HomeMy WebLinkAbout04_Faerber Residence CDP_PA2020-029CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 25, 2020
Agenda Item No. 4
SUBJECT:Faerber Residence (PA2020-029)
Coastal Development Permit No. CD2020-013
SITE LOCATION:405 Cortes Circle
APPLICANT:Architectural Design Solutions
OWNER:Dr. Wade and Cynthia Faerber
PLANNER:Liane Schuller, Planning Consultant
949-644-3200, lschuller@newportbeachca.gov
LAND USE AND ZONING
General Plan:RS-D (Single-Unit Residential Detached)
Zoning District: R-1-6000 (Single-Unit Residential)
Coastal Land Use Category: RSD-A (Single-Unit Residential Detached) (0.0-5.9
DU/AC)
Coastal Zoning District: R-1-6000 (Single-Unit Residential)
PROJECT SUMMARY
A request for a coastal development permit to enclose two existing 65-square-foot covered
decks on the main and lower floor levels of an existing single-family home in order to enlarge
two existing adjacent bedrooms, and to construct a 210-square-foot upper level addition.
The existing development is legal nonconforming because the existing covered decks
extend beyond the allowable development area identified in the Canyon Overlay District. As
such, the project includes a request for relief from Newport Beach Municipal Code (NBMC)
Title 21 (Local Coastal Program Implementation Plan), pursuant to Section 21.52.090 (Relief
from Implementation Plan Development Standards). The proposed project complies with all
other applicable development standards and no new development is proposed outside of
the footprint of the existing structure.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) 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; and
3) Adopt draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2020-013 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject property in the R-1-6000 (Single-Unit Residential) Coastal Zoning
District, which provides for detached single-unit residential development and is
consistent with the allowed uses of the City’s General Plan, Zoning Code and Local
Coastal Program. A coastal development permit is required due to the request to
deviate from development standards, and the property is not eligible for a waiver for
de minimis development because the property is in the Coastal Commission Appeal
Area.
The property is currently developed with a two-story, 3,606-square-foot, single-family
residence that has a roof deck and a 540-square-foot, attached two-car garage. The
existing residence was permitted in 2000 and subsequently constructed. The
applicant desires to enclose two existing 65-square-foot covered decks on the main
and lower floor levels to enlarge two existing adjacent bedrooms. The decks are
already partly enclosed with a solid railing and roof. The project simply involves
enclosing the space between the solid railing and the roof, and removing the wall and
existing glass doors separating the bedroom and deck area.
The existing residence is a legal nonconforming structure because portions of the
development extend beyond the allowable development area identified in Policy
4.4.3-18 of the Coastal Land Use Plan and the Implementation Plan Canyon Overlay
District provided in NBMC Section 21.28.050. The policy and regulation require the
establishment of canyon development setbacks based upon the predominant line of
existing development. The policy and regulation go farther and prohibit development
beyond the predominant line of existing development by establishing a development
stringline drawn between nearest adjacent development. Development stringlines
are to be established for principal structures and accessory improvements and
structures. This Coastal Land Use Plan policy was certified by the Coastal
Commission in late 2005. The Implementation Plan was certified by the Coastal
Commission in late 2016. The existing structure pre-dates the policy and regulation.
The applicant also desires to construct a 210-square-foot addition on the upper level.
As this addition will increase the existing overall height of the structure by more than
10 percent, a coastal development permit is required. The addition complies with the
stringline setback and maintains the appearance of two stories from the street.
The proposed project will conform to all applicable Title 20 and Title 21 development
standards, including floor area limit, setbacks, height and parking, as evidenced by
the project plans and illustrated in Table 1 below.
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Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front
5 feet
5 feet (no change)
Side 6 feet each 6 feet each (no change)
Rear**6 feet
99 feet (no change to existing
condition)
Allowable Floor Area
(max.)
10,370 square feet 4,486 square feet
Parking (min.) 2 enclosed 2 enclosed
Height (max.)
Flat
Sloped
24-foot flat roof
29-foot sloped roof
22-foot flat roof
** Canyon Stringline also applies. Stringline bisects existing development.
As noted, the existing residence was constructed in 2001, prior to the adoption and
implementation of the City's Local Coastal Program (LCP) and Canyon Overlay
District. The canyon development setback drawn consistent with the LCP bisects the
existing residence. Nearly one-half of the existing structure extends beyond the
currently applicable canyon stringline.
The existing residence is considered legal, nonconforming due to noncompliance
with the applicable canyon stringline. Section 2.2.5 of the City’s Coastal Land Use
Plan sets forth policies related to existing nonconforming structures. Policy 2.2.5-1
specifically allows limited renovations that improve the physical quality and character
of a structure provided such renovations do not involve demolition or replacement of
50 percent or more of the nonconforming exterior walls and do not increase the
degree of the structure’s nonconformity. The project involves enclosing two existing
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covered decks above the ground level and within the existing structural envelope,
with no grading, development or further encroachment beyond the applicable
stringline. The deck floor and solid railing will remain in place, and approximately 66
square feet of exterior wall area separating the bedroom and deck area will be
removed. The addition to the upper level is limited in size and is within the principal
structure stringline. Therefore, the project will have no detrimental effect on
environmental or visual coastal resources that the stringline is intended to protect.
Pursuant to Newport Beach Municipal Code (NBMC) Section 21.38.040(C),
nonconforming structural elements of a primary structure (excepting foundation) may
be modified provided the degree of nonconformity is not increased. The proposed
project will occur within the confines of the existing structural footprint above the
ground level and will not increase the existing degree of nonconformity.
Section 21.52.090 of the NBMC provides standards and approval findings for relief
from the development standards of the Implementation Plan when doing so is
consistent with the purpose of the certified Local Coastal Program and will not have
an adverse effect on coastal resources. Approval findings include a determination
that there are practical difficulties and special circumstances associated with the
property, and that the approval will not negatively affect environmental or coastal
resources. Staff believes all required findings for approval can be made and is
recommending approval for the reasons detailed in the attached draft resolution.
Hazards
Pursuant to Section 21.30.015(D)(3)(c) of the NBMC, the property owner will be
required to acknowledge any hazards present at the site and unconditionally waive
any claim to damage or liability against the decision authority prior to the issuance of
building permits for construction.
The property in an area known for the potential for seismic activity. 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 a
building permit. 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 prior to building permit issuance.
Public Access
The project site is located north of Pacific Coast Highway, approximately one-half
mile from the coast. The site is not located between the nearest public road and the
sea or shoreline, and the project will not affect the public’s ability to gain access to
use and/or view the coast and nearby recreational facilities.
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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 involves minor additions within the structural
footprint of an existing single-family residence located on a lot in the Coastal Zone.
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.
Furthermore, the project site is located north of Pacific Coast Highway,
approximately one-half mile from the coast. Therefore, coastal access conditions
will not be affected by the project. Coastal access is currently provided and will
continue to be provided by street ends throughout the neighborhoods located south
of Pacific Coast Highway with access to the coast.
The project site is not located adjacent to a coastal view road or coastal viewpoint
identified by Local Coastal Program maps. The project site may be located within
the viewshed of distant public viewing areas; however, the project is limited to
minor additions within the established structural footprint and complies with all
applicable LCP development standards. 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.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) 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. The Class 1 exemption includes minor additions to
existing private structures.
The proposed project involves enclosing two existing 65-square-foot covered decks on the
main and lower floor levels to enlarge two existing adjacent bedrooms and constructing a
210-square-foot upper level addition.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
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Development Director in accordance with the provisions of Title 21 (Local Coastal Program
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 of the
City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
BMZ/ls
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant’s Justification
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2020-013 FOR MINOR ADDITIONS
TO AN EXISTING SINGLE-FAMILY RESIDENCE AND GRANTING
RELIEF FROM THE DEVELOPMENT STANDARDS OF THE LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN AT 405 CORTES
CIRCLE (PA2020-029)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Architectural Design Solutions (“Applicant”), with respect
to adding 340 square feet of habitable area to the existing residential property located at
405 Cortes Circle, and legally described as Lot 66, Tract 1237 requesting approval of a
coastal development permit.
2.The Applicant proposes to enclose two (2) existing 65-square-foot covered decks on
the main and lower floor levels to enlarge two (2) existing adjacent bedrooms, and to
construct a 210-square-foot upper level addition, thereby adding 340 square feet of
habitable area to the existing residence. No change is proposed to the footprint of the
existing structure.
3.The existing legal nonconforming development predates the City's Local Coastal
Program and adopted Canyon Overlay District, and the existing decks extend beyond
the currently applicable Canyon Stringline. Pursuant to Newport Beach Municipal Code
(NBMC) Section 21.38.040(C), nonconforming structural elements of a primary
structure (excepting foundation) may be modified provided the degree of nonconformity
is not increased. The proposed project will occur within the confines of the existing
structural footprint and will not increase the existing degree of nonconformity.
4.The subject property is located within the R-1-6000 (Single-Unit Residential) Zoning
District and the General Plan Land Use Element category is RS-D (Single-Unit
Residential Detached).
5.The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-A (Single Unit Residential Detached) (0.0 - 5.9 DU/AC) and the
Coastal Zoning District is R-1-6000 (Single-Unit Residential).
6.A public hearing was held on June 25, 2020, in the Corona del Mar Conference Room,
Bay 1E located at 100 Civic Center Drive, Newport Beach, California, due to the
Declaration of a State of Emergency and Proclamation of Local Emergency related to
COVID-19. 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.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is categorically exempt from the California Environmental Quality Act (“CEQA”)
pursuant to Section 15301 under Class 1 (Existing Facilities) 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. Class 1 exempts additions of up to 10,000 square feet where public services and utilities
are available and the area is not considered environmentally sensitive. The proposed
project is limited to enclosing two (2) existing 65-square-foot covered decks on the main
and lower floor levels to enlarge two (2) existing adjacent bedrooms, and to construct a 210-
square-foot upper level addition, thereby adding 340 square feet of habitable area to the
existing residence. The proposed area of work is not within an environmentally sensitive
area.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits) 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 proposed structure conforms to all applicable development standards including, but
not limited to, site coverage limitation, setbacks, height, and parking:
a. The maximum floor area limitation is 10,370 square feet and the proposed gross
floor area is 4,486 square feet.
b. The proposed development will provide the required setbacks, which are 5 feet
along the front property line, 6 feet along the side property lines, and 6 feet along
the rear property line.
c. The project complies with the maximum height limitation. The highest flat roof or
parapet of the upper level addition is 5.5 feet below the maximum height limit of 24
feet, measured from established grade at every point as required by Zoning Code
Section 20.30.050(B)(3).
d. The project includes existing garage parking for two (2) vehicles, which complies
with the minimum two (2)-space parking requirement for single-family residences
with less than 4,000 square feet of livable floor area. The existing living area is
3,606-square-feet and the proposed living area is 3,946-square-feet.
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2. The proposed design, bulk, and scale of the development is consistent with the existing
neighborhood’s pattern of development and expected future development consistent with
applicable development standards. The upper level addition complies with the stringline
setback and maintains the appearance of two (2) stories from the street.
3. The project will be required to comply with the California Building Code (CBC) and Building
Division standards and policies.
4. As conditioned, the property 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 Section 21.30.015(D)(3)(c) of the NBMC prior to the
issuance of building permits for construction.
5. The property is not located near coastal view roads and is not located near any identified
public viewpoints; therefore, the project will not negatively impact public coastal views.
Finding:
B. Conforms to the public access and public recreation policies of Chapter 3 of the Coastal Act
if the project is located between the nearest public road and the sea or shoreline of any body
of water located within the coastal zone.
Facts in Support of Finding:
1. The project site is located north of Pacific Coast Highway, approximately one-half mile from
the coast. The site is not located between the nearest public road and the sea or shoreline,
and the project will not affect the public’s ability to gain access to use and/or view the coast
and nearby recreational facilities.
2. 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 involves minor additions within the structural envelope of an existing single-family
residence located on a lot in the Coastal Zone. 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. Furthermore, the project site is located north of Pacific Coast
Highway, approximately one-half mile from the coast. Therefore, coastal access
conditions will not be affected by the project. Coastal access is currently provided and will
continue to be provided by street ends throughout the neighborhoods located south of
Pacific Coast Highway with access to the coast.
3. The project site is not located adjacent to a coastal view road or coastal viewpoint
identified by Local Coastal Program maps. The project site may be located within the
viewshed of distant public viewing areas; however, the project is limited to enclosing two
(2) small decks within the established structural footprint and building envelope and
complies with all applicable Local Coastal Program (LCP) development standards.
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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:
C. The granting of the modification is necessary due to practical difficulties associated with the
property and the strict application of the Implementation Plan results in physical hardships.
Facts in Support of Finding:
1. The existing residence was constructed approximately 20 years ago, prior to the LCP and
Canyon Overlay District, which became effective in 2017. Nearly one-half of the existing
structure extends beyond the subsequently adopted canyon stringline, creating practical
difficulties in renovating the existing structure.
2. The strict application of the canyon stringline results in physical hardships inconsistent with
the intent and purpose of the LCP. The enclosing of existing covered decks above the
ground level and within the existing structural envelope has no detrimental effect on
environmental or visual resources that the canyon stringline is intended to protect. Section
21.52.090(B)(1) of the NBMC specifically allows modification or waiver of development
standards through approval of a coastal development for projects that will not have an
adverse effect on coastal resources.
Finding:
D. The modification complies with the findings required to approve a coastal development
permit in Section 21.52.015(F).
Facts in Support of Finding:
1. The project conforms to applicable sections of the LCP in that the proposed work will occur
within the confines of the existing structural footprint above the ground level and will not
increase the existing degree of nonconformity. No grading or further encroachment beyond
the applicable stringline will occur. Therefore, the project will have no detrimental effect on
coastal resources that the stringline is intended to protect.
2. The project site is not located between the nearest public road and the sea or shoreline. The
project site is located north of Pacific Coast Highway, approximately one-half mile from
the coast.
3. All Facts in Support of Findings A and B above are hereby incorporated by reference.
Finding:
E. The modification will not result in development that blocks or significantly impedes public
access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs.
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Facts in Support of Finding:
1. Public coastal access conditions will not be affected by the project. The property is located
north of Pacific Coast Highway, approximately one-half mile from the coast. Coastal access
is currently provided and will continue to be provided by street ends throughout
neighborhoods located south of Pacific Coast Highway with access to the coast. There are
no public trails located on the project site.
2. Facts in Support of Finding B.1 and B.2 are hereby incorporated by reference.
Finding:
F. The modification will not result in development that blocks or significantly impairs public views
to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas.
Fact in Support of Finding:
1. Fact in Support of Finding B.3 is hereby incorporated by reference.
Finding:
G. The modification will not result in development that has an adverse effect, either individually
or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation, or
wildlife species.
Facts in Support of Finding:
1. The covered decks to be enclosed are located within the already developed area of the
property and within the existing structural envelope. No new development or grading is
proposed outside of the existing structural footprint and the project will not impact any
coastal resources, which the stringline setback is intended to protect.
2. Site-specific conditions, including the location of the property at the end of the Cortes Circle
cul-de-sac and the location of existing improvements that establishes the canyon stringline
for the project site, are unique to this property and, therefore, do not establish a precedent
for approval of other requests that would contribute to cumulative adverse effects on coastal
resources.
Finding:
H. The granting of the modification will not be contrary to, or in conflict with, the purpose of this
Implementation Plan, nor to the applicable policies of the certified Local Coastal Program.
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Facts in Support of Finding:
1. Approval of the coastal development permit will not be contrary to the applicable policies of
the City’s Coastal Land Use Plan intended to protect coastal resources. Policy 2.2.5-1
specifically allows limited renovations to existing nonconforming structures that improve the
physical quality and character of a structure provided such renovations do not involve
demolition or replacement of 50 percent or more of the nonconforming exterior walls and do
not increase the degree of the structure’s nonconformity. The project involves enclosing
existing covered decks within the existing structural envelope above the ground level, with
no grading or further encroachment beyond the applicable stringline.
2. The granting of the coastal development permit to allow the enclosing of two (2) existing
covered decks within the existing building envelope is consistent with NBMC Section
21.52.090, which provides for relief from development standards for projects that will have
no detrimental effect on environmental or visual coastal resources.
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 CEQA pursuant to Section 15301 under Class 1 (Existing
Facilities) 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 No. CD2020-013, 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 in accordance with the provisions of Title 21 Local Coastal
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 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 25th DAY OF JUNE, 2020.
____________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor plans
and building elevations stamped and dated with the date of this approval (except as modified
by applicable conditions of approval). There shall be no further encroachment that extends
beyond the current structural footprint of the residence.
2. Revisions to the approved plans shall require separate review by the Planning Division
and may require an amendment to this Coastal Development Permit or the processing of
a new coastal development permit.
3. Prior to the issuance of a building permit, the property owner shall provide a notarized,
signed letter acknowledging all hazards present at the site, assuming the risk of injury or
damage from such hazards, unconditionally waiving any claims of damage against the
City from such hazards, and to indemnify and hold harmless City, its City Council, its
boards and commissions, officials, officers, employees and agents from and against any
and all claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgements, 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. The letter shall be scanned into the plan set prior to building permit
issuance.
4. 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. No demolition or construction materials shall be stored on public
property.
5. 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
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when it is safe to commence construction activities. If an active nest is found, one (1) or
two (2) short follow-up surveys will be necessary to check on the nest and determine
when the nest is no longer active.
6. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be
implemented prior to and throughout the duration of construction activity as designated in
the Construction Erosion Control Plan.
7. 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.
8. 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.
9. 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.
10. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
11. 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.
12. 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 is 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.
13. Prior to 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.
14. Prior to issuance of a building permit, the Applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Coastal
Development file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict
the elements approved by this Coastal Development Permit.
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15. Prior to the issuance of building permit, the Applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
16. 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.
17. Coastal Development Permit No. CD2020-013 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.
18. 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 Faerber Residence including, but not limited to Coastal Development Permit
No. CD2020-013 (PA2020-029). 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.
16
Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Coastal Development Permit No. CD2020-013
PA2020-029
405 Cortes Circle
Subject Property
18
Attachment No. ZA 3
Applicant’s Justification
19
20
21
22
Attachment No. ZA 4
Project Plans
23
M A R K S. D W Y E RA R C H I T E C T U R A L D E S I G N S O L U T I O N SA R C H I T E C TN C A R BFaerber residential remodel / addition24
25
26
27
28
29
30
31
15'-0"16'-0"32
15'-0"16'-0"33
1
From:CDD
Sent:Wednesday, June 24, 2020 12:53 PM
To:Murillo, Jaime
Cc:Palencia, Ketshy
Subject:FW: Public Hearing comments Faerber residence 405 Cortes Circle
From: Julie Means <means4us@gmail.com>
Sent: Wednesday, June 24, 2020 11:53 AM
To: CDD <CDD@newportbeachca.gov>
Cc: Schuller, Liane(Contractor) <lschuller@newportbeachca.gov>
Subject: Public Hearing comments Faerber residence 405 Cortes Circle
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Dear Zoning Administrator, We received a notice about the potential changes to the Faerber residence located at 405
Cortes Circle, Corona del Mar. We live across and diagonally from the residence.
The Faerbers have a beautiful home and we understand their desire to expand it to suit their family’s needs. We would
like to continue to be good neighbors to those that share the beauty of Buck Gully, the Pacific Ocean, and our wonderful
community of Corona del Mar.
We are concerned about the impact on our view and potential property value of our home due to the construction on
the top level of their home and the proposed 215 foot structure. It is difficult to imagine how this might impact our
property value without seeing some sort of visual marker.
We understand that the city does not guarantee views for private residences, however, we would like to see how this
additional structure on top along with the variance that is requested for the addition of the bedrooms might look as a
complete project.
We would like to see a temporary physical representation of the proposed structures before we are able to understand
and assess how it could potentially impact our view and property values.
We would like to suggest the use of story poles to assist us in visualizing the actual addition on the third story along with
the additions to the bedrooms.
We respectfully and politely request a continuance of this project with extra conditions to allow us to evaluate the
potential impact of the project.
While the home may look like a simple two story home from the street side, from our side it looks like a much bigger
structure.
Please see the attached photos to see visual representation of the view from our home. The photos were taken from the
exterior and interior of our home.
We are emailing you our concerns as we are unable to attend the actual public hearing due to work and community
volunteer commitments.
Zoning Administrator - June 25, 2020
Item No. 4a Additional Materials Received
Faerber Residence Coastal Development Permit (PA2020-029)
2
Thank you very much for this opportunity to express our views.
Sincerely,
J.R and Julie Means
544 Hazel Dr.
Corona del Mar
Cell: 949-500-2406
Zoning Administrator - June 25, 2020
Item No. 4a Additional Materials Received
Faerber Residence Coastal Development Permit (PA2020-029)
3
Zoning Administrator - June 25, 2020
Item No. 4a Additional Materials Received
Faerber Residence Coastal Development Permit (PA2020-029)
4
Zoning Administrator - June 25, 2020
Item No. 4a Additional Materials Received
Faerber Residence Coastal Development Permit (PA2020-029)
5
Zoning Administrator - June 25, 2020
Item No. 4a Additional Materials Received
Faerber Residence Coastal Development Permit (PA2020-029)
June 25, 2020, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660
(949-548-6229)
Item 4. Faerber Residence Coastal Development Permit No. CD2020-013
(PA2020-029)
A staff report for what appears to have been an earlier proposal was posted for agenda Item No. 6
on April 30, 2020, but taken off calendar. Although the undated “Applicant’s Justification”
(Attachment ZA 3) does not see m to have changed, comparing Table 1 with the same table in the
earlier report, the present proposal involves 211 square feet more floor area, but has a 2-foot lower
roof.
The staff report does not make clear if there is a Coastal Development Permit for th e existing
development, to which this might be a modification.
From the “Applicant’s Justification” letter, it appears the applicant feels development should follow
the natural contours of the canyon, and to the extent the stringline concept does not follow those
contours, applying the stringline rule is unfair and improperly burdens impacted property owners.
Unfortunately for the applicant, following the contours is not the City’s policy, and applying the
stringline rule, while burdening them and allo wing less development than might be possible without
it, does not appear to deny them the economic enjoyment of their parcel.
I personally see little detriment in enclosing the existing covered patios, however it is difficult to
see how adding floor area to a part of a non-conforming structure where floor area is not
currently allowed could not be seen as increasing the degree of non-conformity.
Yet the staff report (page 4) cites NBMC Section 21.38.040(C) as requiring, for consistency with
the LCP, no increase in non-conformity.
Based on the preceding observation, it is difficult to accept the statements that there is no increase
in non-conformity in Section 1.3 (page 8), Fact D.1 (page 11) and Fact H.1 (page 13) of the
proposed resolution.
I am also struggling to understand how adding the roof-top “Craft Room Addition” shown on page
31 results, according to Table 1 on page 3, that is 2 feet lower (“22-foot flat roof”) than it was in the
proposal without the addition presented on April 30 (“24 -foot flat roof”). And the roof -top addition is
not mentioned in the “Applicant’s Justification” letter, which does not seem to have been updated.
Further regarding the present staff report and resolution:
Handwritten page 2, end of third bullet from end: “The Implementation Plan was certified by the
Coastal Commission in late 2016 early 2017.” [I believe the Implementation Plan was certified at
the Coastal Commission’s January 2017 meeting.]
Handwritten page 8, Section 1.3: “The existing legal nonconforming development predates
certification of the City's Local Coastal Program and adopted Canyon Overlay District, and the
existing decks extend beyond the currently applicable Canyon Stringline.” [The existing
development does not predate the City’s Coastal Land Use Plan and its policies, which date back
to the 1980’s.]
Zoning Administrator - June 25, 2020
Item No. 4b Additional Materials Received
Faerber Residence Coastal Development Permit (PA2020-029)
Handwritten page 8, Section 1.6: “A public hearing was held on June 25, 2020, in the Corona del
Mar Conference Room, Bay 1E located at 100 Civic Center Drive, New port Beach, California,
observing restrictions due to the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19.”
[As proposed, “due to” implies the declaration and proclamation were responsible for the
hearing being held at an unusual location. Since this conference room is the normal hearing
location, I don’t think the “due to” clause is needed at all unless it was intended to acknowledge
the special access and social distancing measures applied as a result of the emergency.]
Handwritten page 9, Fact A.1.b: “The proposed development will provide the required setbacks,
which are 5 feet along the front property line, 6 feet along the side property lines, and 6 feet along
the rear property line.” [This seems a bit disingenuous when then Implementation Plan requires
structures to also be set back from the stringline. If it includes that, it is inaccurate as to the patio
enclosures.]
Handwritten page 9, Fact A.1.c: “The project complies with the maximum height limitat ion. The
highest flat roof or parapet of the upper level addition is 5.5 feet below the maximum height limit of
24 feet, measured from established grade at every point as required by Zoning Code Section
20.30.050(B)(3) Implementation Plan Section 21.30.050(B)(3).” [See comments, below on pages
32 and 33. The cited section applies to lots with more than five percent slope, and involves a
complex procedure. No topographic survey is included in the staff report, and I am unable to find
any indication this procedure was applied. Instead, the applicant appears to have relied on the
single-point, horizontal plane procedure of Section 21.30.050(B)(2 ).]
Handwritten page 32: The applicant has provided heights “AMSL” (above mean sea level). This is
confusing when the City’s standard reference point for heights is NAVD 88.
Also, in reporting the height of the “Craft Room Addition” above grade, the applicant seems to have
arbitrarily chosen a single point rear its middle. I believe the City’s height standard applies to the
roof’s highest point above grade, which would be at its downslope edge. Normally such diagrams
would include a line, following the grade slope, representing the code -required height envelope
that cannot be penetrated by the manmade structures (as well as a line showing the established
grade). Without such a line, it is difficult to assess the height compliance of this structure.
Is it true that this steeply sloping lot does not have a sloping grade, but rather a single, flat
established grade of 96.50’ as claimed in the diagrams on pages 32 and 33?
Zoning Administrator - June 25, 2020
Item No. 4b Additional Materials Received
Faerber Residence Coastal Development Permit (PA2020-029)
RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2020-013 FOR MINOR ADDITIONS
TO AN EXISTING SINGLE-FAMILY RESIDENCE AND GRANTING
RELIEF FROM THE DEVELOPMENT STANDARDS OF THE LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN AT 405 CORTES
CIRCLE (PA2020-029)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Architectural Design Solutions (“Applicant”), with respect
to adding 340 square feet of habitable area to the existing residential property located at
405 Cortes Circle, and legally described as Lot 66, Tract 1237 requesting approval of a
coastal development permit.
2.The Applicant proposes to enclose two (2) existing 65-square-foot covered decks on
the main and lower floor levels to enlarge two (2) existing adjacent bedrooms, and to
construct a 210-square-foot upper level addition, thereby adding 340 square feet of
habitable area to the existing residence. No change is proposed to the footprint of the
existing structure.
3.The existing legal nonconforming development predates the City's Local Coastal
Program and adopted Canyon Overlay District, and the existing decks extend beyond
the currently applicable Canyon Stringline. Pursuant to Newport Beach Municipal Code
(NBMC) Section 21.38.040(C), nonconforming structural elements of a primary
structure (excepting foundation) may be modified provided the degree of
nonconformity is not increased. The proposed project will occur within the confines of the
existing structural footprint and will not increase the existing degree of nonconformity.
4.The subject property is located within the R-1-6000 (Single-Unit Residential) Zoning
District and the General Plan Land Use Element category is RS-D (Single-Unit
Residential Detached).
5.The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-A (Single Unit Residential Detached) (0.0 - 5.9 DU/AC) and the
Coastal Zoning District is R-1-6000 (Single-Unit Residential).
6.A public hearing was held on June 25, 2020, in the Corona del Mar Conference Room,
Bay 1E located at 100 Civic Center Drive, Newport Beach, California, observing
restrictions due to the Declaration of a State of Emergency and Proclamation
of Local Emergency related to COVID-19. 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.
Zoning Administrator - June 25, 2020
Item No. 4c Additional Materials Received After Deadline - Staff
Faerber Residence Coastal Development Permit (PA2020-029)
Zoning Administrator Resolution No. ZA2020-###
Page 2 of 10
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is categorically exempt from the California Environmental Quality Act (“CEQA”)
pursuant to Section 15301 under Class 1 (Existing Facilities) 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. Class 1 exempts additions of up to 10,000 square feet where public services and utilities
are available and the area is not considered environmentally sensitive. The proposed
project is limited to enclosing two (2) existing 65-square-foot covered decks on the main
and lower floor levels to enlarge two (2) existing adjacent bedrooms, and to construct a 210-
square-foot upper level addition, thereby adding 340 square feet of habitable area to the
existing residence. The proposed area of work is not within an environmentally sensitive
area.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits) 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 proposed structure conforms to all applicable development standards including, but
not limited to, site coverage limitation, setbacks, height, and parking:
a. The maximum floor area limitation is 10,370 square feet and the proposed gross
floor area is 4,486 square feet.
b. The proposed development will provide the required setbacks, which are 5 feet
along the front property line, 6 feet along the side property lines, and 6 feet along
the rear property line.
c. The project complies with the maximum height limitation. The highest flat roof or
parapet of the upper level addition is approximately 45.5 feet below the maximum
height limit of 24 feet, measured from established grade at every point as required
by Implementation PlanZoning Code Section 201.30.050(B)(3).
d. The project includes existing garage parking for two (2) vehicles, which complies
with the minimum two (2)-space parking requirement for single-family residences
with less than 4,000 square feet of livable floor area. The existing living area is
3,606-square-feet and the proposed living area is 3,946-square-feet.
Zoning Administrator - June 25, 2020
Item No. 4c Additional Materials Received After Deadline - Staff
Faerber Residence Coastal Development Permit (PA2020-029)
Zoning Administrator Resolution No. ZA2020-###
Page 3 of 10
2. The proposed design, bulk, and scale of the development is consistent with the existing
neighborhood’s pattern of development and expected future development consistent with
applicable development standards. The upper level addition complies with the stringline
setback and maintains the appearance of two (2) stories from the street.
3. The property is not located within an area identified as hazardous due to erosion factors or
coastal hazards. The project will be required to comply with the California Building Code
(CBC) and Building Division standards and policies.
4. As conditioned, the property 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 Section 21.30.015(D)(3)(c) of the NBMC prior to the
issuance of building permits for construction.
5. The property is not located near coastal view roads and is not located near any identified
public viewpoints; therefore, the project will not negatively impact public coastal views.
Finding:
B. Conforms to the public access and public recreation policies of Chapter 3 of the Coastal Act
if the project is located between the nearest public road and the sea or shoreline of any body
of water located within the coastal zone.
Facts in Support of Finding:
1. The project site is located north of PacificEast Coast Highway, approximately one-half mile
from the coast. The site is not located between the nearest public road and the sea or
shoreline, and the project will not affect the public’s ability to gain access to use and/or view
the coast and nearby recreational facilities.
2. 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 involves minor additions within the structural envelope of an existing single-family
residence located on a lot in the Coastal Zone. 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. Furthermore, the project site is located north of PacificEast
Coast Highway, approximately one-half mile from the coast. Therefore, coastal access
conditions will not be affected by the project. Coastal access is currently provided and will
continue to be provided by street ends throughout the neighborhoods located south of
PacificEast Coast Highway with access to the coast.
3. The project site is not located adjacent to a coastal view road or coastal viewpoint
identified by Local Coastal Program maps. The project site may be located within the
viewshed of distant public viewing areas; however, the project is limited to enclosing two
(2) small decks within the established structural footprint and building envelope and
complies with all applicable Local Coastal Program (LCP) development standards.
Zoning Administrator - June 25, 2020
Item No. 4c Additional Materials Received After Deadline - Staff
Faerber Residence Coastal Development Permit (PA2020-029)
Zoning Administrator Resolution No. ZA2020-###
Page 4 of 10
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:
C. The Zoning Administrator has considered the following:
i. Whether or not the development is consistent with the certified Local Coastal Program
to the maximum extent feasible; and
ii. Whether or not there are feasible alternatives that would provide greater consistency
with the certified Local Coastal Program and/or that are more protective of coastal
resources.
Facts in Support of Finding:
1. With exception of the Variance to the canyon stringline, the proposed development
complies with and is consistent with the certified LCP. Fact in Support of Findings A
and B above.
2. The subject property located on a coastal canyon and is presently developed with a
single-family residence and accessory structures. All proposed work will occur within
the confines of the existing structural footprint above the ground level and will not
increase the existing degree of nonconformity beyond the canyon stringline.
Therefore, the project will have no detrimental effect on coastal resources that the
stringline is intended to protect, with or without the project.
Finding:
C.D. The granting of the modification is necessary due to practical difficulties associated with
the property and the strict application of the Implementation Plan results in physical
hardships. The granting of the variance is necessary due to special circumstances applicable
to the property, including location, shape, size, surroundings, topography, and/or other
physical features, the strict application of the development standards otherwise applicable to
the property denies the property owner privileges enjoyed by other property owners in the
vicinity and in the same coastal zoning district.
Facts in Support of Finding:
1. The existing residence was constructed approximately 20 years ago, prior to the LCP and
Canyon Overlay District, which became effective in 2017. Nearly one-half of the existing
structure extends beyond the subsequently adopted canyon stringline, creating special
circumstancespractical difficulties in renovating the existing structure.
2. The strict application of the canyon stringline results in physical hardships inconsistent with
the intent and purpose of the LCP. The enclosing of existing covered decks above the
ground level and within the existing structural envelope has no detrimental effect on
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Zoning Administrator - June 25, 2020
Item No. 4c Additional Materials Received After Deadline - Staff
Faerber Residence Coastal Development Permit (PA2020-029)
Zoning Administrator Resolution No. ZA2020-###
Page 5 of 10
environmental or visual resources that the canyon stringline is intended to protect. Section
21.52.090(B)(1) of the NBMC specifically allows modification or waiver of development
standards through approval of a coastal development for projects that will not have an
adverse effect on coastal resources.
3. Typical properties subject to the canyon stringline on the west side of the canyon located
along Hazel Drive experience a straight-line of development along a straight roadway where
the canyon stringline methodology more appropriately maintains the existing line of
development. Conversely, properties on the east side of canyon are situated around more
curvilinear streets, including three cul-de-sacs, where the typical canyon stringline
methodology does not work, does not represent the predominate line of development, and
nearly bisects the existing development.
4.Furthermore, given the project’s location at the end of the cul-de-sac, the property naturally
extends further into the canyon than the neighboring properties, which wrap around Cortes
Circle. As such, the development area is more impacted than the immediately adjoining
parcels.
2.
Finding:
D.E. The modification variance complies with the findings required to approve a coastal
development permit in Section 21.52.015(F).
Facts in Support of Finding:
1.The project conforms to applicable sections of the LCP in that the proposed work will occur
within the confines of the existing structural footprint above the ground level and will not
increase the existing degree of nonconformity. No grading or further encroachment beyond
the applicable stringline will occur. Therefore, the project will have no detrimental effect on
coastal resources that the stringline is intended to protect.
2. The project site is not located between the nearest public road and the sea or shoreline. The
project site is located north of PacificEast Coast Highway, approximately one-half mile
from the coast.
3. All Facts in Support of Findings A and B above are hereby incorporated by reference.
Finding:
E.F. The variancemodification will not result in development that blocks or significantly
impedes public access to and along the sea or shoreline and to coastal parks, trails, or
coastal bluffs.
Facts in Support of Finding:
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Zoning Administrator - June 25, 2020
Item No. 4c Additional Materials Received After Deadline - Staff
Faerber Residence Coastal Development Permit (PA2020-029)
Zoning Administrator Resolution No. ZA2020-###
Page 6 of 10
1. Public coastal access conditions will not be affected by the project. The property is located
north of PacificEast Coast Highway, approximately one-half mile from the coast. Coastal
access is currently provided and will continue to be provided by street ends throughout
neighborhoods located south of PacificEast Coast Highway with access to the coast. There
are no public trails located on the project site.
2. Facts in Support of Finding B.1 and B.2 are hereby incorporated by reference.
Finding:
F.G. The variancemodification will not result in development that blocks or significantly impairs
public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal
areas.
Fact in Support of Finding:
1.Fact in Support of Finding B.3 is hereby incorporated by reference.
Finding:
G.H. The modification variance will not result in development that has an adverse effect, either
individually or cumulatively, on coastal resources, including wetlands, sensitive habitat,
vegetation, or wildlife species.
Facts in Support of Finding:
1.The covered decks to be enclosed are located within the already developed area of the
property and within the existing structural envelope. No new development or grading is
proposed outside of the existing structural footprint and the project will not impact any
coastal resources, which the stringline setback is intended to protect.
2. Site-specific conditions, including the location of the property at the end of the Cortes Circle
cul-de-sac and the location of existing improvements that establishes the canyon stringline
for the project site, are unique to this property and, therefore, do not establish a precedent
for approval of other requests that would contribute to cumulative adverse effects on coastal
resources.
Finding:
H.I. The granting of the variancemodification will not be contrary to, or in conflict with, the
purpose of this Implementation Plan, nor to the applicable policies of the certified Local
Coastal Program.
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Zoning Administrator - June 25, 2020
Item No. 4c Additional Materials Received After Deadline - Staff
Faerber Residence Coastal Development Permit (PA2020-029)
Zoning Administrator Resolution No. ZA2020-###
Page 7 of 10
Facts in Support of Finding:
1.Approval of the coastal development permit will not be contrary to the applicable policies of
the City’s Coastal Land Use Plan intended to protect coastal resources. Policy 2.2.5-1
specifically allows limited renovations to existing nonconforming structures that improve the
physical quality and character of a structure provided such renovations do not involve
demolition or replacement of 50 percent or more of the nonconforming exterior walls and do
not increase the degree of the structure’s nonconformity. The project involves enclosing
existing covered decks within the existing structural envelope above the ground level, with
no grading or further encroachment beyond the applicable stringline.
2. The granting of the coastal development permit to allow the enclosing of two (2) existing
covered decks within the existing building envelope is consistent with NBMC Section
21.52.090, which provides for relief from development standards for projects that will have
no detrimental effect on environmental or visual coastal resources.
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 CEQA pursuant to Section 15301 under Class 1 (Existing
Facilities) 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 No. CD2020-013, 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 in accordance with the provisions of Title 21 Local Coastal
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 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 25th DAY OF JUNE, 2020.
____________________________
Jaime Murillo, Zoning Administrator
Zoning Administrator - June 25, 2020
Item No. 4c Additional Materials Received After Deadline - Staff
Faerber Residence Coastal Development Permit (PA2020-029)
Zoning Administrator Resolution No. ZA2020-###
Page 8 of 10
EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor plans
and building elevations stamped and dated with the date of this approval (except as modified
by applicable conditions of approval). There shall be no further encroachment that extends
beyond the current structural footprint of the residence.
2. Revisions to the approved plans shall require separate review by the Planning Division
and may require an amendment to this Coastal Development Permit or the processing of
a new coastal development permit.
3. Prior to the issuance of a building permit, the property owner shall provide a notarized,
signed letter acknowledging all hazards present at the site, assuming the risk of injury or
damage from such hazards, unconditionally waiving any claims of damage against the
City from such hazards, and to indemnify and hold harmless City, its City Council, its
boards and commissions, officials, officers, employees and agents from and against any
and all claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgements, 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. The letter shall be scanned into the plan set prior to building permit
issuance.
4. 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. No demolition or construction materials shall be stored on public
property.
5. 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
Zoning Administrator - June 25, 2020
Item No. 4c Additional Materials Received After Deadline - Staff
Faerber Residence Coastal Development Permit (PA2020-029)
Zoning Administrator Resolution No. ZA2020-###
Page 9 of 10
when it is safe to commence construction activities. If an active nest is found, one (1) or
two (2) short follow-up surveys will be necessary to check on the nest and determine
when the nest is no longer active.
6. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be
implemented prior to and throughout the duration of construction activity as designated in
the Construction Erosion Control Plan.
7. 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.
8. 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.
9. 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.
10. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
11. 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.
12. 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 is 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.
13. Prior to 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.
14. Prior to issuance of a building permit, the Applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Coastal
Development file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict
the elements approved by this Coastal Development Permit.
Zoning Administrator - June 25, 2020
Item No. 4c Additional Materials Received After Deadline - Staff
Faerber Residence Coastal Development Permit (PA2020-029)
Zoning Administrator Resolution No. ZA2020-###
Page 10 of 10
15. Prior to the issuance of building permit, the Applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
16. 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.
17. Coastal Development Permit No. CD2020-013 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.
18. 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 Faerber Residence including, but not limited to Coastal Development Permit
No. CD2020-013 (PA2020-029). 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.
Zoning Administrator - June 25, 2020
Item No. 4c Additional Materials Received After Deadline - Staff
Faerber Residence Coastal Development Permit (PA2020-029)
1
From:Erich Funke <erichfunke@me.com>
Sent:Wednesday, June 24, 2020 5:20 PM
To:CDD
Subject:PUBLIC HEARING ITEMS: Faerber Residence. Comments.
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
To the zoning administrator,
I live at 536 Hazel Drive, CDM, 92625, and my comments are as follows:
A)
If the city allows the Faerber Residence to go ahead and enclose the two existing 65‐square‐foot covered decks on the
main and lower floor levels in order to enlarge two existing adjacent bedrooms, I certainly will count on the zoning
administrator to allow me to enclose two existing decks (on the gully side) of my residence: 536 Hazel Drive, CDM,
92625
B)
With regard to the following point:
“...the Faerber Residence and to construct a 210‐square‐foot upper level addition….”
Additionally there is already a code‐violation on the roof top of this residence (an odd gazebo‐style construction ‐ see
attached images) for which the permit has fallen away and was never renewed.
‐ I don’t know how or why this was ever given a permit.
The existing structure is an eye sore and brings down the aesthetic of this gully and our picturesque neighborhood.
(Furthermore I have had to deal with a number of city planners personal points‐of‐view regarding the “look” of the
house I’m proposing to remodel at 536 Hazel drive. All of the personal points‐of‐view amounted to me having to change
the street‐facing design of my house on the plans.
Yet the Faerber Residence originally got approval for this ugly structure on top of their house?
I am perplexed. (And concerned).
Sincerely,
Erich Funke
949‐202‐6308
Zoning Administrator - June 25, 2020
Item No. 4d Additional Materials Received
Faerber Residence Coastal Development Permit (PA2020-029)
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Zoning Administrator - June 25, 2020
Item No. 4d Additional Materials Received
Faerber Residence Coastal Development Permit (PA2020-029)