HomeMy WebLinkAbout02_Kassabian Residence CDP_PA2020-05803/13/2018
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
July 30, 2020
Agenda Item No. 2
SUBJECT:Kassiabian Residence (PA2020-058)
Coastal Development Permit No. CD2020-056
SITE LOCATION:1417 East Bay Avenue
APPLICANT:Brandon Architects
OWNER:KSRVD, LLC
PLANNER:David S. Lee, Associate Planner
949-644-3225, dlee@newportbeachca.gov
LAND USE AND ZONING
General Plan:RS-D (Single Unit Residential Detached)
Zoning District:R-1 (Single-Unit Residential)
Coastal Land Use Category: RSD-B (Single Unit Residential Detached) – (6.0-9.9
DU/AC)
Coastal Zoning District:R-1 (Single-Unit Residential)
PROJECT SUMMARY
A request for a coastal development permit to allow the demolition of an existing single-
family residence and the construction of a new 6,167-square-foot, single-family residence
with a 751-square-foot, three-car attached garage. The project includes the construction of
a new concrete bulkhead. No work will be conducted bayward of the existing bulkhead. The
proposed development also includes additional appurtenances such as walls, fences,
patios, hardscape, drainage devices, and landscaping.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2020-056 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject property is located in the R-1 Coastal Zoning District, which provides for
single-unit residential development and is consistent with the City’s Coastal Land
Use Plan, General Plan, and Zoning Code. A coastal development permit is required
and the property is not eligible for a waiver for de minimis development because the
property is located in the Coastal Commission Appeal Area.
The subject property is legally described as Lots 9 and 10 of Block 23 of the East
Side Addition of the Balboa Tract. A Certificate of Compliance was recorded by the
County of Orange on June 30, 2020, which legally recognizes the property as asingle
legal lot.
The property currently consists of one legal lot developed with a single-family
residence. The neighborhood is predominantly developed with two- and three-
story, single-family residences. The proposed design, bulk, and scale of the
development is consistent with the existing neighborhood pattern of development
and expected future development consistent with applicable development
standards.
The proposed single-family dwelling and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1 below.
Table 1 –Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Water)10 feet 10 feet
Rear (Street)5 feet 5 feet
Sides 4 feet 4 feet
Allowable Floor Area 7,280 sq. ft.6,918 sq. ft.
Open Space (min.)546 sq. ft.549 sq. ft.
Parking (min.)3-car garage 3-car garage
Height (max.)24 feet flat roof
29 feet sloped roof
24 feet flat roof
26 feet sloped roof
Hazards
A Bulkhead Conditions Report was prepared by PMA Consulting, Inc. on April 8,
2020. The project site is protected by a bulkhead that is constructed of preservative
treated wood, which is typical for the surrounding area. The existing bulkhead has
a height of 7.36 feet North American Vertical Datum of 1988 (NAVD 88) and is part
of a continuous wood bulkhead system along the subject property and three
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adjacent properties located to the west. Based on historical aerial photographs,
the existing wood bulkhead was constructed between 1969 and 1973.
A Coastal Hazards Report was prepared by PMA Consulting, Inc. on June 15,
2020. The project site is protected by an existing cast-in-place wood bulkhead,
which will remain in place. The applicant is proposing to construct an additional
new concrete bulkhead at the edge of a new patio, which is located approximately
20 feet north of the proposed principal structure. The report concludes that the
highest high tide elevation (currently 7.7 feet NAVD 88) will not exceed 10.65 feet
(NAVD 88) using the low-risk aversion projected sea level rise (2.9-foot increase)
over the 75-year design life of the structure based on estimates for sea level rise
provided by the State of California Sea-Level Rise Guidance 2018. The report
states that the estimated sea level rise over the next 75 years, using the Medium-
High Risk Aversion, is potentially 6 feet (up to 13.7 feet NAVD 88). Based on these
recommendations, the proposed top of bulkhead height is 10.65 feet (NAVD 88)
and has been designed and detailed to accommodate a future raising of the wall
to 13.7 feet (NAVD 88). Additionally, the existing brick return to the G Street end
will be replaced by a concrete wall with a height of 11.54 feet (NAVD 88), with the
ability to accommodate a future raising of the wall to 13.7 feet (NAVD 88) to
accommodate sea level rise, if necessary.
The finish floor elevation of the proposed dwelling is 9.0 feet (NAVD 88), which
complies with the minimum 9.0-foot NAVD 88 elevation standard. Continuous
waterproofing shall be extended around the perimeter of the dwelling that would
protect against flooding up to an elevation of 10.65 feet (NAVD 88). Flood shields
(sandbags and other methods) can be deployed across the openings to prevent
flooding to the structure.
Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv)
(Bulkheads for nonresidential and residential waterfront development), the property
owner will be required to enter into an agreement with the City waiving any potential
right to protection to address situations in the future in which the development is
threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and
sea level rise). The 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) (Waterfront
Development, Development Standards). Both requirements are included as
conditions of approval that will need to be satisfied prior to the issuance of building
permits for construction.
The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code
(CBC) and Building Division standards and policies. Geotechnical investigations
specifically addressing liquefaction are required to be reviewed and approved prior
to the issuance of a building permit. Permit issuance is also contingent on the
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inclusion of design mitigation identified in the investigations. Construction plans are
reviewed for compliance with approved investigations and the CBC prior to building
permit issuance.
Public Access
The project site is located on the Balboa Peninsula between the nearest public road
and the sea. Implementation Plan Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) requires that the provision of public access bear a
reasonable relationship between the requirement and the project’s impact and be
proportional to the impact. In this case, the project replaces an existing single-family
residence with a new single-family residence. 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
sited so as not to block or impede existing public access opportunities. Vertical
access to the bay is available near the site on G Street. The nearest lateral access
is located on East Ocean Front, which is approximately 575 feet from the subject
property.
The project site is not located adjacent to a coastal view road, public viewpoint, public
park, beach, or public accessway, as identified in the Coastal Land Use Plan.
However, the adjacent street end of G Street may be an area for the public to enjoy
views of the bay. All improvements in the front setback area of the subject property
abutting the bay are limited to 42 inches from existing grade. An investigation of the
project site and surrounding area did not identify any other public view opportunities.
The project may be located within the viewshed of distant public viewing areas.
However, the project will replace an existing single-family residence with a new
single-family residence that complies with all applicable Local Coastal Program
(LCP) development standards and maintains a building envelope consistent with the
existing neighborhood pattern of development. Therefore, the project does not have
the potential to degrade the visual quality of the Coastal Zone or result in significant
adverse impacts to public views.
Water Quality
The applicant provided an Erosion Control Plan to implement temporary Best
Management Practices (BMPs) during construction to minimize erosion and
sedimentation and to minimize pollution runoff and coastal waters derived by
construction chemicals and materials. The Erosion Control Plan will be reviewed
by the City’s Engineer Geologist. Construction plans and activities will be required
to adhere to the approved Erosion Control Plan.
Pursuant to Municipal Code Section 21.35.050, due to the proximity of the
development to the shoreline and the development containing more than 2,500
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square feet of impervious surface area, a Water Quality Management Plan
(WQMP) is required. A WQMP prepared by Forkert Engineering and Surveying, Inc.,
dated April 17, 2020, has been submitted and will be reviewed by the City’s
Engineer Geologist. The WQMP includes a polluted runoff and hydrologic site
characterization, a sizing standard for BMPs, use of an LID approach to retain the
design storm runoff volume on site, and documentation of the expected
effectiveness of the proposed BMPs.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment. The Class 3 exemption includes
the construction of limited numbers of new, small structures, including one single-family
residence. The proposed project is a new single-family residence located in the R-1 Coastal
Zoning District. There are no known exceptions listed in CEQA Guidelines Section 15300.2
that would invalidate the use of these exemptions.
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.
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
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.
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Prepared by:
___________________________
David S. Lee, Associate Planner
JM/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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03/13/2018
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 APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2020-056 FOR A NEW SINGLE-
FAMILY RESIDENCE LOCATED AT 1417 EAST BAY AVENUE
(PA2020-058)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brandon Architects, with respect to property located at 1417
East Bay Avenue, and legally described as Lots 9 and 10 of Block 23 of the East Side
Addition of the Balboa Tract, requesting approval of a Coastal Development Permit.
2. The applicant proposes the demolition of an existing single-family residence and the
construction of a new 6,167-square-foot, single-family residence with a 751-square-foot
attached garage. The project includes the construction of a new concrete bulkhead. No
work will be conducted bayward of the existing bulkhead. The proposed development also
includes additional appurtenances such as walls, fences, patios, hardscape, drainage
devices, and landscaping.
3. The subject property is located within the Single-Unit Residential (R-1) Zoning District and
the General Plan Land Use Element category is Single Unit Residential Detached (RS-
D).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-B (Single Unit Residential Detached) – (6.0-9.9 DU/AC) and the Coastal
Zoning District is Single-Unit Residential (R-1).
5. A public hearing was held on July 30, 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 pursuant to Title 14 of the California Code of
Regulations (Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures), because it has no potential to have a significant effect
on the environment.
2. Class 3 exempts the construction of limited numbers of new, small structures, including
one single-family residence. The proposed project is a new single-family residence
located in the R-1 Coastal Zoning District.
SECTION 3. REQUIRED FINDINGS.
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In accordance with Section 21.52.015 (Findings and Decision) of the Newport Beach Municipal
Code, 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 development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 7,280 square feet and the proposed floor area
is 6,918 square feet.
b. The proposed development complies with the required setbacks, which are 10 feet
from the abandoned right-of-way abutting the bay, 5 feet along the property line
abutting East Bay Avenue, and 4 feet along each side property line.
c. The highest guardrail/parapet is below 24 feet from established grade and the
highest ridge is 29 feet from established grade. The proposed development
complies with all height requirements.
d. The proposed development provides a three-car garage, meeting the minimum
garage requirement for a single-family residence.
e. The proposed development exceeds the minimum 9.0-foot North American Vertical
Datum of 1988 (NAVD 88) top of slab elevation requirement for interior living areas
of new structures.
2. The subject property is legally described as Lots 9 and 10 of Block 23 of the East Side
Addition of the Balboa Tract. A Certificate of Compliance was recorded by the County of
Orange on June 30, 2020, which legally recognizes the property as a single legal lot.
3. The neighborhood is predominantly developed with two- and three-story single-family
residences. The proposed design, bulk, and scale of the development is consistent with
the existing neighborhood pattern of development and expected future development.
4. A Bulkhead Conditions Report was prepared by PMA Consulting, Inc. on April 8, 2020.
The project site is protected by a bulkhead that is constructed of preservative treated
wood, which is typical for the surrounding area. The existing bulkhead has a height of
7.36 feet (NAVD 88), and is part of a continuous wood bulkhead system along the
subject property and three adjacent properties located to the west.
5. A Coastal Hazards Report was prepared by PMA Consulting, Inc. on June 15, 2020.
The project site is protected by an existing cast-in-place wood bulkhead, which will
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remain in place. Based on historical aerial photographs, the existing wood bulkhead was
constructed between 1969 and 1973. The applicant is proposing to construct an
additional new concrete bulkhead at the edge of a new patio, located approximately 20
feet north of the proposed principal structure. The report concludes that the highest high
tide elevation (currently 7.7 feet NAVD 88) will not exceed 10.65 feet (NAVD 88) using
the low-risk aversion projected sea level rise (2.9-foot increase) over the 75-year design
life of the structure based on estimates for sea level rise provided by the State of
California Sea-Level Rise Guidance 2018. The report states that the estimated sea level
rise over the next 75 years, using the Medium-High Risk Aversion, is potentially 6 feet
(13.7 feet NAVD 88). Based on these recommendations, the proposed top of bulkhead
height is 10.65 feet (NAVD 88) and has been designed and detailed to accommodate a
future raising of the wall to 13.7 feet (NAVD 88). Additionally, the existing brick return to
the G Street end will be replaced by a concrete wall with a height of 11.54 feet (NAVD
88), with the ability to accommodate a future raising of the wall to 13.7 feet (NAVD 88)
to accommodate sea level rise, if necessary.
6. The finish floor elevation of the proposed dwelling is 9.0 feet (NAVD 88), which complies
with the minimum 9.0-foot NAVD 88 elevation standard. Continuous waterproofing shall
be extended around the perimeter of the dwelling that would protect against flooding up
to an elevation of 10.65 feet (NAVD 88). Flood shields (sandbags and other methods)
can be deployed across the openings to prevent flooding to the structure.
7. Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), due
to the proximity of the development to the shoreline and the development containing
more than 2,500 square feet of impervious surface area, a Water Quality Management
Plan (WQMP) is required. A WQMP prepared by Forkert Engineering and Surveying, Inc.,
dated April 17, 2020, has been submitted and will be reviewed by the City’s Engineer
Geologist. The WQMP includes a polluted runoff and hydrologic site characterization, a
sizing standard for BMPs, use of an LID approach to retain the design storm runoff
volume on site, and documentation of the expected effectiveness of the proposed BMPs.
8 The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code (CBC)
and Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance of
building permits. Permit issuance is also contingent on the inclusion of design mitigation
identified in the investigations. Construction plans are reviewed for compliance with
approved investigations and the CBC prior to building permit issuance.
9 The project site is not located adjacent to a coastal view road, public viewpoint, public park,
beach, or public accessway, as identified in the Coastal Land Use Plan. However, the
adjacent street end of G Street may be an area for the public to enjoy views of the bay. All
improvements in the front setback area of the subject property abutting the bay are limited
to 42 inches from existing grade. An investigation of the project site and surrounding area
did not identify any other public view opportunities. The project may be located within the
viewshed of distant public viewing areas. However, the project will replace an existing
single-family residence with a new single-family residence that complies with all applicable
Local Coastal Program (LCP) development standards and maintains a building envelope
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consistent with the existing neighborhood pattern of development. Therefore, the project
does not have the potential to degrade the visual quality of the Coastal Zone or result in
significant adverse impacts to public views.
Finding:
B. 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 on the Balboa Peninsula between the nearest public road and
the sea. Implementation Plan Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) requires that the provision of public access bear a reasonable
relationship between the requirement and the project’s impact and be proportional to the
impact. In this case, the project replaces an existing single-family residence with a new
single-family residence. 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 sited so as not to block or impede
existing public access opportunities.
2. Vertical access to the bay is available near the site on G Street. The nearest lateral access
is located on East Ocean Front, which is approximately 575 feet from the subject property.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2020-056, subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
2. 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 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 30
TH DAY OF JULY, 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).
2. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
3. Coastal Development Permit No. CD2020-056 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.
4. Prior to the issuance of a Certificate of Occupancy, an agreement in a form approved
by the City Attorney between the property owner and the City shall be executed and
recorded waiving rights to the construction of future shoreline protection devices
including the repair and maintenance, enhancement, reinforcement, or any other activity
affecting the bulkhead, that results in any encroachment seaward of the authorized
footprint of the bulkhead or other shoreline protective device. The agreement shall be
binding against the property owners and successors and assigns.
5. Prior to the issuance of a building permit, the property owner shall submit a notarized
signed letter acknowledging all hazards present at the site, assuming the risk of injury
or damage from such hazards, unconditionally waiving any claims of damage against
the City from such hazards, and to indemnify and hold harmless City, its City Council, its
boards and commissions, officials, officers, employees, and agents from and against any
and all claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including without limitation,
attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which
may arise from or in any manner relate (directly or indirectly) to City’s approval of
development.
6. 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.
7. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
8. This Coastal Development Permit does not authorize any development seaward of the
private property. The new bulkhead and concrete return to the street end at G Street
shall be constructed to a minimum elevation of 10.65 feet (NAVD 88) and engineered
for a cap up to 13.7 feet (NAVD 88) to protect the subject development and surrounding
properties.
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9. Continuous waterproofing shall be extended around the perimeter of the dwelling that
would protect against flooding up to an elevation of 10.65 feet (NAVD 88). Flood shields
(sandbags and other methods) can be deployed across the openings to prevent flooding
to the structure.
10. 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.
11. 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. Stock-piles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
12. 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.
13. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
WQHP/WQMP and any changes could require separate review and approval by the
Building Division.
14. Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building
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. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing, and trimming.
All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall
be kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
17. 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:
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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.
18. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
19. 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.
20. 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.
21. Prior to issuance of the building permits, a copy of the Resolution, including conditions
of approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
22. Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
23. 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.
24. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner, or the leasing agent.
25. 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 Kassabian Residence including, but not limited to, Coastal Development
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Permit No. CD2020-056 (PA2020-058). 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.
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Attachment No. ZA 2
Vicinity Map
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03/13/2018
VICINITY MAP
Coastal Development Permit No. CD2020-056
PA2020-058
1417 East Bay Avenue
Subject Property
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03/13/2018
Attachment No. ZA 3
Project Plans
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GB-3GB-3GB-2GB-2GB-3GB-2GB-3GB-3PMA Consulting, Inc.Consulting Structural Engineers28161 Casitas Ct., Laguna Niguel, CA 92677Phone: (714) 717-7542E-M ail: P.Petrov@PM A-BG.comEE DRAWNJOB NO.DATECHECKEDOWNER / APPLICANTPMA CONSULTING, INC.OWNERSHIP OF DOCUMENTSDRAWINGS AND SPECIFICATIONS AS INSTRUMENTS OF SERVICE ARE AND SHALL REMAIN THE PROPERTY OF THE ENGINEER WHETHER THE PROJECT FOR WHICH THEY ARE MADEIS EXECUTED OR NOT. THEY ARE NOT TO BE USED BY THE OWNER ON OTHER PROJECTS OR EXTENSIONS TO THIS PROJECT EXCEPT BY THE AGREEMENT IN WRITING AND WITHAPPROPRIATE COMPENSATION TO THE ENGINEER.4/8/2020 8:52:01 PMFOUNDATION PLAN3201904/08/2020P.PETROVM.PETROVAEAST BAY MANORKSRVD, LLC,C/O. MR. KHAJAKKASSABIAN1417 EAST BAY AVENUENEWPORT BEACH, CA 92661429 SANTA MONICA BLVD.,SUITE 360SANTA MONICA, CA 90401NO.REVISIONDATE35
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July 30, 2020, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660
(949-548-6229)
Item 2. Kassabian Residence Coastal Development Permit No. CD2020-
056 (PA2020-058)
From the Coastal Commission certified Post LCP Certification Permit and Appeal Jurisdiction map,
it appears that a sizeable portion of this property is in that Commission’s original jurisdiction area,
an issue (sorry if I missed it) that does not appear to be addressed in the staff report or resolution.
It would have been good to delineate where that boundary is so it could be verified that approval of
the proposed development is within the City’s jurisdiction.
As to matters that are addressed in the resolution --
1.Handwritten page 9:
a.The statement in Fact 3.A.1.e that “The proposed development exceeds the
minimum 9.0-foot North American Vertical Datum of 1988 (NAVD 88) top of slab
elevation requirement for interior living areas of new structures” is contradicted by
the statement in the staff report (page 3, second bullet), which seems to be
confirmed by the drawings, that the proposed finished (not “finish”) floor elevation is
exactly 9.00 feet NAVD 88. At most this “complies with” the requirement (as
acknowledged in Fact 3.A.6 on the following page).
b.Was the certificate described in Fact 3.A.2 recorded “by” the County or “with” the
County?
c.The assertion in Fact 3.A.3 that “The neighborhood is predominantly developed with
two- and three-story single-family residences” is misleading. Three-story structures
are certainly not a “predominant” feature of the neighborhood. As best I can tell,
nearly all the homes are two stories. Three story construction appears, at present, to
be a very rare exception along this portion of East Bay Avenue.
2.Handwritten page 10:
a.The statement in Fact 3.A.5, that a new bulkhead is proposed “approximately 20
feet north of the proposed principal structure” does not make obvious its location
with respect to the existing bulkhead.
b.Regarding Fact 3.A.9, the visual impact analysis neglects, as usual, to observe that
the water surface of the harbor itself is a public accessway from which the
development will be highly visible.
3.Handwritten page 11:
a.I’m not sure the question of lateral access can be disposed of as easily as it is with
Fact 3.B.2. As I understand it, the public has a right of access not only to the ocean-
adjacent sand on East Ocean Front, but also to all portions of the bay below the
mean high tide line even if they are on private property. The fact that a new
bulkhead is being proposed landward of the existing one suggests the bay waters
Zoning Administrator - July 30, 2020
Item No. 2a Additional Materials Received
Kassabian Residence CDP (PA2020-058)
July 30, 2020, Zoning Administrator agenda Item 2 comments - Jim Mosher Page 2 of 2
currently do, or will in the future, extend at least to that point. It is not clear how the
public will be able to access this area on foot from G Street.1
4. Handwritten page 11: The boilerplate explanation of appeal opportunities in Section 4.2 is
no longer particularly helpful to the public. On June 23, 2020, the City Council adopted
Ordinance No. 2020-10 removing the fee for appealing Zoning Administrator decisions on
coastal development permits to the Planning Commission (as well as establishing new fees
for appealing other ZA decisions). Although, the staff report that accompanied that
ordinance (June 9, 2020, Item 12, page 10) suggests the intent was for these changes to
not become effective until August 22, Section 6 of the ordinance explicitly says it goes into
effect 30 days after its adoption, which is to say, it became effective on July 23. According
to NBMC Sec. 21.64.035.C, this new fee structure, which is not disclosed on the City
website,2 means parties who participate in the ZA hearing can now appeal to the Coastal
Commission only if they first exercise the free appeal to the Planning Commission. The
opaquely convoluted boilerplate language of Section 4.2 seems intended to obscure the
CDP appeal process, not to explain it in a way understandable to participants.
1 It might be noted that when Newport Beach was originally subdivided, the abandoned Bay Avenue seems
to have been intended as a major public lateral accessway to view the bay, comparable to Ocean Front
Avenue for viewing the ocean. Sadly, that was lost, years before the Coastal Act, through abandonments
and development.
2 See the unrevised CDD fee schedule and appeal form, as well as the Revenue Division’s unrevised SRFF.
Zoning Administrator - July 30, 2020
Item No. 2a Additional Materials Received
Kassabian Residence CDP (PA2020-058)