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HomeMy WebLinkAboutZA2025-037 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLEUNIT DWELLING AND CONSTRUCT A NEW TWO-STORY SINGLE-UNIT DWELLING WITH AN ATTACHED THREE-CAR GARAGE LOCATED AT 127 SHORECLIFF ROAD (PA2025-0034)RESOLUTION NO. ZA2025-037 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 TWO-STORY SINGLE-UNIT DWELLING WITH AN ATTACHED THREE-CAR GARAGE LOCATED AT 127 SHORECLIFF ROAD (PA2025-0034) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Eric Olsen (Applicant), concerning property located at 127 Shorecliff Road and legally described as Lot 115 of Tact No. 1116 (Property), requesting approval of a coastal development permit (CDP). 2. The Applicant proposes the demolition of an existing single-unit dwelling and construction a 5,025-square-foot two-story single-unit dwelling with an attached 701-square-foot three- car garage. The project also includes the installation of landscaping, hardscaping, and site walls. The project complies with all applicable development standards and no deviations are requested. The CDP authorizes improvements within private property as well as some portions within the public right of way, such as the front yard and driveway (Project). 3. The Property is designated Single Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Single-Unit Residential (R-1-6000) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan (CLUP) category is Single Unit Residential Detached – (0.0 – 5.9 DU/AC) (RSD-A) and it is located within the Single-Unit Residential (R-1-6000) Coastal Zoning District. 5. A public hearing was held on June 26, 2025, 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. 2. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor Zoning Administrator Resolution No. ZA2025-037 Page 2 of 9 modification are made in the exterior of the structures. Class 3 also exempts the demolition of up to three single-unit dwellings and additions of up to 10,000 square feet to existing structures and allows the construction or conversion of up to three single-unit dwellings. In this case, the Project consists of the demolition of one single-unit dwelling and the construction of a new 5,025-square-foot, single-unit dwelling, and attached 701square-foot three-car garage. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project 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 (LCP). 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 site coverage is 60% (7,825.2 square feet of the 13,042-square-foot lot) and the proposed site coverage is 26.2% (3,420 square feet). b. The Project provides the minimum required setbacks, which are 25 feet along the front property line abutting Shorecliff Road, 6 feet along each side property line, and 6 feet along the rear property line. c. The highest flat roof element does not exceed the maximum 24 feet from the established grade and the highest sloping roof complies with the maximum height requirements. Additionally, the finished floor elevation of the proposed single-unit unit dwelling is 74.50 feet North American Vertical Datum of 1988 (NAVD 88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard for new structures. d. The Project includes garage parking for a total of three vehicles, complying with the minimum three-car garage parking requirement for single-unit dwellings with 4,000 square feet or more of habitable floor area. Zoning Administrator Resolution No. ZA2025-037 Page 3 of 9 2. The neighborhood is predominantly developed with one- and two-story, single-unit dwellings. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development. 3. The Property is located approximately 300 feet from 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. 4. 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 and Hydrology Plan (WQHP) and/or Water Quality and Management Plan (WQMP) is required. A preliminary WQMP has been prepared for the Project by DZN Engineering dated, April 2, 2025. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, the use of a Low Impact Development (LID) approach to retain the design storm runoff volume on- site, and documentation of the expected effectiveness of the proposed BMPs. The final priority WQMP shall be reviewed and approved by the Building Division during plan check. 5. Proposed landscaping complies with Section 21.30.075 (Landscaping) of the NBMC. 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. 6. The Project is not located adjacent to a coastal view road, public access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan (CLUP). The nearest coastal viewpoint is on Inspiration Point Park, which is approximately 1,715 feet west of the Property, and is not visible from the Property. As currently developed, the Property and other residences along Shorecliff Road are not located within the view shed of the park. Additionally, the Property includes a 10-foot easement for storm drain purposes on the eastern side of the property that is improved with a private, gated walkway leading to a small coastal viewing area. This easement was recorded in 1966, and its improvements were made prior to the enactment of the California Coastal Act. Furthermore, the private walkway and viewing area are not considered public access points, as identified in the CLUP. Therefore, the Project complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. The Project also does not contain any unique features that could degrade the visual quality of the coastal zone. Zoning Administrator Resolution No. ZA2025-037 Page 4 of 9 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. Fact in Support of Finding: 1. The Property is located between the nearest public road and the sea or shoreline. 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 Project’s impact and be proportional to the impact. In this case, the Project replaces an existing single-unit dwelling located on a R-1-6000 lot with a new single-unit dwelling. Therefore, the Project does not involve a change in land use, density, or intensity that will result in increased demand 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. The Project is not located near a Public Beach Access point as identified in the CLUP. Vertical access to the beach is available approximately 500 feet west of the Property along East Coast Highway and the southern end of Poppy Avenue. The southern end of Poppy Avenue connects to Glen Drive which provides access to an existing pedestrian trail to the beach. Lateral access is also available from Poppy Avenue and Ocean Boulevard through Inspiration Point Park which is approximately 1,715 feet west of the Property. The park is adjacent to a public sidewalk that offers coastal views and connects to Corona Del Mar State Beach through an existing pedestrian walkway. As previously noted in Fact in Support of Finding A(6), the property includes a 10-foot easement for storm drain purposes that is improved with a private, gated walkway leading to a small coastal viewing area. This easement was recorded in 1966, and its improvements were made prior to the enactment of the California Coastal Act. Furthermore, the private walkway and viewing area are not considered public access points, as identified in the CLUP. Given that the Property is located 500 feet away from these public beach access points, 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 the Coastal Development Permit (PA2025-0034) subject to the conditions outlined in Exhibit “A,” which is attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2025-037 Page 5 of 9 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. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF JUNE, 2025. Zoning Administrator Resolution No. ZA2025-037 Page 6 of 9 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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 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. 3. 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. 4. 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. 5. 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. 6. Prior to the issuance of a building permit, the final WQHP/WQMP shall be reviewed and approved by the Building Division. The implementation shall comply with the approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 7. 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. 8. 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 beach, wetlands or their buffers. No demolition or construction materials shall be stored on public 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: Zoning Administrator Resolution No. ZA2025-037 Page 7 of 9 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. 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 the Property or improvements in the vicinity or if the Property is operated or maintained to constitute a public nuisance. Zoning Administrator Resolution No. ZA2025-037 Page 8 of 9 18. 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. 19. 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, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 20. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Regulations) of the NBMC and other applicable noise control requirements of the NBMC. 21. 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. 22. 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 NBMC, unless an extension is otherwise granted. 23. 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 the City’s approval of Alvarado Residence, including but not limited to, Coastal Development Permit No. PA2025-0034. 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. Public Works Department 24. The proposed driveway shall be constructed per City Standard 162. 25. All existing unpermitted encroachments within the Shorecliff Road public right of way shall be removed. Zoning Administrator Resolution No. ZA2025-037 Page 9 of 9 26. A new sewer clean out on the existing sewer lateral shall be installed per City Standard 406. 27. The proposed decorative encroachments within the Shorecliff Road right of way and storm drain easement shall comply with City Council Policy L-6 and require an encroachment permit and encroachment agreement. 28. Structural encroachments shall not be permitted within the limits of the storm drain easement, except the second-floor roof overhang. 29. Landscaping within the limits of the storm drain easement shall be low growing and shall not impact the existing storm drain. 30. All improvements shall be constructed as required by Ordinance and the Public Works Department. 31. An encroachment permit shall be required for all work activities within the public right of- way. 32. The existing broken and/or otherwise damaged concrete curb and gutter along the Shorecliff Road frontage shall be reconstructed. 33. A new 36-inch box street tree along the Shorecliff Road frontage shall be installed. Species and location shall comply with City Council Policy G-6. 34. Additional reconstruction within the public right of-way could be required at the discretion of the Public Works Inspector if damage has been done to public improvements surrounding the development site by the private construction. Fire Department 35. A residential fire sprinkler system shall be required and shall comply with NFPA13D. Building Division 36. The fireplace shall be direct vent, gas, and have sealed combustion which complies with the California Residential Code & California Energy Code.