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Home My WebLink AboutA-5-NPB-19-0155 (South Bayfront Waterpointe LLC) appeal RECEIVED South Comt Region STATE OF CALIFORNIATHE RESOURCES AGENCY 7 2019 GAVIN NEWSOM, Govemor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 301 E.OCEAN BLVD.,SUITE 300 CALIFORNIA LONG BEACH,CA 90802-4416 COAML COMMISSION VOICE (562)590-5071 FAX(562)5910-5084 APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT Please Review Attached Appeal Information Sheet Prior To Completing This Form. SECTION I. Appellant(s) Name: Commissioners Donne Brownsey and Linda Escalante Mailing Address: 45 Fremont Street, Suite 1970 City: Zip Code: Phone: San Francisco, CA 04105 (415) 904-5200 SECTION 11. Decision Being Appealed I Name of local/port government: .City of Newport Beach 2. Brief description of development being appealed: Demolition of a home on a 5,180 sq. ft. parcel; subdivision of said parcel into two roughly equal sized parcels; and construction of a 2,659 sq. ft. home on one of the new parcels (second new parcel to remain vacant) 3. Development's location (street address, assessor's parcel no., cross street, etc.): 400 Bay Front South, Newport Beach, CA 92662 (APN 050-043-13) 4. Description of decision being appealed(check one.): El Approval;no special conditions M Approval with special conditions: 0 Denial Note: For jurisdictions with a total LCP, denial decisions by a local government cannot be appealed unless the development is a major energy or public works project. Denial decisions by port governments are not appealable. T �BE COMPLETED,BYC MMfSSION: :, -0 77 APPEAL NO::" ARI-P DATE FILED:. RI DIST CT. APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT (Palze 2) 5. Decision being appealed was made by (check one): Planning Director/Zoning Administrator City Council/Board of Supervisors El Planning Commission El Other 6. Date of local government's decision: June 13, 2019 7. Local government's file number(if any): CD2019-016 SECTION 111. Identification of Other Interested Persons Give the names and addresses of the following pat-ties. (Use additional paper as necessary.) a. Name and mailing address of permit applicant: South Bayfront Waterpointe LLC, attn: Brandon Architects 151 Kalmus Drive Costa Mesa, CA 92626 b. Names and mailing addresses as available of those who testified (either verbally or in writing) at the city/county/port hearing(s). Include other parties which you know to be interested and should receive notice of this appeal. (2) (3) (4) RECEIVED South Coast Region JUL 17 2 019 SECTION IV. Reasons Supporting This Appeal CALIFORN14' COASTAL.CoMMIMON The City's decision to issue this coastal development permit raises the following issues: • The bay-fronting parcel is identified by COSMOS and other sea level rise viewer tools as subject to flooding with just 1.6 feet of sea level rise. The Newport Beach LCP (Land Use Plan pp. 2-57 and 2-58) references potential erosion and inundation of oceanfront and bayfront property in the City associated with various sea level rise scenarios (generally low estimates of 15 centimeters— 1 meter). The best available science, including the Ocean Protection Council's Rising Seas in California:An Update on Sea-Level Rise Science and the Coastal Commission's 2018 Sea Level Rise Policy Guidance Update, recommend making long term planning decisions �asecl on a broader range of sea level rise scenarios, with high risk scenarios in excess of the I meter referenced in the City's LCP. • The Newport Beach Land Use Plan (LUP) contains multiple policies requiring new development to minimize risks associated with hazards, and sea level rise specifically: • 2.8.1-2. Design and site new development to avoid hazardous areas and minimize risks to life and property from coastal and other hazards. • 2.8.1-3. Design land divisions, including lot line adjustments,to avoid hazardous areas and minimize risks to life and property from coastal and other hazards. • 2.8.6-7. Discourage shoreline protective devices on public land to protect private property/development. Site and design any such protective devices as far landward as possible. Such protective devices may be considered only after hazard avoidance, restoration of the sand supply, beach nourishment and planned retreat are exhausted as possible alternatives. • The Newport Beach Implementation Plan (LIP) contains a policy specific to subdivisions in hazardous areas: 21.30.025. Proposed subdivisions shall be designed to avoid current hazardous areas, as well as areas that may become hazardous due to future changes, such as from sea level rise, and minimize risks to life and property from coastal and other hazards. No division of land near the shoreline, including along the shoreline and bluffs, and including abutting the ocean, bays, lagoons, and other coastal water bodies, unless the new or reconfigured parcels can be developed safe from geologic and other hazards for a minimum of seventy-five (75) years, and unless shoreline protective devices are prohibited to protect development on the resultant parcels. • The City's findings in approving the subject CDP do not reference the LUP policies on land divisions in hazardous areas or the discouragement of shoreline protective devices on public land to protect private property/development. The findings do not reference the IP policy specifically prohibiting subdivisions in hazardous areas. The proposal to complete a subdivision and create a new parcel in a hazardous area is not consistent with LUP Policy 2.8.1-3 or LIP Policy 21.30.025. R ECEIVED South Coast Region JUL 1. 7 �2019 SECTION IV. Reasons Supporting This Appeal contd. CALIFORNIA COASTAL COMMISSION The City's findings on the proposed new home cite the applicant's Coastal Hazards and Sea Level Rise report and state that the finished floor elevation will be 9.0 feet NAVD88, which complies with the minimum LCP standard. However,the report references adaptation measures necessary to avoid adverse impacts from hazards in the future. The first adaptation measure is waterproofing the structure, which is not incorporated into the findings or special conditions of the City's CDP. The second adaptation measure recommended by the applicant's report is raising the City's bulkhead between the public beach and the public walkway, which the City is in the process of doing and may continue to do incrementally, but cannot be assumed to continue indefinitely. The creation of a new parcel which relies on the City's potential (future) construction of a shoreline protective device on public land to protect private property/development is not consistent with LUP Policy 2.8.6-7. The proposed subdivision is not necessary in order to increase housing density. The existing parcel is zoned R-2 (Coastal Land Use Designation Two-Unit Residential) and could support two residential units without the proposed subdivision. RECEIVED South Coast Region JUL 1. 7 2019 APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT Page 3 CALIFORNIA COASTAL COMMISSION State briefly your reasons for this gppeal. Include a summary description of Local Coastal Program,Land Use Plan,or Port Master Plan policies and requirements in which you believe the project is inconsistent and the reasons the decision warrants a new hearin1g. (Use additional paper as necessary.) Note: The above description need not be a complete or exhaustive statement of your reasons of appeal;however, there must be sufficient discussion for staff to determine that the appeal is allowed by law.The appellant, subsequent to filing the appeal, may submit 0 additional information to the staff and/or Commission to support the appeal request. SECTION V, Certification The information and facts ta d above are correct to the best of my/our knowledge. Signed: A- Appellant or-Agent Dated: Agent Authorization: I designate the above identified person(s)to act as my agent in all matters pertaining to this appeal. Signed: NA Dated: NA RECEIVED South Coast Region UL 17 2019 APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMEN� Page 3 CALIFORNIA COASTAL COMMI$Siq��j State briefly your reasons for this apReat Include.a summary.description of Local Coastal Program,Land Use Plan, or Port Master Plan policies and requirements in which you bolieve the project is inconsistent and the reasons the decision waiTants a new bearing. (Use, additional.paper as necessary.) -Note: The above description need,not be a complete or exhAustive statement of your ,reasons of appeal,h6weverthefe must be sufficient discussion for staff to determine that thoappeal is allowed by law. The appellant, subsequent to filing the appeal, may submit additional information.to the staff and/or Comn�ission to:support the appeal request, SECTION V. Certification The infbrm 'o ts stated above are correct to the best of my/our knowledge, Si,pe& AIL Appellant Dated: 71 Ag�nt Authorization: I designate the above identified person(s)to act as my agent in all matters pertaining to this appeal. Signed: ..--.-NA Dated: NA