HomeMy WebLinkAbout20190829_Staff Report
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 29, 2019
Agenda Item No. 3
SUBJECT: Fluter Residence (PA2019-140)
Coastal Development Permit No. CD2019-034
SITE LOCATION: 1808 and 1808 ½ West Ocean Front
APPLICANT: William Guidero
OWNER: Ross Fluter
PLANNER: Liane Schuller, Planning Consultant
949-644-3200, lschuller@newportbeachca.gov
LAND USE AND ZONING
General Plan: RM (Mulitple-Unit Residential)
Zoning District : RM (Multiple-Unit Residential)
Coastal Land Use Category: RM-E (Multiple-Unit Residential) (30.0-39.9 DU/AC)
Coastal Zoning District: RM (Multi-Unit Residential)
PROJECT SUMMARY
A request for a coastal development permit to allow the demolition of an existing residential
duplex and construction of a new 3,477-square-foot, single-family residence with an
attached 626-square-foot, two-car garage. The proposed project complies with all applicable
development standards including height, setbacks, and floor area limits. No development is
proposed seaward of the private property. No deviations are requested.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, 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. CD2019-034 (Attachment No. ZA 1).
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Fluter Residence (PA2019-140)
Zoning Administrator, August 29, 2019
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DISCUSSION
Land Use and Development Standards
The subject property is located in the RM (Multiple-Unit Residential) Coastal Zoning
District, which provides for single-, two -, or multiple-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 property currently consists of one legal lot developed with a residential duplex.
The neighborhood is predominantly developed with two-story, single- and two-
family residences. Some newer structures incorporate a partial third-story. The
proposed design, bulk, and scale of the development is consistent with the existing
neighborhood pattern of development and expected future development consistent
with applicable development standards.
The proposed project will conform to all applicable development standards, including
floor area limit, setbacks, and height, as evidenced by the project plans and illustrated
in Table 1 below.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front 7 feet 7 feet
Side 3 feet each 3 feet each
Rear 0 feet (10 feet required to
garage due to alley width)
10 feet to garage
Allowable Floor Area 4,120 square feet 4,103 square feet
Allowable 3rd Floor Area 459 square feet 444 square feet
Open Volume Area 345 square feet 559 square feet
Parking 2 enclosed 2 enclosed
Height 28-foot flat roof
33-foot sloped roof
28-foot flat roof
33-foot sloped roof
Hazards
The property is an oceanfront lot that is separated from the ocean by sandy beach
with an average width of more than 500 feet and the public Ocean Front boardwalk.
GeoSoils, Inc. prepared a Coastal Hazards and Wave Runup Study dated June 26,
2019, for the project. The report concludes that the long-term shoreline erosion rate
is small, if any long-term erosion occurs at all. Assuming a conservative future
erosion rate of 150 feet of retreat over the life of the structure, beach width will not be
reduced to less than 350 feet in nominal width. A beach width of 200 feet is
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Fluter Residence (PA2019-140)
Zoning Administrator, August 29, 2019
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recognized by coastal engineers as sufficiently wide to protect landward
development. The GeoSoils study also concludes that coastal hazards will not impact
the property over the next 75 years and there is no anticipated need for a shore
protection device over the life of the proposed development.
The finished floor elevation of the first habitable floor of the proposed structure is
14.00 feet North American Vertical Datum of 1988 (NAVD 88), which exceeds the
minimum 9.0-foot (NAVD 88) elevation standard for new structures and exceeds the
minimum requirements for projected sea level rise (10.1 feet NAVD 88).
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 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.
Water Quality
The development, as proposed and as conditioned, incorporate s 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 constructi on
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.
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Fluter Residence (PA2019-140)
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Public Access
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. The existing 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
replaces an existing residential duplex with a new single-family residence. Therefore,
the project does not involve a change in land use, density or intensity that will result
in increased demand on public access and recreation opportunities.
The project is designed and sited so as not block or impede existing public access
opportunities and occurs within the confines of private property. Existing coastal
access conditions will not be affected by the project. Coastal access is currently
provided and will continue to be provided by street ends throughout the neighborhood
with access to the beach and water.
The project site is not located adjacent to a coastal view road or coastal viewpoint
identified by Local Coastal Program maps. The project site may be located within
the viewshed of distant public viewing areas; however, the project will replace an
existing residential duplex with a new single-family residence that complies with all
applicable Local Coastal Program (LCP) development standards. It will also
maintain a building envelope consistent with the existing and anticipated
neighborhood pattern of development. Therefore, the project does not have the
potential to degrade the visual quality of the Coastal Zone or result in significant
adverse impacts to public views.
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, because it has no potential to have a significant effect on the
environment. The Class 3 exemption includes the construction and location of limited
numbers of new, small facilities or structures.
The proposed project is the demolition of an existing residential duplex and construction of
a new 3,477-square-foot, single-family residence and attached two-car garage.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
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Fluter Residence (PA2019-140)
Zoning Administrator, August 29, 2019
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intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal 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:
RU/ls
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
6
RESOLUTION NO. ZA2019-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2019-034 TO DEMOLISH AN
EXISTING RESIDENTIAL DUPLEX AND CONSTRUCT A NEW
SINGLE-FAMILY RESIDENCE LOCATED AT 1808 AND 1808 ½
WEST OCEAN FRONT (PA2019-140)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by William Guidero, with respect to property located at 1808 and
1808 ½ West Ocean Front, and legally described as Lot 5, Block 18, Tract 515 requesting
approval of a coastal development permit.
2. The applicant proposes to demolish an existing residential duplex and construct a new
3,477-square-foot, single-family residence with an attached 626-square-foot, two-car
garage.
3. The subject property is located within the RM (Multiple-Unit Residential) Zoning District
and the General Plan Land Use Element category is RM (Multiple-Unit Residential).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RM-E (Multiple-Unit Residential) (30.0-39.9 DU/AC) and the Coastal Zone
District is RM (Multi-Unit Residential).
5. A public hearing was held on August 29, 2019 in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines.
2. Class 3 includes the construction of a single-family residence in a residential zone. The
proposed project includes the demolition of an existing residential duplex and
construction of a new 3,477-square-foot, single-family residence with an attached 626-
square-foot, two-car garage.
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Zoning Administrator Resolution No. ZA2019-###
Page 2 of 8
SECTION 3. REQUIRED FINDINGS.
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:
1. 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 4,120 square feet and the proposed gross
floor area is 4,103 square feet.
b. The proposed development will provide the required setbacks, which are 7 feet
along the front property line abutting the beach, 3 feet along the side property
lines, 0 feet along the rear property line abutting the alley, and 10 feet minimum
from the rear property line to the garage face.
c. The highest flat roof is no more than 28 feet, measured from the established
grade level of 10.49 feet North American Vertical Datum of 1988 (NAVD 88) and
the highest roof ridge is no more than 33 feet, measured from the established
grade, which complies with the maximum height limitation.
d. The project includes enclosed garage parking for two vehicles, which complies
with the minimum two-space parking requirement for single-family residences
with less than 4,000 square feet of livable floor area.
2. The proposed design, bulk, and scale of the development is consistent with the existing
neighborhood pattern of development and expected future development consistent with
applicable development standards as the neighborhood is predominantly developed
with two-story, single- and two-family residences. Some newer structures incorporate a
partial third-story.
3. A Coastal Hazards and Wave Runup Study was prepared for the project by GeoSoils, Inc.,
dated June 26, 2019. The report concludes that the long-term shoreline erosion rate is
small, if any long-term erosion occurs at all. Assuming a conservative future erosion rate
of 150 feet of retreat over the life of the structure, beach width will not be reduced to less
than 350 feet in nominal width. A beach width of 200 feet is recognized by coastal
engineers as sufficiently wide to protect landward development. The GeoSoils study also
concludes that coastal hazards will not impact the property over the next 75 years and
there is no anticipated need for a shore protection device over the life of the proposed
development.
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Zoning Administrator Resolution No. ZA2019-###
Page 3 of 8
4. 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.
5. The finished floor elevation of the first habitable floor of the proposed structure is 14.00
feet North American Vertical Datum of 1988 (NAVD 88), which exceeds the minimum 9.0-
foot (NAVD 88) elevation standard for new structures and exceeds the minimum
requirements for sea level rise (10.1 feet NAVD 88).
6. 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.
7. 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.
8. 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.
9. 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.
10. The property is not located near coastal view roads and is not located near any identified
public viewpoints; therefore, the project will not negatively impact public coastal views.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is located between the nearest public road and the sea or shoreline of any
body of water located within the coastal zone.
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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. 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 replacement of an
existing two-story residential duplex with a new three-story, single-family residence. 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 and occurs within the confines of private property. Existing coastal access
conditions will not be affected by the proposed development. Coastal access is currently
provided and will continue to be provided by street ends throughout the neighborhood with
access to the beach and water.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project exempt
from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under
Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines,
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. CD2019-034, subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution was
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 Local Coastal
Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF AUGUST, 2019.
_____________________________________
Rosalinh Ung, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
3. Coastal Development Permit No. CD2019-034 shall expire unless exercised within 24
months from the date of approval as specified in Section 21.54.060 (Time Limits and
Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
4. This approval does not authorize any ne w or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right -of-way.
5. Prior to the issuance of building permit, 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 Ci ty, 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 e xpenses (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. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
8. The applicant shall comply with all federal, sta te, 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.
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Zoning Administrator Resolution No. ZA2019-###
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9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. This Coastal Development Permit does not authorize any development seaward of the
private property.
15. Construction staging, storage and/or access is not allowed to occur on or from the adjacent
sandy beach.
16. 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 o ccur inside the peak nesting
season from February 1 to August 15, compliance with the following is required to
prevent the taking of Native Birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
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17. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
18. Prior to issuance of a building permit, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the coastal
development permit file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include architectural
sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall
accurately depict the elements approved by this coastal development permit.
19. 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.
20. Prior to the issuance of building permits, the applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought-tolerant plantings, non-invasive
plant species and water-efficient irrigation design. The plans shall be approved by the
Planning Division.
21. All landscape materials and irrigation systems shall be maintained in accordance with the
approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
22. 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.
23. 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 as
far away from storm drain systems or receiving waters as possible .
24. 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.
25. At such time as directed by the City or the California Coastal Commission, the applicant
shall agree to and cooperate with the removal of any development not in compliance with
and authorized by Appendix C (Oceanfront Encroachment Policy Guidelines) of the
certified Local Coastal Program seaward of the rear property line within a prolongation of
the side property lines of the subject property.
26. 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
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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 Fluter Residence including, but not limited to, Coastal Development Permit No.
CD2019-034 (PA2019-140). This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees,
and damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
14
Attachment No. ZA 2
Vicinity Map
15
VICINITY MAP
Coastal Development Permit No. CD2019-034
PA2019-140
1808 and 1808 ½ West Ocean Front
Subject Property
16
Attachment No. ZA 3
Project Plans
17
18
19
LOT 5BLOCK 18SECTION BM.M. 4/27ALLEY
℄LOT 6[BASIS OF BEARINGS]
OCEANFRONT
LOT 4N79°22'07"W 29.99'N10°38'59"E 102.27'N79°25'08"W 134.28'N10°38'59"E 102.72'N10°38'59"E10.00'C1
C218THSTREET℄BASIS OF BEARINGS THE BASIS OF BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINEOF THE ALLEY HAVING A BEARING OF N79°25'08"W PER UN-RECORDED RS2019-1041.VICINITY MAPBENCHMARK INFORMATION1808 W. OCEANFRONT
NEWPORT BEACH, CA 92663
(APN: 047-173-29)
TOPOGRAPHIC MAP
1 1TITLE REPORT/EASEMENT NOTES1808 W. OCEANFRONTNEWPORT BEACH, CA 92663(APN: 047-173-29)NO TITLE REPORT PROVIDEDLEGAL DESCRIPTIONREAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA AND ISDESCRIBED AS FOLLOWS:LOT 5 IN BLOCK 18, SECTION B OF NEWPORT BEACH PER MAPRECORDED IN BOOK 4, PAGE 27, OF MISCELLANEOUS MAPS INTHE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.LCEXISTING ELEVATIONLEGEND( )FOUND LEAD & TAG STAMPED 'LS 5662'SEARCHED, FOUND NOTHING; SETNOTHINGFSFLFINISHED SURFACEFLOWLINEFFGFINISHED FLOOR GARAGECONCRETE SURFACET.B.M.TEMPORARY BENCHMARKSET ON A WATER METER (WM)ELEVATION = 8.62 FEETHUNTINGTON BEACH, CALIFORNIA 92646
PHONE:(714)488-5006 FAX:(714)333-4440
APEXLSINC@GMAIL.COMPAUL D. CRAFT, P.L.S. 8516 DATENOTE: SECTION 8770.6 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODESTATES THAT THE USE OF THE WORD CERTIFY OR CERTIFICATION BY ALICENSED LAND SURVEYOR IN THE PRACTICE OF LAND SURVEYING OR THEPREPARATION OF MAPS, PLATS, REPORTS, DESCRIPTIONS OR OTHER SURVEYINGDOCUMENTS ONLY CONSTITUTES AN EXPRESSION OF PROFESSIONAL OPINIONREGARDING THOSE FACTS OR FINDINGS WHICH ARE THE SUBJECT OF THECERTIFICATION AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE,EITHER EXPRESSED OR IMPLIED.LICENSE RENEWAL DATE 12/31/20STATEOFCALI
FOR
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IA
PAUL
DOMINICKCRAFTExp. 12/31/20No. 8516PROFES
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ONALLANDSURVEYORFFFINISHED FLOORWATER METERWMGAS METERGMCENTERLINEGRAPHIC SCALESURVEYOR OR ENGINEER SHALL PERMANENTLY MONUMENT PROPERTYCORNERS OR OFFSETS BEFORE STARTING GRADING.PLEASE CALL PAUL CRAFT @ 714-488-5006 TO SCHEDULE.SURVEYOR'S NOTESBLOCK WALLNGNATURAL GROUNDBENCHMARK NO: 1E-124-14DESCRIBED BY OCS 2014- FOUND 4” OCSALUMINUM BENCHMARK DISC STAMPED, ”1E-124-14”ON THE SOUTHWEST CORNER OF A 4’ CATCH BASIN.MONUMENT IS LOCATED ALONG THE SOUTHSIDE OF W. BALBOA BLVD., 150’ EAST OF THE C/LOF 19TH ST. @ ADDRESS 1823. MONUMENT IS LEVELWITH THE SIDEWALK.ELEVATION: 7.66 FEET (NAVD88), YEAR LEVELED 2015CURVECURVE DATADELTA RADIUS LENGTHC101°34'44"1295.00' 35.69'C201°19'01"1305.00' 30.00'GUARD POSTGPSCO SEWER CLEANOUTTWTOP OF WALLWOOD FENCE7/12/201920
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RESOLUTION NO. ZA2019-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2019-034 TO DEMOLISH AN
EXISTING RESIDENTIAL DUPLEX AND CONSTRUCT A NEW
SINGLE-FAMILY RESIDENCE LOCATED AT 1808 AND 1808 ½
WEST OCEAN FRONT (PA2019-140)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by William Guidero, with respect to property located at 1808 and
1808 ½ West Ocean Front, and legally described as Lot 5, Block 18, Tract 515 requesting
approval of a coastal development permit.
2. The applicant proposes to demolish an existing residential duplex and construct a new
3,548-square-foot, single-family residence with an attached 649-square-foot, two-car
garage.
3. The subject property is located within the RM (Multiple-Unit Residential) Zoning District
and the General Plan Land Use Element category is RM (Multiple-Unit Residential).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RM-E (Multiple-Unit Residential) (30.0-39.9 DU/AC) and the Coastal Zone
District is RM (Multi-Unit Residential).
5. A public hearing was held on August 29, 2019 in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines.
2. Class 3 includes the construction of a single-family residence in a residential zone. The
proposed project includes the demolition of an existing residential duplex and
construction of a new 3,548-square-foot, single-family residence with an attached 649-
square-foot, two-car garage.
Deleted: 3,477
Deleted: 626
Deleted: 3,477
Deleted: 626
Zoning Administrator - August 29, 2019
Item No. 3a Additional Materials Received
Fluter Residence CDP (PA2019-140)
REVISED SQUARE FOOTAGE SUBMITTED BY APPLICANT
(65 SQ FT ADDED TO SECOND LEVEL, 23 SQ. FT. TO GARAGE)
NO CHANGE TO ARCHITECTURAL MASSING
SECTION 3. REQUIRED FINDINGS.
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:
1. 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 4,320 square feet and the proposed gross
floor area is 4,197 square feet.
b. The proposed development will provide the required setbacks, which are 7 feet
along the front property line abutting the beach, 3 feet along the side property
lines, and 0 feet along the rear property line abutting the alley..
c. The highest flat roof is no more than 28 feet, measured from the established
grade level of 10.49 feet North American Vertical Datum of 1988 (NAVD 88) and
the highest roof ridge is no more than 33 feet, measured from the established
grade, which complies with the maximum height limitation.
d. The project includes enclosed garage parking for two vehicles, which complies
with the minimum two-space parking requirement for single-family residences
with less than 4,000 square feet of livable floor area.
2. The proposed design, bulk, and scale of the development is consistent with the existing
neighborhood pattern of development and expected future development consistent with
applicable development standards as the neighborhood is predominantly developed
with two-story, single- and two-family residences. Some newer structures incorporate a
partial third-story.
3. A Coastal Hazards and Wave Runup Study was prepared for the project by GeoSoils, Inc.,
dated June 26, 2019. The report concludes that the long-term shoreline erosion rate is
small, if any long-term erosion occurs at all. Assuming a conservative future erosion rate
of 150 feet of retreat over the life of the structure, beach width will not be reduced to less
than 350 feet in nominal width. A beach width of 200 feet is recognized by coastal
engineers as sufficiently wide to protect landward development. The GeoSoils study also
concludes that coastal hazards will not impact the property over the next 75 years and
there is no anticipated need for a shore protection device over the life of the proposed
development.
Deleted: 4,120
Deleted: 4,103
Deleted: , and 10 feet minimum from the rear property
line to the garage face
Zoning Administrator - August 29, 2019
Item No. 3a Additional Materials Received
Fluter Residence CDP (PA2019-140)
REVISED SQUARE FOOTAGE SUBMITTED BY APPLICANT
(65 SQ FT ADDED TO SECOND LEVEL, 23 SQ. FT. TO GARAGE)
NO CHANGE TO ARCHITECTURAL MASSING
August 29, 2019, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item 3. Fluter Residence Coastal Development Permit No. CD2019-
034 (PA2019-140)
Development Density Problem
With ever-increasing demand for housing in the state, including near the coast, the California
Coastal Commission has been calling increasing attention to concentrating dwelling units in the
areas that have already been designed to accommodate them.
As indicated on the staff report’s cover
page, in the Coastal Land Use Plan the
subject property is in a block designated
for the highest density of multiple-unit
development: RM-E (30.0-39.9 du/ac).
It is surrounded by areas planned for the
lower density of 20.0 – 29.9 du/ac:
RSD-D on the west and RT-D on the
north and east.
The City’s GIS database lists
1808/1808½ West Ocean Front as
having an area of 3,076 sq. ft. or 0.0706 acres. Hence, the present duplex provides a density of
28.32 du/ac, which is close to the designated range. Replacing that with a single dwelling unit,
as is proposed, produces a density on this multiple-unit designated lot of only 14.16 du/ac – far
below the planned density, even for the surrounding lower density areas.
City staff has formerly argued: (1) that the density specifications certified in our CLUP are only
general guidance meant to apply to larger areas and not to individual lots; and (2) that since in
the Implementation Plan the Coastal Commission certified single family dwellings as a permitted
use in all RM zones, densities below the range specified in the CLUP must be acceptable.
The latter argument can be disposed of in the following way: The certification of single family
residences as a permitted use in the IP can be understood as allowing their construction when
(and only when) such construction achieves the density of residential development anticipated
in the CLUP (which, in the present case might involve building two detached SFR’s on the lot,
rather than one). Such an interpretation honors the idea that the CLUP is supposed to be the
controlling document.
As to the former argument, even with the existing duplex at 1808/1808½, this RM-E block
viewed as a whole is already below the density specified in the CLUP. From the City’s GIS data,
Zoning Administrator - August 29, 2019
Item No. 3b Additional Materials Received
Fluter Residence CDP (PA2019-140)
August 29, 2019, Zoning Administrator Item 4 comments - Jim Mosher Page 2 of 2
its total area is 46,109 sq. ft., or 1.059 acres, and it appears to have 26 dwelling units1 for an
overall density of 24.6 du/ac. Allowing the duplex at 1808/1808½ West Ocean Front to be
replaced with a single dwelling unit would lower the overall density on the block from an
already-too-low number to the even lower number of 23.6 du/ac. Such an approval would
be contrary to the policy guidance certified in the CLUP.
Development Standards Inconsistencies
Since the initial posting of this item, supplemental materials of unknown origin (from staff or
applicant?) have been added proposing to change certain numbers in the resolution, without
any explanation other than “REVISED SQUARE FOOTAGE SUBMITTED BY APPLICANT (65
SQ FT ADDED TO SECOND LEVEL, 23 SQ. FT. TO GARAGE) NO CHANGE TO
ARCHITECTURAL MASSING”
It is unclear why the “square footages” changed. Are the numbers on the plans wrong? Or are
there new plans? In either case, since the resolution would approve the “site plan, floor plans
and building elevations stamped and dated with the date of this approval,” where are the revised
documents?
The supplement also proposes, on page 2, to change the “maximum floor area limitation” from
4,120 to 4,320 sq. ft. (in contradiction to what is shown in Table 1 on page 2 of the staff report).
This is apparently adding to the basic Floor Area Limit 200 sq. ft. for a required enclosed
parking space as dictated by Footnote (3) to Table 21.18-4 in the IP. However:
1. According to Table 21.40-1, Single-Unit Dwellings of 4,000 sq. ft. or less require 2
spaces in a garage, so shouldn’t the parking allowance by 400 sq. ft.?
2. Moreover, the starting number of 4,120 is wrong. This seems to be taken from the
applicant’s “Area Calculations” (staff report handwritten page 25), which says “Buildable
Lot Area: 95.72’ x 24’ = 2,297 sq. ft.” and then multiplies that by 1.75 to obtain “4,120.”
However, 2,297 x 1.75 = 4,020 not 4,120, which makes one wonder if the other
calculations shown on that sheet are equally flawed.
In addition, Table 1 on page 2 of the staff report seems to present a confusing mix of R-1 and
RM zoning standard taken from the Zoning Code rather than the LCP IP. In particular, the
stated “Allowable 3rd Floor Area” and “Open Volume Area” standards seem to be taken from
NBMC Sec. 20.48.180 (“Residential Development Standards and Design Criteria”), which, by its
own terms, does not apply to RM zoning districts.
This is particularly confusing when the City is publicly discussing the possibility of applying R-1
development standards to single-family construction in RM zones (such as the present
application), but has not yet enacted any such changes.
1 1810 West Ocean Front, the property adjacent to the subject one, has a Certificate of Occupancy for a
“congregate care”/residential care facility with 27 residents and 22 employees. By the definitions in the
LCP that appears to be regarded as a single “dwelling unit” (given what one assumes is a common
entrance and kitchen facility). 1822, 1824 and 1826 West Ocean Front appear to have been combined as
1 dwelling unit in an 11,157 sq. ft. area where 9 would be allowed by the 1,200 sq. ft./du minimum of the
IP.
Zoning Administrator - August 29, 2019
Item No. 3b Additional Materials Received
Fluter Residence CDP (PA2019-140)
Zoning Administrator - August 29, 2019
Item No. 3c Additional Materials Received
Fluter Residence CDP (PA2019-140)
Revised table, prepared by staff on August 29, 2019, in response to public comments received:
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front 7 feet 7 feet
Side 3 feet each 3 feet each
Rear 0 feet 7 feet to garage
Allowable Floor Area 4,420 square feet 4,197 square feet
Allowable 3rd Floor Area No maximum 444 square feet
Open Volume Area 345 square feet 559 square feet
Parking 2 enclosed 2 enclosed
Height 28-foot flat roof
33-foot sloped roof
28-foot flat roof
33-foot sloped roof
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Zoning Administrator - August 29, 2019
Item No. 3d Additional Materials Received
Fluter Residence CDP (PA2019-140)
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Zoning Administrator - August 29, 2019
Item No. 3d Additional Materials Received
Fluter Residence CDP (PA2019-140)