HomeMy WebLinkAbout02_109 and 111 Bayside Place Slope Restoration CDP_PA2020-064
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
July 16, 2020
Agenda Item No. 2
SUBJECT: 109 and 111 Bayside Place Slope Restoration (PA2020-064)
Coastal Development Permit No. CD2020-048
SITE LOCATION: 109 and 111 Bayside Place
APPLICANT: Winkle Custom Homes
OWNERS: Jay and Diana Moss (109), and Nancy Lazkani (111)
PLANNER: Chelsea Crager, Associate Planner
949-644-3227 or ccrager@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: RT (Two Unit Residential)
Zoning District: R-2 (Two-Unit Residential)
Coastal Land Use Plan Category: RT-B (Two Unit Residential (6.0-9.9 DU/AC))
Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
A request for a coastal development permit to allow the repair and restoration of an existing
slope at 109 and 111 Bayside Place. The slope failed in December 2010. The slope is
located on the inland side of Bayside Place and is within the front setback areas of 109 and
111 Bayside Place. The work includes the construction of a 24-inch-wide v-ditch behind an
existing retaining wall, installation of a matting system on the slope, and the revegetation of
the impacted slope area. The restoration is necessary to protect the principal structures on
Carnation Avenue and Bayside Place.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 Class 1 (Existing Facilities) and Section 15304 Class
4 (Minor Alterations to Land) 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 the exceptions to the Class 4 exemption do not apply; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2020-048 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject properties are in the R-2 Coastal Zoning District, which provides for two-
unit residential development on each lot
Land Use Plan, General Plan, and Zoning Code. A coastal development permit is
required for development on the coastal bluff and the property is not eligible for a
waiver for de minimis development because the property is in the Coastal
Commission Appeal Area.
The properties each currently consist of one single-family residence and a significant
private easement for access to create Bayside Place, a private, gated road. Bayside
Place is accessible from Bayside Drive, a public street. The residence at 109 Bayside
Place was constructed in 2010, and the residence at 111 Bayside Place was
constructed in 2008. The neighborhood is predominantly developed with two- and
three-story, single-family residences.
The area of development is proposed within the front yard setback areas of 109 and
111 Bayside Place on the inland side of Bayside Place, as shown in Figure 1 below.
The development consists of the construction of a 24-inch-wide v-ditch behind an
existing 24-inch-high retaining wall, installation of a matting system on the slope, and
the revegetation of the impacted slope area. The development is in response to a
slope failure that occurred in December 2010. The area of slope failure is currently
controlled by plastic sheeting and sandbags, intended to temporarily protect it from
further failure.
Figure 1: Subject properties shown outlined in red solid lines, easements identified with green dashed lines, and area of work
circled in blue.
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There are four residential properties abutting the subject properties to the east, which
are all upslope and accessed from Carnation Avenue. These properties are in the
RM (Multiple Residential) Coastal Zoning District and the Bluff Development
Carnation Ave Overlay District (Bluff Overlay). The two properties at 239 Carnation
Avenue and 301 Carnation Avenue are directly adjacent to the area of proposed
development. A single-family residence was constructed at 301 Carnation Avenue in
2015. The single-family residence at 239 Carnation Avenue began construction in
2015 and is nearing completion.
Pursuant to the memorandum prepared by G3SoilWorks on July 8, 2020, the slope
is experiencing distress and susceptibility to the hazards of ongoing raveling,
sloughing, erosion, mudflow, and other related issues. There is a possibility of a
headward and lateral expansion and deeper-seated instabilities of these hazards if
not corrected/rehabilitated. The proposed slope rehabilitation and stabilization is
necessary to protect the existing development upslope at 239 and 301 Carnation
Avenue, and downslope at 109 and 111 Bayside Place. The project is also necessary
to protect the existing developments at 109 and 111 Bayside Place from rockfall-
mudflow damage, as well as to protect access to the six residential properties located
at 101, 103, 105, 107, 109, and 111 Bayside Place.
The proposed accessory structures conform to all applicable development
standards, including landscape standards and height of accessory structures in
setback areas. Landscape will consist of noninvasive and drought-tolerant plantings.
Hazards
The subject properties front the Newport Harbor near the Harbor Entrance and are
protected by a bulkhead. There are no proposed alterations to the single-family
structures and development is separated from the shoreline by the residential
development and the Bayside Place private road.
Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv),
the property owners will be required to enter into an agreement with the City waiving
any potential right to protection to address situations in the future in which the
development is threatened with damage or destruction by coastal hazards (e.g.,
waves, erosion, and sea level rise). The 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 NBMC Section
21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will
need to be satisfied prior to final building inspection, and prior to the issuance of
building permits, respectively. The waiver of future shoreline protection will be
applied to the inland extent of the properties on the coastal bluff. As there will be
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no alterations to the existing single-family residences at this time, the waiver will
not apply to the existing bulkhead.
The property is in an area known for the potential of seismic activity and liquefaction.
All projects are required to comply with the California Building Code (CBC) and
Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the
issuance of 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.
Water Quality
The properties are located within 100 feet of coastal waters. Pursuant to Section
21.35.030 (Construction Pollution Prevention Plan) of the NBMC, a Construction
Pollution Prevention Plan (CPPP) is required 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 itself is addressing potential
erosion and preventing debris from entering the water system by repairing and
restoring the slope with a new v-ditch for adequate drainage. As conditioned, all
construction will adhere to BMPs and, once implemented, the project will serve as an
improvement to drainage in the area.
Public Access and Views
The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public access
bear a reasonable relationship between the requirement and the pro
be proportional to the impact. In this case, the project repairs and restores an existing
slope that failed in 2010. Therefore, the project does not involve a change in land
use, density or intensity that will result in increased demand on public access and
recreation opportunities. Furthermore, the project is designed and so as not to block
or impede existing public access opportunities.
Vertical access to the bay and beach is available at the Fernleaf Avenue street end
and at Corona del Mar State Beach, approximately 1,000 feet and 1,500 feet from
the project site, respectively. Lateral access is available at Corona del Mar State
Beach. The project does not include any features that would obstruct access along
these routes. Further, a scenic preservation easement is located at the intersection
of Carnation Avenue and Ocean Boulevard, approximately 300 feet south of the
properties.
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The project is not visible from the public right-of-way on Bayside Drive, any coastal
view road, public access way, or Coastal Viewpoint as identified in the Coastal Land
Use Plan. The area of proposed slope repair is visible from the Bayside Place private
road and private residences along Bayside Place and Carnation Avenue. The area
of repair and new v-ditch are within the front setback of the subject properties and
therefore are required to comply with a maximum height limitation of 42 inches. The
proposed v-ditch is less than 24 inches in height. The proposed matting system on
the slope will be flush with the surrounding slope surface. The project proposes to
replace the existing plastic sheeting and sandbags with a permanent matting system
that will be revegetated to blend in with surrounding vegetation. Further, vegetation
will be required to consist of noninvasive and drought-tolerant plantings. Therefore,
the project does not have the potential to degrade the visual quality of the Coastal
Zone or result in significant adverse impacts to existing public views.
Local Coastal Program - Bluff Erosion Policies
The development is compliant with the Bluff Erosion Policies of the Local Coastal
Program Coastal Land Use Plan as indicated below:
Policy 2.8.6-5 Permit revetments, breakwaters, groins, harbor channels, seawalls,
cliff retaining walls and other structures altering natural shoreline
processes or retaining walls when required to preserve coastal-
dependent uses or to protect existing principal structures or public
beaches in danger from erosion and when designed to el iminate or
mitigate adverse impacts on local shoreline sand supply, unless a
waiver of future shoreline protection was required by a previous
coastal development permit.
The proposed development alters the natural shoreline process of
bluff erosion and is necessary to protect existing principal residential
structures along Bayside Place and Carnation Avenue , as detailed
in the memorandum prepared by G3SoilWorks on July 8, 2020
(Attachment No. ZA 3). Staff research of property records did not
find any waivers of future protection required by a previous coastal
development permit on either property.
Policy 2.8.6-6 Design and site protective devices to minimize impacts to coastal
resources, minimize alteration of natural shoreline processes,
provide for coastal access, minimize visual impacts, and eliminate
or mitigate adverse impacts on local shoreline sand supply.
The proposed slope repair is the minimum necessary to protect
existing principal residential structures along Bayside Place and
Carnation Avenue. The project site does not provide coastal access,
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and the repair of the slope neither provides nor inhibits existing
public access opportunities in the area. Visual impacts are
minimized through revegetating the slope to blend in with
surrounding vegetation. The project site does not contribute to the
local sand supply.
Policy 2.8.6-7 Discourage shoreline protective devices on public land to protect
private property/development. Site and design any such protective
devices as far landward as possib le. Such protective devices may
be considered only after hazard avoidance, restoration of the sand
supply, beach nourishment and planned retreat are exhausted as
possible alternatives.
The project is located entirely on private property, and therefore
does not place a shoreline protective device on public land.
Policy 2.8.6-8 Limit the use of protective devices to the minimum required to protect
existing development and prohibit their use to enlarge or expand
areas for new development.
this policy shall consist only of a principal structure, e.g. residential
dwelling, required garage, or second residential unit, and shall not
include accessory or ancillary structures such as decks, patios,
pools, tennis courts, cabanas, stairs, landscaping etc.
The proposed slope repair is the minimum necessary to protect the
existing residential principal structures along Bayside Place and
Carnation Avenue. Failure to repair the slope could result in further
slope failure, which may endanger residences along Carnation
Avenue above the project site and along Bayside Place below the
project site.
Policy 2.8.6-9 Require property owners to record a waiver of future shoreline
protection for new development during the economic life of the
structure (75 years) as a condition of approval of a coastal
development permit for new development on a beach, shoreline, or
bluff that is subject to wave action, erosion, flooding, landslides, or
other hazards associated with de velopment on a beach or bluff.
Shoreline protection may be permitted to protect existing structures
that were legally constructed prior to the certification of the LCP,
unless a waiver of future protection was required by a previous
coastal development permit.
The property owners of the project site are required to record a
waiver of future shoreline protection as a condition of approval of the
coastal development permit. The waiver of future shoreline
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protection will be applied to the inland extent of the properties on the
coastal bluff. As there will be no alterations to the existing single-
family residences at this time, the waiver will not apply to the existing
bulkhead.
Policy 2.8.6-10 Site and design new structures to avoid the need for shoreline and
bluff protective devices during the economic life of the structure (75
years).
The slope repair, necessary to protect existing principal residential
structures, is the only development proposed as a part of this coastal
development permit.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15304 under Class 4 (Minor
Alterations to Land) 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.
Class 1 exempts the addition of safety or health protection devices for use during
construction of or in conjunction with existing structures, facilities, or mechanical
equipment, or topographical features including navigational devices. In this case, the
slope repair is the addition of a safety device in conjunction with the existing structures of
the surrounding development.
Class 4 exempts minor trenching and backfilling where the surface is restored. In this
case, the slope repair will restore the surface of the previously existing slope.
The exceptions to the Class 4 categorical exemption under Section 15300.2 are not
applicable. The project location does not impact an environmental resource of hazardous
or critical concern, does not result in cumulative impacts, does not have a significant effect
on the environment due to unusual circumstances, does not damage scenic resources
within a state scenic highway, is not a hazardous waste site, and is not identified as a
historical resource.
PUBLIC NOTICE
Notice of this public hearing 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.
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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
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
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/cc
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Memorandum Prepared by G3SoilWorks
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2020-048 TO
REPAIR AND RESTORE A FAILED BLUFF LOCATED AT 109
AND 111 BAYSIDE PLACE (PA2020-064)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Winkle Custom Homes (Applicant ), with respect to property
located at 109 and 111 Bayside Place, requesting approval of a coastal development
permit.
2. The lots at 109 and 111 Bayside Place are legally described as Portions of Block D of
Corona del Mar, as recorded in Miscellaneous Map Book 3, Pages 41 and 42, Records of
Orange County, California.
3. The Applicant proposes to repair and restore an existing slope at 109 and 111 Bayside
Place. The slope failed in December 2010. The slope is located on the inland side of
Bayside Place and is within the front setback areas of 109 and 111 Bayside Place. The
work includes the construction of a 24-inch-wide v-ditch behind an existing retaining wall,
installation of a matting system on the slope, and the revegetation of the impacted slope
area. The restoration is necessary to protect the principal structures on Carnation Avenue
and Bayside Place.
4. The subject property is designated RT (Two Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two-Unit Residential) Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-B (Two Unit Residential) (6.0 9.9 DU/AC) and it is located within the R-2
(Two-Unit Residential) Coastal Zone District.
6. A public hearing was held on July 16, 2020, in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in
accordance with 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 from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15304 under
Class 4 (Minor Alterations to Land) 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.
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02-03-2020
2. Class 1 exempts the addition of safety or health protection devices for use during
construction of or in conjunction with existing structures, facilities, or mechanical
equipment, or topographical features including navigational devices. In this case, the
slope repair is the addition of a safety device in conjunction with the existing structures
of the surrounding development.
3. Class 4 exempts minor trenching and backfilling where the surface is restored. In this
case, the slope repair will restore the surface of the previously existing slope.
4. The exceptions to the Class 4 categorical exemption under Section 15300.2 are not
applicable. The project location does not impact an environmental resource of
hazardous or critical concern, does not result in cumulative impacts, does not have a
significant effect on the environment due to unusual circumstances, does not damage
scenic resources within a state scenic highway, is not a hazardous waste site, and is
not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The subject properties are in the R-2 Coastal Zoning District, which provides for two-unit
Plan, General Plan, and Zoning Code. A coastal development permit is required for
development on the coastal bluff and the property is not eligible for a waiver for de minimis
development because the property is located in the Coastal Commission Appeal Area.
2. The properties each currently consist of one single-family residence and a significant
private easement for access to create Bayside Place, a private, gated road. Bayside Place
is accessible from Bayside Drive, a public street. The residence at 109 Bayside Place was
constructed in 2010, and the residence at 111 Bayside Place was constructed in 2008.
The neighborhood is predominantly developed with two- and three-story, single-family
residences.
3. The area of development is proposed in the front yard setback areas of 109 and 111
Bayside Place on the inland side of Bayside Place. The development consists of the
construction of a 24-inch-wide v-ditch behind an existing 24-inch-high retaining wall,
installation of a matting system on the slope, and the revegetation of the impacted slope
area. The development is in response to a slope failure that occurred in December 2010.
The area of slope failure is currently controlled by plastic sheeting and sandbags, intended
to temporarily protect the slope from further failure.
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02-03-2020
4. The proposed accessory structures conform to all applicable development standards,
including landscape standards and height of accessory structures in setback areas.
5. The development area is located on the inland side of the private Bayside Place
approximately 140 feet from the Newport Harbor. The project site is separated from the
harbor by the residences on Bayside Place and the private road of Bayside Place. Due
to the distance from coastal waters and the scope of work, a Water Quality Management
Plan (WQMP) is not required.
6. The properties are in an area known for the potential of seismic activity and liquefaction.
All projects are required to comply with the California Building Code (CBC) and Building
Division standards and policies. Geotechnical investigations specifically addressing
liquefaction are required to be reviewed and approved prior to the issuance of building
permits. Permit issuance is also contingent on the inclusion of design mitigation identified
in the investigations. Construction plans are reviewed for compliance with approved
investigations and CBC prior to building permit issuance.
7. The subject properties front the Newport Harbor near the harbor entrance and are
protected by a bulkhead. There are no proposed alterations to the single-family
structures and development is separated from the shoreline by the residential
development and the Bayside Place private road.
8. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), the property owners will be required to
enter into an agreement with the City waiving any potential right to protection to address
situations in the future in which the development is threatened with damage or destruction
by coastal hazards (e.g., waves, erosion, and sea level rise). The 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 NBMC Section
21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will need
to be satisfied prior to final building inspection, and prior to the issuance of building permits,
respectively
9. The project is not visible from the public right-of-way on Bayside Drive, any coastal view
road, public access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan.
The area of proposed slope repair is visible from the Bayside Place private road and private
residences along Bayside Place and Carnation Avenue. The area of repair and new v-
ditch are within the front setback of the subject properties and therefore are required to
comply with a maximum height limitation of 42 inches. The proposed v-ditch is less than
24 inches in height. The proposed matting system on the slope will be flush with the
surrounding slope surface. The project proposes to replace the existing plastic sheeting
and sandbags with a permanent matting system that will be revegetated to blend in with
surrounding vegetation. Further, vegetation will be required to consist of noninvasive and
drought-tolerant plantings. Therefore, the project does not have the potential to degrade
the visual quality of the Coastal Zone or result in significant adverse impacts to existing
public views.
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10. The project is consistent with the Bluff Erosion Policies of the Local Coastal Program
Coastal Land Use Plan as indicated below:
Policy 2.8.6-5 Permit revetments, breakwaters, groins, harbor channels,
seawalls, cliff retaining walls and other structures altering
natural shoreline processes or retaining walls when
required to preserve coastal-dependent uses or to protect
existing principal structures or public beaches in danger
from erosion and when designed to eliminate or mitigate
adverse impacts on local shoreline sand supply, unless a
waiver of future shoreline protection was requir ed by a
previous coastal development permit.
The proposed development alters the natural shoreline
process of bluff erosion and is necessary to protect existing
principal residential structures along Bayside Place and
Carnation Avenue, as detailed in the memorandum
prepared by G3SoilWorks on July 8, 2020. Staff research of
property records did not find any waivers of future protection
required by a previous coastal development permit on either
property.
Policy 2.8.6-6 Design and site protective devices to minimize impacts to
coastal resources, minimize alteration of natural shoreline
processes, provide for coastal access, minimize visual
impacts, and eliminate or mitigate adverse impacts on local
shoreline sand supply.
The proposed slope repair is the minimum necessary to
protect existing principal residential structures along
Bayside Place and Carnation Avenue. The project site does
not provide coastal access, and the repair of the slope
neither provides nor inhibits existing public access
opportunities in the area. Visual impacts are minimized
through revegetating the slope to blend in with surrounding
vegetation. The project site does not contribute to the local
sand supply.
Policy 2.8.6-7 Discourage shoreline protective devices on public l and to
protect private property/development. Site and design any
such protective devices as far landward as possible. Such
protective devices may be considered only after hazard
avoidance, restoration of the sand supply, beach
nourishment and planned retre at are exhausted as possible
alternatives.
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The project is located entirely on private property, and
therefore does not place a shoreline protective device on
public land.
Policy 2.8.6-8 Limit the use of protective devices to the minimum required
to protect existing development and prohibit their use to
of a principal structure, e.g. residential dwelling, required
garage, or second reside ntial unit, and shall not include
accessory or ancillary structures such as decks, patios,
pools, tennis courts, cabanas, stairs, landscaping etc.
The proposed slope repair is the minimum necessary to
protect the existing residential principal structures along
Bayside Place and Carnation Avenue. Failure to repair the
slope could result in further slope failure, which may
endanger residences along Carnation Avenue above the
project site and along Bayside Place below the project site.
Policy 2.8.6-9 Require property owners to record a waiver of future
shoreline protection for new development during the
economic life of the structure (75 years) as a condition of
approval of a coastal development permit for new
development on a beach, shoreline, or bluf f that is subject
to wave action, erosion, flooding, landslides, or other
hazards associated with development on a beach or bluff.
Shoreline protection may be permitted to protect existing
structures that were legally constructed prior to the
certification of the LCP, unless a waiver of future protection
was required by a previous coastal development permit.
The property owners of the project site are required to
record a waiver of future shoreline protection as a condition
of approval of the coastal development permit. The waiver
of future shoreline protection will be applied to the inland
extent of the properties on the coastal bluff. As there will be
no alterations to the existing single-family residences at this
time, the waiver will not apply to the existing bulkhead.
Policy 2.8.6-10 Site and design new structures to avoid the need for
shoreline and bluff protective devices during the economic
life of the structure (75 years).
The slope repair, necessary to protect existing principal
residential structures, is the only development proposed as
a part of this coastal development permit.
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Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone .
Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public access bear
and be
proportional to the impact. In this case, the project repairs and restores an existing slope
that failed in 2010. Therefore, the project does not involve a change in land use, density or
intensity that will result in increased demand on public access and recreation opportunities.
Furthermore, the project is designed and so as not to block or impede existing public
access opportunities.
2. Vertical access to the bay and beach is available at the Fernleaf Avenue street end and at
Corona del Mar State Beach, approximately 1,000 feet and 1,500 feet from the project site,
respectively. Lateral access is available at Corona del Mar State Beach. The project does
not include any features that would obstruct access along these routes. Further, a scenic
preservation easement is located at the intersection of Carnation Avenue and Ocean
Boulevard, approximately 300 feet south of the properties
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) and Section 15304 under Class 4 (Minor
Alterations to Land) 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 the exceptions to the Class 4 exemption do not apply.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2020-048,
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 NBMC. Final action taken by the City may be
certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act.
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Zoning Administrator Resolution No. ZA2020-###
Page 7 of 10
02-03-2020
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF JULY, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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Zoning Administrator Resolution No. ZA2020-###
Page 8 of 10
02-03-2020
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).
2. 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.
3. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
4. 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.
5. 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.
6. 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.
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Zoning Administrator Resolution No. ZA2020-###
Page 9 of 10
02-03-2020
7. 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.
8. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
9. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
10. 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.
11. 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.
12. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
the Building Division and field sets of
plans.
13. 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.
14. 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.
15. Prior to the issuance of building permits, the Applicant shall submit a final landscape
and irrigation plan. These plans shall incorporate drought tolerant plantings, non-
invasive plant species and water efficient irrigation design. The plans shall be approved
by 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. This Coastal Development Permit No. CD2020-048 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.
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Zoning Administrator Resolution No. ZA2020-###
Page 10 of 10
02-03-2020
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,
approval of 109 and 111 Bayside Place Slope Restoration including, but not limited to,
Coastal Development Permit No. CD2020-048 (PA2020-064). 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.
19
Attachment No. ZA 2
Vicinity Map
20
VICINITY MAP
Coastal Development Permit No. CD2020-048
PA2020-064
109 and 111 Bayside Place
Subject Properties
21
Attachment No. ZA 3
Memorandum Prepared by G3SoilWorks
22
23
24
Attachment No. ZA 4
Project Plans
25
26
27
28
29
30
31
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VICINITY MAPLEGAL DESCRIPTIONDEVELOPERCIVIL ENGINEERSOILS ENGINEERBASIS OF BEARINGSBENCH MARKCONSTRUCTION NOTESNOTICE TO CONTRACTOREROSION CONTROL NOTESDOCUMENTATIONPROPERTY CORNER MONUMENTATIONEXISTING UTILITIES NOTEEROSION CONTROL PLAN109 & 111 BAYSIDE PLACEASSESSOR'S PARCEL NO.REFERENCE DOCUMENTSGEOTECHNICAL DETAILS / NOTES33
NOTICE TO CONTRACTORREQUIRED CERTIFICATIONS / APPROVALSLEGENDCONSTRUCTION NOTESEASEMENT NOTESBOUNDARY NOTE:1 3 9 A v e n i d a N a v a r r oSan Clemente, CA 926729 4 9 . 4 9 2 . 8 5 8 6www.toalengineering.comBENCHMARK NOTE34
SECTIONTmQcQQQcQcQQQQQTm1 3 9 A v e n i d a N a v a r r oSan Clemente, CA 926729 4 9 . 4 9 2 . 8 5 8 6www.toalengineering.comDETAILCONC. V-DITCHDETAIL "B"TOP PLATE FOR TYPE V INLETTYPE V INLET35
1 3 9 A v e n i d a N a v a r r oSan Clemente, CA 926729 4 9 . 4 9 2 . 8 5 8 6www.toalengineering.comNOTEYEAR-ROUND BMP REQUIREMENTSLEGENDEROSION CONTROL BMPsTEMPORARY SEDIMENT CONTROLWIND EROSION CONTROLTRACKING CONTROLWASTE MANAGEMENT AND MATERIALS POLLUTION CONTROLNON-STORMWATER MANAGEMENTEROSION CONTROL NOTES36
BOUNDARY NOTE:1 3 9 A v e n i d a N a v a r r oSan Clemente, CA 926729 4 9 . 4 9 2 . 8 5 8 6www.toalengineering.comVIKTOR P.MEUMNo. 8682EASEMENT NOTESBENCHMARK NOTE37
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