceptions; WHEREAS, Council Policy L-2 makes an exception for corner lots to retain or relocate existing curb openings when one additional covered, non -tandem, off-street parking space beyond the requirements of Title 20 (Planning and Zoning) of the NBMC is provided onsite ("Additional Parking Space") and no loss of on -street parking is proposed, WHEREAS, an application was filed by Brandon Architects representing the property owner ("Applicant"), with respect to the property located at 3601 Lake Avenue, and legally described as the southeasterly 60 feet of Lots 11 and 12, Block 136, of River Section Tract ("Property") for a coastal development permit ("CDP") to demolish an existing two-story, 2,904-square-foot single -unit dwelling and construct a new three-story, 4,218-square-foot duplex and 999-square-foot garage space with an attached two -car garage for each unit, for a total of four onsite parking spaces ("Project"); WHEREAS, the Property is a corner lot bounded by Lake Avenue, 36th Street, a ten foot alley, and residential properties comprising the 3600 block of Lake Avenue; Resolution No. 2025-9 Page 2 of 4 WHEREAS, the existing single -unit residence takes vehicular access from 36th Street as there is a utility pole in the alley that restricts vehicular access to the Property; WHEREAS, the Applicant requests vehicular access to the garage -serving Unit B from the alley behind the Property and vehicular access to the garage -serving Unit A from 36th Street, through the existing curb opening; WHEREAS, while the Project does not create a loss of on -street parking, its design does not include the Additional Parking Space required by Policy L-2; therefore, a waiver of Council Policy L-2 is necessary; WHEREAS, the Property is designated as Two Unit Residential (RT) by the City of Newport Beach General Plan ("General Plan") Land Use Element and is located within the Two -Unit Residential (R-2) Zoning District; WHEREAS, the Property is located within the Two -Unit Residential (R-2) Coastal Zoning District and the City of Newport Beach Local Coastal Program Coastal Land Use Plan ("CLUP") category is Two Unit Residential - 30.0 — 39.9 DU/AC (RT-E); WHEREAS, while the Zoning Administrator is the review authority for a CDP, Table 21.50-1 (Role of Review Authority) of the NBMC, Footnote 6 requires that applications with multiple discretionary components be decided by the highest review authority. WHEREAS, the Applicant additionally requests a waiver of Council Policy L-2, which can only be approved by the City Council; therefore, both the CDP and waiver of Council Policy L-2 must be decided by the City Council; WHEREAS, the City Council desires to waive City Council Policy L-2 to the extent that it requires an Additional Parking Space for this Project; and WHEREAS, a public hearing was held on February 11, 2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place, and purpose of the hearing was given in accordance with the California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to and considered by, the City Council at this hearing. Resolution No. 2025-9 Page 3 of 4 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby waive City Council Policy L-2 and does hereby exempt the Project as depicted in the preliminary plans, which is supported by the facts and findings in Exhibit "A," attached hereto and incorporated herein by reference. Section 2: The City Council does hereby approve Coastal Development Permit No. PA2024-0105 in accordance with Section 21.52.015(F) (Coastal Development Permit - Findings and Decision) of the NBMC, subject to the conditions set forth in Exhibit "B," attached hereto and incorporated herein by reference. Section 3: The City Council does hereby find that the Project is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15303 (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. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: 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 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. Resolution No. 2025-9 Page 4 of 4 Section 7: 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 Local Coastal Program and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. ADOPTED this 11th day of February, 2025. ATTEST: c �W Leilani I. Brown City Clerk'' cgt,Foa% APPROVED AS TO FORM: CITY TTORNEY'S OFFICE 7 Aaron C. Harp City Attorney Attachment(s): Exhibit A — Findings and Facts in Support of Findings Exhibit B — Conditions of Approval EXHIBIT "A" FINDINGS AND FACTS IN SUPPORT OF FINDINGS Coastal Development Permit A coastal development permit is required to authorize the demolition of an existing two- story single -unit dwelling and the construction of a new, three-story duplex. In accordance with Section 21.52.015(F) (Coastal Development Permit - Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The Project conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 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 5,308 square feet and the proposed floor area is 5,217 square feet. b. The Project complies with the required setbacks, which are five feet along 36th Street, three feet along Lake Avenue, four feet along the interior side property line, and five feet along the rear alley. C. The highest guardrail is below 24 feet from established grade and the highest ridge is less than 29 feet from the established grade. The Project therefore complies with all height requirements. d. The Project provides a total of four garage spaces, which complies with the minimum parking requirements for a two -unit residence. e. The Project proposes a minimum top of slab elevation of 9.13 feet based on the North American Vertical Datum of 1988 ("NAVD 88") which complies with the minimum 9.0-foot NAVD 88 top of slab elevation requirement. 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 is consistent with the existing neighborhood pattern of development and expected future development. 3. 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 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 the CBC prior to building permit issuance. 4. The Property is not directly abutting the shoreline or harbor, therefore, a Coastal Hazards Report was not required for this Project. The Property is not protected by a bulkhead. 5. The Project is designed to have vehicular access from the alley for Unit B and from 36th Street for Unit A. The existing single -unit dwelling provides vehicular access to a two -car garage from 36th Street. Section 21.40.070(B) (Development Standards for Parking Areas) of the NBMC requires the design of development on lots or parcels with alley access provide vehicular access to onsite parking from the alley. Section 21.40.070(B) of the NBMC authorizes the reviewing authority to grant an exception on lots where the width of the abutting alley is not sufficient to provide maneuvering space or where access from an abutting street would not result in the loss of existing on -street parking spaces or prevent the creation of new on -street parking spaces through the closure of an existing curb opening. The Project provides vehicular access from the alley to the maximum amount feasible, as an existing power pole in the alley cannot be relocated and therefore obstructs vehicular access from being provided to both garages. The Project does not result in a loss of existing on -street parking spaces, as the existing two -car garage is currently accessed from 36th Street and the two -car garage to serve Unit A is proposed in the same location. The Project does also not prevent the creation of new on -street parking spaces, as a red curb prohibiting parking exists on the entire north-west frontage of 36th Street. 6. The Property is not located adjacent to a coastal view road as identified in the CLUP. The Property is located approximately 500 feet from Newport Island Park, which is identified as the nearest Public Viewpoint by the CLUP. The Project is not visible from that location due to the intervening structures Additionally, the Project may be located within the viewshed of other distant public viewing areas. The Project will replace an existing single -unit dwelling with a new two -unit dwelling that complies with all applicable Local Coastal Program ("LCP") development standards and maintains a building envelope consistent with the existing neighborhood 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 to public views. Finding: B. The Project conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: The Property is not located between the nearest public road and the sea or shoreline. As such, it is not necessary to evaluate consistency with the public access and public recreation policies of Chapter 3 of the Coastal Act. However, the Project does not interfere with any existing nearby access to the coast. Lateral access is available in proximity to the Property along Seashore Drive. The Project does not include any features that would obstruct access along Seashore Drive. City Council Policy L-2 (Driveway Approaches) The City Council has the discretion to administer and waive policies in the Council Policy Manual. In this case, the Applicant has requested a waiver of Council Policy L-2 (Driveway Approaches) to maintain an existing curb cut for a property abutting an alley without providing an additional covered off-street parking space. The following finding and facts in support are set forth: Finding: C. Council Policy L-2 prohibits new street curb openings on new residential developments that abut an alley, and further require all vehicular access from the alley except where either.- 1) existing utility conditions cannot be removed or relocated and thus prevent alley access and one additional covered non -tandem off-street parking space beyond code required is being provided; or 2) an existing curb opening is maintained or relocated when one additional covered non -tandem off-street parking space beyond that required by the NBMC is being provided and the project would not result in a loss of on -street parking. Facts in Support of Finding: 1. The Project does not provide an additional parking space beyond the code required four spaces (two per unit), as required by the exceptions provided in Council Policy L-2. Alley access is constrained due to the presence of existing above -ground utilities located immediately adjacent to the Property that cannot be relocated. The current development is a single -unit residence with a driveway approach and garage accessed from 36th Street. The Project will redevelop the Property with one additional unit requiring additional off-street parking. While the Project does not qualify for the above -listed exceptions, the Applicant is complying to the greatest extent feasible by including a new two -car garage accessed from the alley for Unit B. The existing curb cut on 36th Street would be maintained without modification for access to a new two -car garage for Unit A. Providing the additional space would likely require an additional or larger curb cut than what is currently existing and would be directly inconsistent with Council Policy L-2. 2. Fact 5 in Support of Finding A in the preceding "Coastal Development Permit" section is hereby incorporated by reference. 3. As proposed, the Project does not result in a loss of existing on -street parking spaces as the existing two -car garage is currently accessed from 36th Street and a new two -car garage is proposed in the same location. The Project does not prevent the creation of new on -street parking spaces as a red curb exists on the entire north side of 36th Street where parking is not allowed. 4. Multiple properties in the vicinity with alleys are developed with structures that maintain vehicular access from the abutting street instead of the alley. They will be required to comply with Council Policy when re -developed with a new structure; however, it is notable that none of them appear to have the same constraint with above -ground utilities. EXHIBIT "B" CONDITIONS OF APPROVAL 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 require subsequent review by the Planning Division. Significant changes 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. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 5. This Coastal Development Permit may be modified or revoked by the City Council if determined that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health or welfare or are materially injurious to property or improvements in the vicinity or if the Property is operated or maintained so as to constitute a public nuisance. 6. Prior to the issuance of a building permit, a copy of the Resolution, including the conditions of approval set forth in Exhibit "B" shall be incorporated into the Building Division and field sets of plans. 7. This approval 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. If the Project proposes to sell individual units in the future, the Applicant shall apply for a Tentative Parcel Map for Condominium Purposes and Coastal Development Permit with the Planning Division and shall process the Final Map with the Public Works Department. 9. 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. 10. Best Management Practices ("BMPs") and Good Housekeeping Practices ("GNPs") 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 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. Noise -generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 18. 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. 19. 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. 20. 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. 21. 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 the Project including, but not limited to the Coastal Development Permit filed as PA2024- 0105. 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 22. The Applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City -adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 23. The Applicant shall employ the following best available control measures ("BACMs") to reduce construction -related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on -site stockpiles of debris, dirt, or other dusty material. Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90-day low-NOx tune-ups for off -road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off -Site Impacts • Encourage carpooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six-inch surface layer, subject to review/discretion of the geotechnical engineer. Public Works Department 24. Walls, fences, and landscaping along 36th Street and portions of Lake Avenue frontages shall comply with the City sight distance standard 105 and Section 21.30.130 (Traffic Safety Visibility Area) of the NBMC. 25. Each unit shall be served by separate water and sewer services. 26. The existing driveway approach on 36th Steet shall be constructed per City standard. 27. All curb, gutter, and sidewalk along 36th Street and Lake Avenue frontages shall be reconstructed per City standard. 28. All damaged alley panels along the Property shall be reconstructed per City standard. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2025-9 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 11th day of February, 2025; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Joe Stapleton, Mayor Pro Tern Lauren Kleiman, Councilmember Michelle Barto, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Sara J. Weber, Councilmember Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of February, 2025. Leilani I. Brown City Clerk Newport Beach, California