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HomeMy WebLinkAbout05_South Bayfront Waterpointe, LLC Residence CDP_PA2020-208 and PA2020-209 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT December 10, 2020 Agenda Item No. 5 SUBJECT: South Bayfront Waterpointe, LLC. Residences (PA2020-208 and PA2020-209)  Coastal Development Permit No. CD2020-122 and No. CD2020-123 SITE LOCATION: 400 and 402 South Bay Front APPLICANT: Brandon Architects OWNER: South Bayfront Waterpointe, LLC. PLANNER: Liz Westmoreland, Associate Planner 949-644-3234, lwestmoreland@newportbeachca.gov LAND USE AND ZONING  General Plan: RT (Two Unit Residential)  Zoning District: R-BI (Two Unit Residential, Balboa Island)  Coastal Land Use Category: RT-E (Two Unit Residential) (30.0 - 39.9 DU/AC)  Coastal Zoning District: R-BI (Two-Unit Residential, Balboa Island) PROJECT SUMMARY The project proposes the construction of two single family residences with junior accessory dwelling units (JADU) on two previously subdivided vacant lots. Lot 1 includes the construction of a new three-story single-family residence with attached garage consisting of 2,807 square feet. Additional improvements include an attached JADU of 311 square feet, hardscape, walls, landscaping, and drainage facilities. Lot 2 includes the construction of a new three-story single-family residence with attached garage consisting of 2,876 square feet. Additional improvements consist of an attached JADU of 308 square feet, hardscape, walls, landscaping, and drainage facilities. A Coastal Development Permit (CDP) is required to allow for the proposed development and to authorize the previously approved subdivision that created two lots (NP2019-004) under the Local Coastal Implementation Plan. A variance to Title 21 is required as the proposed project does not meet the minimum lot width identified in Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards). 1 South Bayfront Waterpointe, LLC. (PA2020-208 and PA2020-209) Zoning Administrator, December 10, 2020 Page 2 RECOMMENDATION 1)Conduct a public hearing; 2)Find the 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. CD2020-122 (Attachment No. ZA 1), and draft Zoning Administrator Resolution No. _ approving Coastal Development Permit No. CD2020-123 (Attachment No. ZA 2) DISCUSSION Background On February 28, 2019, the Zoning Administrator approved CD2018-073 (PA2018- 170)for the subject property authorizing the demolition of two existing multi-unit structures containing a total of five units. A building permit to demolish the structures was issued on April 4, 2019. On June 13, 2019, the Zoning Administrator approved NP2019-004 and CD2019- 016 (PA2019-063) for the subject property authorizing a tentative parcel map and CDP for the construction of a single-family residence and parcel map. The parcel map divided the subject lot into two parcels. However, on July 17, 2019 (received July 22, 2019) the CDP was appealed by the Coastal Commission and in January 2020, the applicant withdrew the CDP application. However, the tentative parcel map was approved and became effective on June 28, 2019 (prior to the Coastal Commission’s action). The approved Tentative Parcel Map that became effective June 28, 2019, was not recorded as Coastal Development permit No. CD2019-016, which authorized the subdivision as development under Title 21 was withdrawn. Thus, the current coastal development permit request includes the previously authorized tentative parcel map (NP2019-004) pursuant to Title 21. Additionally, a variance to Title 21 standards is required to waive the minimum lot width requirements. Approval of PA2020-208 is required to implement PA2020-209, since the former application includes the approval of a CDP to authorize the parcel map and associated lot width variance that created two separate building parcels. A condition of approval is included to document the contingency. 2 South Bayfront Waterpointe, LLC. (PA2020-208 and PA2020-209) Zoning Administrator, December 10, 2020 Page 3 Land Use and Development Standards  The subject property is located in the RT-E (Two-Unit Residential) (30.0 - 39.9 DU/AC) Coastal Land Use designation, which provides for two-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 new residences have been designed to provide the minimum two-car parking spaces per residence as required by Sections 20.40.040 and 21.40.040(Off-Street Parking Spaces Required). No additional parking is required for the JADUs. Vehicular access will be maintained from the alley at the rear of the property. Each parcel will be served by separate utility connections.  The neighborhood is developed with a mix of two and three-story, single-family residences. The design, bulk, and scale of the proposed new development is consistent with the existing neighborhood pattern of development and established development standards.  The proposed structures will conform to all applicable development standards, including floor area limits, setbacks, and height, as evidenced by the project plans and illustrated in Tables 1 and 2 below: Table 1 – Development Standards 400 South Bay Front (Parcel 1) Development Standard Standard Proposed Setbacks (min.) Front 0 feet 8 feet 3 inches to 13 feet 2 feet 6 inches to patio cover post Side 3 feet each 3 to 4 feet each Rear 5 feet 5 feet to 8 feet Allowable Floor Area 3,188 square feet 3,119 square feet Allowable 3rd Floor Area N/A 275 square feet Open Volume Area N/A 478 square feet Parking 2 enclosed 2 enclosed Height 24 feet flat roof 29 feet sloped roof 24 feet flat roof 29 feet sloped roof 3 South Bayfront Waterpointe, LLC. (PA2020-208 and PA2020-209) Zoning Administrator, December 10, 2020 Page 4 Table 2 – Development Standards 402 South Bay Front (Parcel 2) Development Standard Standard Proposed Setbacks (min.) Front 0 feet 7 to 13 feet Side 3 feet each 3 to 4 feet each Rear 5 feet 5 feet to 8 feet Allowable Floor Area (max.) 3,188 square feet 3,184 square feet Allowable 3rd Floor Area N/A 291 square feet Open Volume Area N/A 654 square feet Parking (min.) 2 enclosed 2 enclosed Height 24 feet flat roof 29 feet sloped roof 24 feet flat roof 29 feet sloped roof Hazards  The property is a bay front lot that is separated from the ocean by a public boardwalk and City-owned concrete bulkhead. A Coastal Hazards and Sea Level Rise report, dated December 5, 2019, was prepared for the project by GeoSoils, Inc. followed by a Coastal Hazards and Sea Level Rise Supplement dated September 22, 2020. The Coastal Hazards and Sea Level Rise supplemental report was provided to evaluate coastal hazard implications of the subdivision (NP2019-004).  The current maximum bay water elevation is 7.7 (NAVD88) and would not exceed the existing 8.96 feet (NAVD88) top of bulkhead elevation during high tide or storm events. The report analyzes future sea level rise scenarios assuming a 2.9-foot increase as the maximum water level rises over the next 75 years (i.e. the life of the structure). Therefore, the sea level is estimated to reach approximately 10.65 feet (NAVD88) - (the likely range for sea level rise over 75-year design life of the structure based on low risk aversion estimates for sea level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update). Pursuant to the conditions of approval in both draft resolutions, a waterproofing curb or other waterproof material is required and proposed to be constructed around the perimeter of the dwelling that would protect against flooding up to an elevation of 10.65 feet (NAVD88). Flood shields (sand bags and other barriers) can also be deployed across the openings to protect and prevent flooding to the structure.  According to the Coastal Hazards Report and Supplement, future sea level rise of 1.3 or greater would result in overtopping of the existing bulkhead which is at 8.96 feet (NAVD88). Most of the streets on Balboa Island are approximately 6.5 feet (NAVD88), and flooding of Balboa Island is an existing coastal hazard. The public boardwalk is continuous and provides public access around the entire island. A new or higher shoreline protective device is not currently needed to protect the proposed 4 South Bayfront Waterpointe, LLC. (PA2020-208 and PA2020-209) Zoning Administrator, December 10, 2020 Page 5 structure, but it is already necessary to protect the existing buildings, streets, and the boardwalk. The existing bulkhead is owned by the City of Newport Beach and the adjacent property owner is not able to increase the height of the bulkhead as part of this CDP. If the City adopts comprehensive sea level rise adaptation strategies to protect the public streets and public access areas, then the property owner will also be protected as a result. As a condition of approval, the property owner will be required to waive their rights to future protection devices.  Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv), 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). Both requirements are included as conditions of approval that will need to be satisfied prior to the issuance of building permits for construction.  The finished floor elevation of the first floor of the proposed structure is 9.00 feet (NAVD88), which complies with the minimum 9.0-foot (NAVD88) elevation standard for new structures.  The property is located in an area known for the potential for 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. LCP Policy Analysis  Pursuant to the Local Coastal Program (LCP) Policy 21.30.025, proposed subdivisions shall be designed to avoid current hazardous areas as well as areas that may become hazardous as a result of sea level rise. The policy also states that no division of land near the bay shall be permitted unless the reconfigured parcels can be developed safe from hazards for a minimum of 75 years and shoreline protective devices are prohibited to protect development on the resultant parcels. LCP Policies 2.8.1-2 and 2.8.1-3 also suggest that new development should be sited to avoid hazardous areas and minimize risks to life and property from hazards.  The previously existing residential structure on the lot had a finished floor of approximately 7.43 feet (NAVD88), which is lower than the maximum bay water 5 South Bayfront Waterpointe, LLC. (PA2020-208 and PA2020-209) Zoning Administrator, December 10, 2020 Page 6 elevation of 7.7 feet (NAVD88). The proposed project would construct new residences and junior accessory units that would comply with both FEMA and City minimum finished floor requirements of at least 9.0 feet (NAVD88). As conditioned, the proposed project would also include waterproofing up to 10.65 feet (NAVD88), which would increase the number of years that the structure is protected (approximately the life of the structure). The project represents an improvement from previously existing conditions and provides critical housing opportunities in the coastal zone beyond the minimum required by the Implementation Plan (IP) and Zoning Code.  The proposed subdivision into two lots represents a return to the original tract map configuration and is not considered a traditional subdivision. In this case, the original site from 1910 (Map of Resubdivision of Section One of Balboa Island) established two lots of approximately the same size for this site. It was not until 1983, 73 years later, that the two lots were combined under one ownership as Parcel Map No. 83- 710. Therefore, the proposed subdivision is not a standard subdivision that creates new parcels, but rather a map that reestablishes the original pattern of development of Balboa Island. The proposed project is in keeping with the existing pattern of development in the area.  Land Use Policy (LUP) 2.8.6-7 discourages shoreline protective devices on public land that protect private property and development. However, in this case, the City bulkhead is existing and is necessary to protect public access around Balboa Island as well as the low-lying streets. If the City were to abandon the streets and public access areas in the future for Balboa Island (due to sea level rise), then that decision would be part of a much larger adaptation plan involving thousands of stakeholders and review by the California Coastal Commission. No such adaptation strategy is proposed at this time. Water Quality  The development, as proposed and conditioned, incorporates design features to minimize the effect of construction and post -construction activities on the marine environment. These design features include, but are not limited to, one or more of the following: the appropriate management of equipment and construction materials, reducing runoff with permeable surfaces, and the use of post - construction best management practices to minimize the project’s adverse impact on coastal water.  The project design addresses water quality during construction with a construction erosion control plan. All new construction resulting from the project will tie into an existing post-construction drainage system that includes features designed to retain dry weather and minor rain event runoff on-site. Any water not retained on-site is directed to the City’s storm drain system. 6 South Bayfront Waterpointe, LLC. (PA2020-208 and PA2020-209) Zoning Administrator, December 10, 2020 Page 7 Public Access  The proposed residential development neither provides nor inhibits public coastal access. 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 includes the construction of two new three-story, single-family residences and JADUs. The existing and proposed use of the site is residential, and the number of dwelling units on the property would not be increased as part of the project. 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.  All proposed encroachments into the public right of way would be required to comply with City Council Policy L-6, which limits the height and depth of encroachments and plantings to limit impacts to views and access. There is an existing 6-foot high wooden fence along the boardwalk that would remove as part of the project to conform with the City’s current standards for encroachments and reduce the visual bulk of the site. Coastal access is currently provided and will continue to be provided by street ends throughout the neighborhood and the public boardwalk along the waterfront.  The property is not located near coastal view roads. The property is located within the viewshed of the Balboa Island Park, which is an identified public beach or park (Coastal Views Map 4-3). However, the park provides limited views to the subject site from the southwest corner of the park and the existing and proposed uses are residential. The project is also visible from the Ferry, which is not a designated viewpoint but provides views of the harbor and surrounding shoreline. The project would update the existing aesthetics of the lot by providing a new updated building that complies with the City’s Design Guidelines. The proposed project would provide additional setbacks compared to the prior apartment building. Therefore, the project would not degrade the quality of the coastal zone and associated public views. Coastal Variance  Pursuant to Section 21.18.030 of the IP, the minimum lot width for new parcels in the R-BI zone is 60 feet for a corner lot and 50 feet for an interior lot. The previously approved parcel map authorized two parcels with a lot width of approximately 30 feet each. Therefore, as part of the coastal development permit to authorize the parcel map as development, a variance to the minimum lot width is required to implement the project. Procedures for relief from the IP Development Standards are described in Section 21.52.090 of the IP. 7 South Bayfront Waterpointe, LLC. (PA2020-208 and PA2020-209) Zoning Administrator, December 10, 2020 Page 8  There are approximately 1,330 residential parcels in the R -BI zone on Balboa Island and Little Balboa Island. Of these parcels, more than 95 percent are of a uniform rectangular shape with a 30-foot width and 85-foot depth, with a resulting area of approximately 2,550 square feet. The subject property is regular in shape with a 60-foot width and 86.35-foot depth, resulting in approximately 5,181 square feet. The size and shape of the existing lot is unique for Balboa Island and not representative of the pattern of development and typical lot configurations in the area. There are fewer than 10 parcels within the R-BI zoning district with similar lot widths and areas. The strict application of the 50-foot (interior) and 60-foot (corner) lot width requirements would deny the owner the privilege to have a structure on a 30 foot wide lot, a privilege enjoyed by the vast majority of other property owners in the same R-BI zoning district.  Balboa Island consists of mainly small lots of approximately 2,550 square feet, which is compliant with the minimum lot size for residential development of 2,375 square feet. The minimum lot size of 2,375 square feet does not support a minimum lot width of 50 or 60 feet, since the depth of such a lot would only be 47.5 feet or 39.5 feet deep, respectively. A lot that is 50 feet wide and 2,375 square feet would not be consistent with the pattern of development on Balboa Island , yet it would comply with both of the minimum lot standards. Therefore, relief to the minimum width is necessary to mirror the pattern of development on the island.  The property location is on Balboa Island surrounded by other lots that were originally created as part of the Tract, “Map of Resubdivision of Section One of Balboa Island” established two lots of approximately the same size (30.48 feet by 86.54 feet deep) for this site. It was not until 1983, 73 years later, that the two lots were combined under one ownership as Parcel Map No. 83 -710. Therefore, the proposed subdivision is intended to return the property to the original configuration established for the island. 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, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Class 3 exempts the construction of up to six dwelling units in urbanized areas. The proposed project consists of four units, two single-family residences e two accessory dwelling units. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not ha ve a significant effect on the 8 South Bayfront Waterpointe, LLC. (PA2020-208 and PA2020-209) Zoning Administrator, December 10, 2020 Page 9 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. 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 (Subdivisions) and 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: ______________________________ Liz Westmoreland, Associate Planner lw/MS Attachments: ZA 1 Draft Resolution (PA2020-208) ZA 2 Draft Resolution (PA2020-209) ZA 3 Vicinity Map ZA 4 Project Plans (PA2020-208) ZA 5 Project Plans (PA2020-209) 9 Attachment No. ZA 1 Draft Resolution (PA2020-208) 10 RESOLUTION NO. ZA2020-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-122, TO ALLOW THE CONSTRUCTION OF A NEW THREE (3)-STORY SINGLE-FAMILY RESIDENCE WITH A JUNIOR ACCESSORY DWELLING UNIT AND AUTHORIZE THE SUBDIVISION OF TWO (2) PARCELS WITH A VARIANCE TO MINIMUM LOT WIDTH REQUIREMENTS AT 400 SOUTH BAY FRONT (PA2020-208) 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 (“Applicant”), on behalf of South Bayfront Waterpointe, LLC (“Owner”), with respect to property located at 400 South Bay Front, and legally described as Parcel 1 of Parcel Map No. 83-710, requesting approval of a coastal development permit. 2. The Applicant proposes to construct a new three (3)-story single-family residence with attached garage consisting of 2,807 square feet on a vacant lot. The proposal includes an attached junior accessory dwelling unit (JADU) of 311 square feet, hardscape, walls, landscaping, and drainage facilities. A Coastal Development Permit (CDP) is required to allow for the proposed development and to authorize the previously approved subdivision that created two (2) lots (NP2019-004 - PA2019-063) under the Local Coastal Implementation Plan. A variance to Title 21 is required as the proposed project does not meet the minimum lot width identified in Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards). 3. The subject property is located within the R-BI (Two-Unit Residential, Balboa Island) Zoning District and the General Plan Land Use Element category is RT (Two Unit Residential). 4. The subject property is located within the coastal zone and has a Coastal Land Use Designation of RT-E (Two-Unit Residential) (30.0 - 39.9 DU/AC) and a Coastal Zoning District of RB-I (Two-Unit Residential, Balboa Island). 5. A public hearing was held on February 28, 2019, at which time the Zoning Administrator approved CD2018-073 (PA2018-170) authorizing the demolition of two (2) existing multi- unit structures containing a total of five (5) units. A building permit to demolish the structures was issued on April 4, 2019. 6. A public hearing was held on June 13, 2019, at which time the Zoning Administrator approved NP2019-004 and CD2019-016 (PA2019-063) authorizing a tentative parcel map and CDP for the construction of a single-family residence and parcel map. The parcel map divided the subject lot into two (2) parcels. However, on July 17, 2019 (received July 22, 11 Zoning Administrator Resolution No. ZA2020-### Page 2 of 14 2019) the CDP was appealed by the Coastal Commission and in January 2020, the applicant withdrew the CDP application. However, the tentative parcel map was approved and became effective on June 28, 2019 (prior to the Coastal Commission’s action). The approved Tentative Parcel Map that became effective June 28, 2019, was not recorded as Coastal Development permit No. CD2019-016 (PA2019-063), which authorized the subdivision as development under Title 21 was withdrawn. Thus, the current coastal development permit request includes the previously authorized tentative parcel map No. NP2019-004 (PA2019-063) pursuant to Title 21. Additionally, a variance to Title 21 standards is required to waive the minimum lot width requirements. 7.A public hearing was held online on December 10, 2020, i observing restrictions due to the Declaration of a State 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 Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1.This project is categorically exempt pursuant to Title 14 of the California Code of Regulations, Section 15303, Division 6, Chapter 3, of the CEQA 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 up to six (6) dwelling units in urbanized areas. The proposed project consists of the construction of a new 3,118-square-foot single-family residence and attached two (2)-car garage with a junior accessory dwelling unit above. 3.The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Coastal Development Permit In accordance with Section 21.52.015 (Coastal Development Permits) 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: 12 Zoning Administrator Resolution No. ZA2020-### Page 3 of 14 1.The Coastal Development Permit is for a property within a developed neighborhood, on a lot that is not near any natural landforms including coastal bluffs and is not within the proximity of any environmentally sensitive areas. The property is separated from Newport Bay by a public boardwalk and bulkhead. 2.The proposed structure conforms to all applicable development standards including, but not limited to, floor area limitation, setbacks, height, and parking: a.The maximum floor area limitation is 3,188 square feet and the proposed gross floor area is 3,118 square feet. The maximum floor area for the JADU is 500 square feet, and the proposed JADU is 308 square feet. b.The proposed development (including JADU) will provide the required setbacks, which are zero feet along the front property line abutting the b oardwalk, 3 feet along the side property lines, and 5 feet along the rear property line abutting the alley. c.The highest flat roof is no more than 24 feet, measured from the finished floor level of 9.00 feet North American Vertical Datum of 1988 (NAVD88) and the highest roof ridge is no more than 29 feet, measured from the finished floor level, which complies with the maximum height limitation. d.The project includes enclosed garage parking for t wo (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. No additional parking is required for the JADU. 3.The project is conditioned to require the recordation of a deed restriction that will prohibit the use of the JADU for short term rentals (i.e. less than 30 days) and will also prohibit the sale of the JADU separate from the principal dwelling. 4.The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and applicable development standards, as the neighborhood is predominantly developed with two (2) and three (3)- story, single-family residences and mixed-use buildings along Agate Avenue. 5.The property is a bay front lot that is separated from the ocean by a public boardwalk and City-owned concrete bulkhead. A Coastal Hazards and Sea Level Rise report, dated December 5, 2019, was prepared for the project by GeoSoils, Inc. followed by a Coastal Hazards and Sea Level Rise Supplement dated September 22, 2020. The Coastal Hazards and Sea Level Rise supplemental report was provided to evaluate coastal hazard implications of the subdivision (NP2019-004). 6.The current maximum bay water elevation is 7.7 (NAVD88) and would not exceed the existing 8.96 feet (NAVD88) top of bulkhead elevation during high tide or storm events. The report analyzes future sea level rise scenarios assuming a 2.9 -foot increase in the maximum water level over the next 75 years (i.e. the life of the structure). Therefore, the 13 Zoning Administrator Resolution No. ZA2020-### Page 4 of 14 sea level is estimated to reach approximately 10.65 feet (NAVD88) - (the likely range for sea level rise over 75-year design life of the structure based on low risk aversion estimates for sea level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update). As conditioned, a waterproofing curb or other waterproof material is required and proposed be constructed around the perimeter of the dwelling that would protect against flooding up to an elevation of 10.65 feet (NAVD88). Flood shields (sand bags and other barriers) can be deployed across the openings to protect and prevent flooding to the structure. 7.According to the Coastal Hazards Report and Supplement, future sea level rise of 1.3 or greater would result in overtopping of the existing bulkhead which is at 8.96 feet (NAVD88). Most of the streets on Balboa Island are approximately 6.5 feet (NAVD88), and the flooding of Balboa Island is an existing coastal hazard. The public boardwalk is continuous and provides public access around the entire island. A new or higher shoreline protective device is not currently needed to protect the proposed structure, but it is already necessary to protect the existing buildings, streets, and the boardwalk. The existing bulkhead is owned by the City of Newport Beach and the adjacent property owner is not able to increase the height of the bulkhead as part of this CDP. If the City adopts comprehensive sea level rise adaptation strategies to protect the public streets and public access areas, then the property owner will also be protected as a result. As a condition of approval, the property owner will be required to waive their rights to future protection devices. 8.Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv), 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). Therefore, the proposed 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, 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 the issuance of building permits for construction. 9.Pursuant to the Local Coastal Program (LCP) Policy 21.30.025, proposed subdivisions shall be designed to avoid current hazardous areas as well as areas that may become hazardous as a result of sea level rise. The policy also states that no division of land near the bay shall be permitted unless the reconfigured parcels can be developed safe from hazards for a minimum of 75 years and shoreline protective devices are prohibited to protect development on the resultant parcels. LCP Policies 2.8.1-2 and 2.8.1-3 also suggest that new development should be sited to avoid hazardous areas and minimize risks to life and property from hazards. The previously existing residential structure on the lot had a finished floor of approximately 7.43 feet (NAVD88), which is lower than the maximum bay water elevation of 7.7 feet (NAVD88). The proposed project would construct new residences and junior accessory units that would comply with both FEMA and City minimum finished floor requirements of at least 9.0 feet (NAVD88). As conditioned, the proposed project would also include waterproofing up to 10.65 feet (NAVD88), which would increase the number of years that the structure is protected. The project represents 14 Zoning Administrator Resolution No. ZA2020-### Page 5 of 14 an improvement from previously existing conditions and provides critical housing opportunities in the coastal zone beyond the minimum required by the IP and Zoning Code. 10.The proposed subdivision into two (2) lots represents a return to the original tract map configuration and is not considered a traditional subdivision. In this case, the original site from 1910 (Map of Resubdivision of Section One of Balboa Island) established two (2) lots of approximately the same size for this site. It was not until 1983, 73 years later, that the two (2) lots were combined under one (1) ownership as Parcel Map No. 83-710. Therefore, the proposed subdivision is not a standard subdivision that creates new parcels, but rather a map that reestablishes the original pattern of development of Balboa Island. 11.LUP Policy 2.8.6-7 discourages shoreline protective devices on public land that protect private property and development. However, in this case, the City bulkhead is existing and is necessary to protect public access around Balboa Island as well as the low-lying streets. If the City were to abandon the streets and public access areas in the future for Balboa Island (due to sea level rise), then that decision would be part of a much larger adaptation plan involving thousands of stakeholders and oversight by the California Coastal Commission. 12.The finished floor elevation of the first floor of the proposed structure is 9.00 feet (NAVD88), which complies with the minimum 9.0-foot (NAVD88) elevation standard for new structures. 13.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. 14.A post-construction drainage system will be installed that includes drainage and percolation features designed to retain dry weather and minor rain runoff on-site to ensure the project does not impact water quality. Any water not retained on-site is directed to the City’s storm drain system. 15.The project design addresses water quality with a construction erosion control plan that outlines temporary Best Management Practices (BMPs) to be implemented during construction to minimize erosion and sedimentation, and to minimize pollution of runoff derived by construction chemicals and materials. No water quality impacts to coastal waters are anticipated based upon the location and elevation of the property. 16.New landscaping will be verified for compliance with NBMC Section 21.30.075 (Landscaping). A condition of approval is included that requires drought-tolerant and prohibits invasive species. Prior to issuance of the building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 15 Zoning Administrator Resolution No. ZA2020-### Page 6 of 14 Finding: B.Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is 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; however, the project will not affect the public’s ability to gain access to use and/or view the coast and nearby recreational facilities due to its location and orientation. The proposed residential development neither provides nor inhibits public coastal access. 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 includes the construction of a new three (3)-story, single-family residence and JADU. The existing and proposed use of the site is residential, and the number of dwelling units on the property would not be increased as part of the project. 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. 2.The project is designed and sited so as not to block or impede existing public access opportunities. All proposed encroachments into the public right of way would be required to comply with City Council Policy L-6 which limits the height and extent of encroachments and plantings to limit impacts to views and access. There is an existing 6-foot high wooden fence along the boardwalk that would be removed as part of the project to conform with the City’s current standards for encroachments, and would reduce the visual bulk of the site. Coastal access is currently provided and will continue to be provided by street ends throughout the neighborhood with access to the public boardwalk along the waterfront. 3.The previously demolished residential structure encroached into the front, rear, and side setbacks, where the proposed single-family residence and JADU would comply with required setbacks, thereby providing additional visual relief from the property lines. The proposed structure would provide setbacks greater than the code requirements, especially within the front setback on the Bay Front where the setback is zero and the structure provides approximately 8 to 13 feet. The upper levels are also setback, with open balconies, overhangs, and roof deck. The proposed design also limits size and location of the enclosed third floor area and concentrates the bulk within the center of the site. 4.The previously approved tentative parcel map (NP2019-004) allowed the two (2) lots to be returned to their original two (2) -lot configuration with a property line between the two (2) proposed structures. The return to the original configuration creates a 6-foot distance between the two (2) principal structures due to the 3-foot side yard setbacks that would be implemented as part of the project. Therefore, the coastal development permit required to implement the approval parcel map would comply with Chapter 3 of the Coastal Act. 16 Zoning Administrator Resolution No. ZA2020-### Page 7 of 14 5.The property is not located near coastal view roads. The property is located within the viewshed of the Balboa Island Park, which is an identified public beach or park (Coastal Views Map 4-3). However, the park provides limited views to the subject site from the southwest corner of the park and the existing and proposed uses are residential. The project is also visible from the Ferry, which is not a designated viewpoint but provides views of the harbor and surrounding shoreline. The project would update the existing aesthetics of the lot by providing a new updated building that complies with the City’s Design Guidelines. Therefore, the project would not degrade the quality of the coastal zone and associated public views. Coastal Variance In accordance with Section 21.52.090 (Relief from Implementation Plan Development Standards) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: C.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; and Facts in Support of Finding: 1.The subject property is located on Balboa Island. There are approximately 1,330 residential parcels in the R-BI zone on Balboa Island and Little Balboa Island. Of these parcels, more than 95 percent are of a uniform rectangular shape with a 30 -foot width and 85-foot depth, with a resulting area of approximately 2,550 square feet. The subject property is regular in shape with a 60-foot width and 86.35-foot depth, resulting in approximately 5,181 square feet. The size and shape of the existing lot is unique for Balboa Island and not representative of the pattern of development and typical lot configurations in the area. There are fewer than ten (10) parcels within the R-BI zoning district with similar lot widths and areas. The strict application of the 50 -foot (interior) and 60-foot (corner) lot width requirements would deny the owner the privilege to have a structure on a 30 foot wide lot, a privilege enjoyed by the vast majority of other property owners in the same R-BI zoning district. 2.Balboa Island consists of mainly small lots of approximately 2,550 square feet, which is compliant with the minimum lot size for residential development of 2,375 square feet. The minimum lot size of 2,375 square feet does not support a minimum lot width of 50 or 60 feet, since the depth of such a lot would only be 47.5 feet or 39.5 feet deep, respectively. A lot that is 50 feet wide and 2,375 square feet would not be consistent with the pattern of development on Balboa Island, yet it would comply with both of the 17 Zoning Administrator Resolution No. ZA2020-### Page 8 of 14 minimum lot standards. Therefore, relief to the minimum width is necessary to mirror the pattern of development on the island. 3.The property location is on Balboa Island surrounded by other lots that were originally created as part of the Tract, “Map of Resubdivision of Section One of Balboa Island” established two (2) lots of approximately the same size (30.48 feet by 86.54 feet deep) for this site. It was not until 1983, 73 years later, that the two (2) lots were combined under one (1) ownership as Parcel Map No. 83-710. Therefore, the proposed subdivision is intended to return the property to the original configuration established for the island. Finding: D.The modification or variance complies with the findings required to approve a coastal development permit in Section 21.52.015(F); Fact in Support of Finding: 1.A reduction to the minimum lot width requirements for a resubdivision would not impact coastal views or access. Compliance with LCP policies is addressed under Finding A and coastal views and access are addressed under Finding B. Finding: E.The modification or variance 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; Fact in Support of Finding: 1.As discussed under Finding B, the proposed variance to the minimum lot width would allow the creation of an interior lot line. The existing boardwalk along the front of the property would not be impacted and any encroachments within the public right of way would be required to comply with City Council Policy L-6. The proposed project would remove non-conforming features within the boardwalk area which would improve public access and views along the boardwalk. Finding: F.The modification or variance 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.The variance to the minimum lot width requirements would allow the construction of two (2)single family residences (and JADUs) in lieu of a larger structure over the proposed 18 Zoning Administrator Resolution No. ZA2020-### Page 9 of 14 lot lines. The proposed project would provide additional interior setbacks and would meet current development and design standards. Additional facts are provided under Finding B. Finding: G.The modification or 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; and Fact in Support of Finding: 1.The proposed project and subdivision are located entirely on developed land and would not result in adverse effects to coastal resources. Minor rain runoff would be retained on-site to ensure the project does not impact water quality. Any water not retained would be directed to the City’s storm drain system. The project would also implement BMPs during construction to reduce any short term impacts to water quality of the Bay. Finding: H.The granting of the modification or variance 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. Facts in Support of Finding: 1.Compliance with LCP Policies and the IP is evaluated under Finding A and B. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1.The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction and Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2.The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2020-122, 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 Director of Community Development in accordance with the provisions of Title 21 (Local Coastal Program Implementation Plan). 19 Zoning Administrator Resolution No. ZA2020-### Page 10 of 14 PASSED, APPROVED, AND ADOPTED THIS 10th DAY OF DECEMBER, 2020. _____________________________________ Jaime Murillo, Zoning Administrator 20 Zoning Administrator Resolution No. ZA2020-### Page 11 of 14 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 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 developme nt permit. 3.Prior to recordation of Tentative Parcel Map NP2019-004 (County TPM 2018-162), this Coastal Development Permit (CD2020-122) authorizing the TPM shall be approved and effective. 4.Prior to issuance of building permits, the project plans shall be updated to reflect that a waterproofing curb or other waterproof material will be constructed around the proposed residence as an adaptive flood protection device up to 10.65 feet (NAVD88). Flood shields (sand bags and other barriers) can be deployed acro ss the openings to prevent flooding to the structure. 5.Prior to final building permit inspection, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns. 6.Prior to the issuance of a building permit, the property owner shall sign 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. 7.Prior to the issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A,” shall be incorporated into the Building Division and field sets of plans. 21 Zoning Administrator Resolution No. ZA2020-### Page 12 of 14 8.Prior to issuance of a building permit, the applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 9.Prior to issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 10.Prior to the issuance of a building permit, the applicant shall record a deed restriction that prohibits the use of the JADU for short term lodging (i.e. less than 30 days) and prohibit the sale of the JADU separate from the principal dwelling. 11.The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 12.Coastal Development Permit No. CD2020-122 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. 13.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 and Tentative Parcel Map. 14.This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined should they determine 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. 15.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. 16.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, wetland or their buffers. 17.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. Prior to issuance of a building permit, the applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 18.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 22 Zoning Administrator Resolution No. ZA2020-### Page 13 of 14 regular maintenance. 19.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 a 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 from storm drain systems or receiving waters as possible. 20.The applicant is responsible for compliance with the Migratory Bird Treaty Act. 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 (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. 21.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 South Bayfront Waterpointe, LLC. Residence including, but not limited to, Coastal Development Permit No. CD2020-122 (PA2020-208). 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 23 Zoning Administrator Resolution No. ZA2020-### Page 14 of 14 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. Public Works Department 22.All existing to remain and proposed encroachments shall comply with applicable City Council Policies including Council Policy L-6. 24 Attachment No. ZA 2 Draft Resolution (PA2020-209) 25 RESOLUTION NO. ZA2020-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-123, TO ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE WITH A JUNIOR ACCESSORY DWELLING UNIT AT 402 SOUTH BAY FRONT (PA2020-209) 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 (“Applicant”), on behalf of South Bayfront Waterpointe, LLC (“Owner”), with respect to property located at 402 South Bay Front, and legally described as Parcel 1 of Parcel Map No. 83-710, requesting approval of a coastal development permit. 2.The Applicant proposes to construct a new three (3)-story single-family residence with attached garage consisting of 2,867 square feet on a vacant lot. The proposal includes an attached junior accessory dwelling unit (JADU) of 308 square feet, hardscape, walls, landscaping, and drainage facilities. 3.The subject property is located within the R-BI (Two-Unit Residential, Balboa Island) Zoning District and the General Plan Land Use Element category is RT (Two Unit Residential). 4.The subject property is located within the coastal zone and has a Coastal Land Use Designation of RT-E (Two-Unit Residential) (30.0 - 39.9 DU/AC) and a Coastal Zoning District of RB-I (Two-Unit Residential, Balboa Island). 5.A public hearing was held on February 28, 2019, at which time the Zoning Administrator approved CD2018-073 (PA2018-170) authorizing the demolition of two (2) existing multi- unit structures containing a total of five (5) units. A building permit to demolish the structures was issued on April 4, 2019. 6.A public hearing was held on June 13, 2019, at which time the Zoning Administrator approved NP2019-004 and CD2019-016 (PA2019-063) authorizing a tentative parcel map and CDP for the construction of a single-family residence and parcel map. The parcel map divided the subject lot into two (2) parcels. However, on July 17, 2019 (received July 22, 2019) the CDP was appealed by the Coastal Commission and in January 2020, the applicant withdrew the CDP application. However, the tentative parcel map was approved and became effective on June 28, 2019 (prior to the Coastal Commission’s action). The approved Tentative Parcel Map that became effective June 28, 2019, was not recorded as Coastal Development permit No. CD2019-016 (PA2019-063), which authorized the subdivision as development under Title 21 was withdrawn. Thus, a coastal development permit has been requested pursuant to PA2020-208 to authorize the previously approved 26 Zoning Administrator Resolution No. ZA2020-### Page 2 of 10 tentative parcel map (NP2019-004) pursuant to Title 21. Additionally, PA2020-208 includes a variance to Title 21 standards to waive the minimum lot width requirements. 7.A public hearing was held online on December 10, 2020, observing restrictions due to the Declaration of a State 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 Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1.This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15303, Division 6, Chapter 3, of the CEQA 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 up to six (6) dwelling units in urbanized areas. The proposed project consists of the construction of a new 3,118-square-foot single-family residence and attached two (2)-car garage with a junior accessory dwelling unit above. 3.The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Coastal Development Permit In accordance with Section 21.52.015 (Coastal Development Permits) of the Newport Beach Municipal Code, the following findings and facts in sup port 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 Coastal Development Permit is for a property within a developed neighborhood, on a lot that is not near any natural landforms including coastal bluffs and is not within the proximity of any environmentally sensitive areas. The property is separated from Newport Bay by a public boardwalk and bulkhead. 2.The proposed structure conforms to all applicable development standards including, but not limited to, floor area limitation, setbacks, height, and parking: 27 Zoning Administrator Resolution No. ZA2020-### Page 3 of 10 a.The maximum floor area limitation is 3,188 square feet and the proposed gross floor area is 3,184 square feet. The maximum floor area for the JADU is 500 square feet, and the proposed JADU is 308 square feet. b.The proposed development (including JADU) will provide the required setbacks, which are zero feet along the front property line abutting the b oardwalk,3 feet along the side property lines, and 5 feet along the rear property line abutting the alley. c.The highest flat roof is no more than 24 feet, measured from the finished floor level of 9.00 feet North American Vertical Datum of 1988 (NAVD88) and the highest roof ridge is no more than 29 feet, measured from the finished floor level, which complies with the maximum height limitation. d.The project includes enclosed garage parking for t wo (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. No additional parking is required for the JADU. 3.The project is conditioned to require the recordation of a deed restriction that will prohibit the use of the JADU for short term rentals (i.e. less than 30 days) and will also prohibit the sale of the JADU separate from the principal dwelling. 4.The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and applicable development standards, as the neighborhood is predominantly developed with two (2) and three (3)- story, single-family residences and mixed-use buildings along Agate Avenue. 5.The property is a bay front lot that is separated from the ocean by a public boardwalk and City-owned concrete bulkhead. A Coastal Hazards and Sea Level Rise report, dated December 5, 2019, was prepared for the project by GeoSoils, Inc. followed by a Coastal Hazards Sea Level Rise Supplement dated September 22, 2020. The Coastal Hazards and Sea Level Rise supplemental report was provided to evaluate coastal hazard implications of the subdivision (NP2019-004). 6.The current maximum bay water elevation is 7.7 (NAVD88) and would not exceed the existing 8.96 feet (NAVD88) top of bulkhead elevation during high tide or storm events. The report analyzes future sea level rise scenarios assuming a 2.9 -foot increase in the maximum water level over the next 75 years (i.e. the life of the structure). Therefore, the sea level is estimated to reach approximately 10.65 feet NAVD88 (the likely range for sea level rise over 75-year design life of the structure based on low risk aversion estimates for sea level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update). As conditioned, a waterproofing curb or other waterproof material is required and proposed be constructed around the perimeter of the dwelling that would protect against flooding up to an elevation of 10.65 feet (NAVD88). Flood shields (sand 28 Zoning Administrator Resolution No. ZA2020-### Page 4 of 10 bags and other barriers) can be deployed across the openings to protect and prevent flooding to the structure. 7.According to the Coastal Hazards Report and Supplement, future sea level rise of 1.3 or greater would result in overtopping of the existing bulkhead which is at 8.96 feet (NAVD88). Most of the streets on Balboa Island are approximately 6.5 feet (NAVD88), and the flooding of Balboa Island is an existing coastal hazard. The public boardwalk is continuous and provides public access around the entire island. A new or higher shoreline protective device is not currently needed to protect the proposed structure, but it is already necessary to protect the existing buildings, streets, and the boardwalk. The existing bulkhead is owned by the City of Newport Beach and the adjacent property owner is not able to increase the height of the bulkhead as part of this CDP. If the City adopts comprehensive sea level rise adaptation strategies to protect the public streets and public access areas, then the property owner will also be protected as a result. As a condition of approval, the property owner will be required to waive their rights to future protection devices. 8.Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv), 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). Therefore, the proposed 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, 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 the issuance of building permits for construction. 9.The finished floor elevation of the first floor of the proposed structure is 9.00 feet (NAVD88), which complies with the minimum 9.0-foot (NAVD88) elevation standard for new structures. 10.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. 11.A post-construction drainage system will be installed that includes drainage and percolation features designed to retain dry weather and minor rain runoff on-site to ensure the project does not impact water quality. Any water not retained on-site is directed to the City’s storm drain system. 12.The project design addresses water quality with a construction erosion control plan that outlines temporary Best Management Practices (BMPs) to be implemented during construction to minimize erosion and sedimentation, and to minimize pollution of runoff 29 Zoning Administrator Resolution No. ZA2020-### Page 5 of 10 derived by construction chemicals and materials. No water quality impacts to coastal waters are anticipated based upon the location and elevation of the property. 13.New landscaping will be verified for compliance with NBMC Section 21.30.075 (Landscaping). A condition of approval is included that requires drought-tolerant and prohibits invasive species. Prior to issuance of the building permits, the final landscape plans will be reviewed to verify invasive species are not planted. Finding: B.Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is 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; however, the project will not affect the public’s ability to gain access to use and/or view the coast and nearby recreational facilities due to its location and orientation. The proposed residential development neither provides nor inhibits public coastal access. 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 includes the construction of a new three (3)-story, single-family residence and JADU. The existing and proposed use of the site is residential, and the number of dwelling units on the property would not be increased as part of the project. 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. 2.The project is designed and sited so as not to block or impede existing public access opportunities. All proposed encroachments into the public right of way would be required to comply with City Council Policy L-6 which limits the height and extent of encroachments and plantings to limit impacts to views and access. Coastal access is currently provided and will continue to be provided by street ends throughout the neighborhood with access to the public boardwalk along the waterfront. 3.The previously demolished residential structure encroached into the front, rear, and side setbacks, where the proposed single-family residence and JADU would comply with required setbacks, thereby providing additional visual relief from the property lines. The proposed structure would provide setbacks greater than the code requirements, especially within the front setback on the Bay Front where the setback is zero and the structure provides approximately 7 feet. The upper levels are also setback, with open balconies, overhangs, and roof deck. The proposed design also limits size and location of the enclosed third floor area and concentrates the bulk within the center of the site. 4.The property is not located near coastal view roads. The property is located within the viewshed of the Balboa Island Park, which is an identified public beach or park (Coastal 30 Zoning Administrator Resolution No. ZA2020-### Page 6 of 10 Views Map 4-3). However, the park provides limited views to the subject site from the southwest corner of the park and the existing and proposed uses are residential. The project is also visible from the Ferry, which is not a designated viewpoint but provides views of the harbor and surrounding shoreline. The project would update the existing aesthetics of the lot by providing a new updated building that complies with the City’s Design Guidelines. Therefore, the project would not degrade the quality of the coastal zone and associated public views. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1.The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction and Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2.The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2020-123, 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 Director of Community Development in accordance with the provisions of Title 21 (Local Coastal Program Implementation Plan). PASSED, APPROVED, AND ADOPTED THIS 10th DAY OF DECEMBER, 2020. _____________________________________ Jaime Murillo, Zoning Administrator 31 Zoning Administrator Resolution No. ZA2020-### Page 7 of 10 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 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 developme nt permit. 3.Prior to recordation of Tentative Parcel Map No. NP2019-004 (County TPM 2018-162), the Coastal Development Permit (CD2020-122) authorizing the TPM shall be approved and effective. 4.Prior to issuance of building permits, Tentative Parcel Map No. NP2019-004 (County TPM 2018-162) shall be recorded. 5.Prior to issuance of building permits, the project plans shall be updated to reflect that a waterproofing curb or other waterproof material will be constructed around the proposed residence as an adaptive flood protection device up to 10.65 feet (NAVD88). Flood shields (sand bags and other barriers) can be deployed across the openings to prevent flooding to the structure. 6.Prior to final building permit inspection, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns. 7.Prior to the issuance of a building permit, the property owner shall sign 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 act ion, 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. 32 Zoning Administrator Resolution No. ZA2020-### Page 8 of 10 8.Prior to the issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A,” shall be incorporated into the Building Division and field sets of plans. 9.Prior to issuance of a building permit, the applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 10.Prior to issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 11.Prior to the issuance of a building permit, the applicant shall record a deed restriction that prohibits the use of the JADU for short term lodging (i.e. less than 30 days) and prohibit the sale of the JADU separate from the principal dwelling. 12.The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 13.Coastal Development Permit No. CD2020-123 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. 14.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 and Tentative Parcel Map. 15.This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined should they determine 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. 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 either the current business owner, property owner or the leasing agent. 17.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, wetland or their buffers. 18.Trash and debris shall be disposed in proper trash and recycling receptacles a t 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. Prior to issuance of a building permit, the applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 19.All landscape materials and irrigation systems shall be maintained in accordance with the 33 Zoning Administrator Resolution No. ZA2020-### Page 9 of 10 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. 20.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 a 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 from storm drain systems or receiving waters as possible. 21.The applicant is responsible for compliance with the Migratory Bird Treaty Act. 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 (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. 22.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 South Bayfront Waterpointe, LLC. Residence including, but not limited to, Coastal Development Permit No. CD2020-123 (PA2020-209). 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 34 Zoning Administrator Resolution No. ZA2020-### Page 10 of 10 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. Public Works Department 23.All existing to remain and proposed encroachments shall comply with applicable City Council Policies including Council Policy L-6. 35 Attachment No. ZA 3 Vicinity Map 36 VICINITY MAP Coastal Development Permit No. CD2020-122 and No. CD2020-123 PA2020-208 and PA2020-209 400 and 402 South Bay Front Subject Property 37 Attachment No. ZA 4 Project Plans (PA2020-208) 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Attachment No. ZA 5 Project Plans (PA2020-209) 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67