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HomeMy WebLinkAboutZA2025-031 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLEUNIT DWELLING AND CONSTRUCT A NEW, THREE-STORY, SINGLE-UNIT RESIDENCE WITH AN ATTACHED TWO-CAR GARAGE LOCATED AT 5109 SEASHORE DRIVE (PA2024-0204)RESOLUTION NO. ZA2025-031 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE- UNIT DWELLING AND CONSTRUCT A NEW, THREE-STORY, SINGLE-UNIT RESIDENCE WITH AN ATTACHED TWO-CAR GARAGE LOCATED AT 5109 SEASHORE DRIVE (PA2024-0204) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jason Richart, of Richart Design, (Applicant) on behalf of Anthony Nardo (Owner), with respect to property located at 5109 Seashore Drive, and legally described as Lot 5 of Block 51 of the Ocean Front Tract (Property), requesting approval of a coastal development permit (CDP). 2. The Applicant proposes to demolish an existing 1,152-square-foot single-unit dwelling and to construct a new three-story, 1,973-square-foot, single-unit dwelling with an attached 433-square-foot, two-car, garage. The design also includes appurtenances such as site walls, drainage devices, and hardscape (Project). The Project complies with all development standards and no deviations from the Newport Beach Municipal Code (NBMC) are requested. All improvements authorized by this CDP will be located on private property. 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 – 20.0 - 29.9 DU/AC (RSD-D), and it is located within the Single-Unit Residential (R-1) Coastal Zoning District 5. A public hearing was held on May 29, 2025, online via Zoom. A notice of time, place, and purpose of the hearing was given in accordance with 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 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 of up to three single-unit residences and additions of up to 10,000 square feet to existing structures. The Project is to demolish an existing single Zoning Administrator Resolution No. ZA2025-031 Page 2 of 9 01-03-17 unit dwelling and construct a new single-unit dwelling in the R-1 Coastal Zoning District within a developed neighborhood. 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 2,472 square feet and the proposed floor area is 2,406 square feet. b. The proposed development complies with the required setbacks, which are 5 feet from West Ocean Front, 0 feet from Seashore Drive, and 3 feet along each side property line. c. The highest guardrail/parapet measured 23 feet, 3 inches feet from the established grade and the highest ridge measures 28 feet, 7.5 inches from the established grade. The Project complies with all height requirements. d. The Project provides a two-car garage, complying with the minimum garage requirement for a single-unit residence under 4,000 square feet of habitable area. e. The Project proposed a minimum top slab elevation of 13.97 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 for interior living areas of new structures. 2. The neighborhood is predominantly developed with two-story, single- and two-unit dwellings and some three-story dwellings. The proposed three-story residence’s design, bulk, and scale is consistent with the existing neighborhood pattern of development and expected future development. Zoning Administrator Resolution No. ZA2025-031 Page 3 of 9 01-03-17 3. The existing patio that encroaches into West Ocean Front was authorized by the Public Works Department pursuant to Appendix C (Oceanfront Encroachment Policy Guidelines) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC and will remain unchanged. The Coastal Commission retains permit jurisdiction oceanward of the subject property. Condition of Approval No. 12 specifies that any future improvements to this patio may require approval of an Approval in Concept (AIC) by the City and subsequent approval of a CDP by the Coastal Commission. Condition of Approval No. 32 requires the owner to obtain a new Oceanfront Encroachment Permit from the Public Works Department for the existing patio to remain. 4. The Property fronts the Pacific Ocean but is separated from the shoreline by a wide sandy beach and may be subject to coastal hazards such as flooding, runup, and erosion. A Coastal Hazards Report and Sea Level Rise Analysis was prepared for the project by Skelly Engineering, dated September 21, 2024. The report concludes that the project is reasonably safe from shoreline erosion due to the lack of waves or wakes that can erode sand from the beach. The report also concludes that the project will be reasonably safe from future sea level rise, assuming an increase up to 10.5 feet based on the North American Vertical Datum of 1988 (NAVD 88) (the likely range for sea level rise over the 75-year design life of the structure based on low-risk aversion estimates for sea level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update). The finished floor elevation for the first floor of the proposed structure is 13.97 NAVD 88, which complies with the minimum 9.0-foot NAVD 88 elevation standard for new structures and exceeds the minimum requirements for sea level rise (10.5 feet NAVD 88). Based on the data provided, the study concludes that coastal hazards will not impact the Property over the next 75 years and there is no anticipated need for a shore protection device over the life of the proposed development. 5. Pursuant to NBMC Section 21.30.030(C)(3)(i) (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 Owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with 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 that will need to be satisfied prior to final building inspection, and prior to the issuance of building permits, respectively. 6. The Property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and the CBC prior to building permit issuance. 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 Zoning Administrator Resolution No. ZA2025-031 Page 4 of 9 01-03-17 more than 75% of impervious surface area, a Water Quality Management Plan (WQMP) is required. A preliminary WQMP was prepared by Forkert Engineering & Surveying, Inc, dated October 22, 2024, and 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 a sandy beach and coastal waters. Pursuant to Section 21.35.030 (Construction Pollution Prevention Plan) of the NBMC, a Construction Erosion Control Plan (CPPP) is required. The CPPP will implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and 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. 9. The property is not located adjacent to a coastal view road or public viewpoint, as identified in the Coastal Land Use Plan (CLUP). The Project is located approximately 1,500 feet southwest of Sunset Ridge Park, which is identified as the nearest Public Viewpoint by the CLUP. The Project is approximately 1,300 feet from Superior Avenue with is designated as a Coastal View Road by the CLUP. Additionally, the Project may be located within the viewshed of other distant public viewing areas. Site evaluation revealed that the proposed three-story design is consistent with the existing neighborhood pattern of development and will not affect the existing views afforded from the surrounding streets. The Project replaces an aging beachfront dwelling with a new, three-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. The new dwelling is designed with balconies and decks that face the beach and ocean. The use of glass guardrails and windows allows the view of the Project’s façade from the beach to be softened. 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 nearest public road and the sea. 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 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. Zoning Administrator Resolution No. ZA2025-031 Page 5 of 9 01-03-17 2. The Property is located adjacent to an approximately 350-foot-wide public beach. Lateral access to the beach is available on Seashore Drive. The Property is located between 51st and 52nd Street, which are identified by the Coastal Land Use Plan as public beach access locations. The Project is located entirely within private property and does not include any features that would obstruct access or interfere with the existing 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 pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit filed as PA2024-0204, 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 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 29TH DAY OF MAY, 2025. Zoning Administrator Resolution No. ZA2025-031 Page 6 of 9 01-03-17 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. 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 Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained are 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. 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. Coastal Development Permit No. PA2024-0204 shall expire and become void unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the NBMC, unless an extension is otherwise granted. 8. Prior to the 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 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. ZA2025-031 Page 7 of 9 01-03-17 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. This Coastal Development Permit does not authorize any development seaward of the private property. 11. 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. 12. Any future improvements to the existing patio may require approval of a Approval in Concept by the City and subsequent approval of a Coastal Development Permit by the Coastal Commission. 13. Pursuant to Section 5.95.015 (Residential Properties Eligible for Short Term Lodging Permits) of the NBMC, the voluntary demolition of the existing structure will remove the existing nonconforming rights to the issuance of a short-term lodging permit (STLP). 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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- Zoning Administrator Resolution No. ZA2025-031 Page 8 of 9 01-03-17 invasive plant species and water efficient irrigation design. The plans shall be approved by the Planning Division. 20. 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. 21. 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, 1 or 2 short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 22. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the NBMC, 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. 23. 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. 24. Prior to the issuance of building permits, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 25. 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. Zoning Administrator Resolution No. ZA2025-031 Page 9 of 9 01-03-17 26. To the fullest extent permitted by law, 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 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 Nardolillo Residence including, but not limited to, Coastal Development Permit filed as PA2024-0204. 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 the City’s costs, attorneys’ fees, and damages which the 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 27. Prior to the 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. 28. Prior to the 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. 29. Prior to the issuance of building permits, the Applicant shall submit a soils report which include recommendations for construction on liquefiable soils. Additionally, the building foundation shall comply with the minimum requirements of the City of Newport Beach Building Code Policy CBC 1803.5.11-12. Fire Department 30. NFPA 13D fire sprinklers shall be installed. Public Works Department 31. The Applicant shall install a new sewer cleanout on the existing sewer lateral per City standard 406. 32. The Owner shall obtain a new Ocean Front Encroachment Permit.