HomeMy WebLinkAbout04_JL Oceanfront LLC and Waterfront 777 Residence CDP_PA2020-304CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 11, 2021
Agenda Item No. 4
SUBJECT:JL Oceanfront LLC and Waterfront 777 Residence (PA2020-304)
Coastal Development Permit No. CD2020-144
SITE LOCATION:1120 West Bay Avenue
APPLICANT:Brandon Architects, Inc.
OWNER:JL Oceanfront LLC and Waterfront 777
PLANNER:Joselyn Perez, Assistant Planner
949-644-3312, jperez@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category:RS-D (Single Unit Residential Detached)
Zoning District: R-1 (Single-Unit Residential)
Coastal Land Use Plan Category: RSD-C (Single Unit Residential Detached) - (10.0
19.9 DU/AC)
Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A coastal development permit to allow the demolition of an existing single-family residence
and the construction of a new 3,719-square-foot, three-story, single-family residence and
an attached 653-square-foot garage. The project also includes the installation of
landscaping, hardscaping, drainage, and site walls. A new bulkhead was approved for the
site by the California Coastal Commission (Permit No. 5-19-1513). The bulkhead will be
constructed in conjunction with the new residence. All improvements will be located on
private property. The design complies with all applicable development standards and no
deviations are requested.
RECOMMENDATION
Conduct a public hearing;
This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, of the CEQA Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures), Division 6, Chapter 3, because it has no potential
to have a significant effect on the environment. The exceptions to the Class 3
exemption do not apply; and
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3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2020-144 (Attachment No. ZA 1).
DISCUSSION
Land Use and Development Standards
The subject property is in the R-1 Coastal Zoning District, which provides for single-
unit residential development and
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 consists of one legal lot and is currently developed with a, single-family
residence, site walls, hardscaping, and a dock. The site is a waterfront lot abutted by
a narrow beach and is not protected by a bulkhead.
The adjacent waterfront residences are zoned R-1 with a density of 10.0 to 19.9
dwelling units per acre while the properties across W Bay Avenue are zoned R-2 with
a density of 20.0 - 29.9 dwelling units per acre. As seen in the Vicinity Map
(Attachment ZA 2), both zoning districts are predominantly developed with two-story
and three-story residences. The proposed design, bulk, and scale of the
development is consistent with applicable development standards and is
consistent with the expected future development.
On November 24, 2020, the City Council introduced Ordinance No. 2020-28
amending development standards applicable to one- and two-unit developments.
The ordinance became effective on January 7, 2021. Various types of projects
however are exempted from the ordinance including Coastal Development Permits
deemed complete prior to January 7, 2021. The project was deemed complete on
December 23, 2020.
The proposed single-family dwelling and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1 below.
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Table 1 Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (waterside) 25 feet 25 feet
Front (W Bay Ave) 5 feet 5 feet
Sides 3 feet 3 feet
Allowable Floor Area (max.) 4,618 square feet 4,372 square feet
Allowable 3rd Floor Area (max.) 346 square feet 346 square feet
Open Space (min.) 346 square feet 394 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
Hazards
The proposed development fronts the Newport Bay. There is no existing bulkhead.
A Coastal Hazards Report and Sea Level Rise Analysis was originally prepared by
GeoSoils, Inc. dated July 8, 2019 and revised December 21, 2020. The current
maximum bay water elevation is 7.7 feet North American Vertical Datum of 1988
(NAVD88). The report analyzes future sea level rise scenarios assuming a 2.95-
foot increase in the maximum water level over the next 75 years (i.e., the economic
life of the structure). 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).
The lowest proposed finish floor elevation of the residence is at an elevation of 9.00
feet (NAVD88) with a foundation curb up to 9.5 feet (NAVD88). In the future,
waterproofing can be added above elevation 9.5 feet (NAVD88) as an adaptation to
coastal hazards as necessary. Additionally, a new vinyl pile bulkhead was approved
for the site by the California Coastal Commission in 2020 under permit number 5-19-
1513. The bulkhead is designed with a concrete cap up to an elevation of 10.60 feet
(NAVD88), the minimum elevation recommended by the City of Newport Beach in
2019, when the bulkhead was originally designed and submitted to the California
Coastal Commission. While the projected sea level rise in 2020 is to 10.65 (NAVD88)
and increases each year, the bulkhead design allows for it to be raised in the future
up to a height of 13.70 (NAVD88), if necessary, and with subsequent planning
division review.
The report concludes that once the bulkhead is installed, flooding, wave runup,
and erosion will not adversely impact this property over the proposed 75-year
economic life of the development. No additional protective devices will be
necessary to protect the proposed development from any existing or anticipated
future coastal hazards.
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The lowest finish floor elevation of the proposed single-family residence is 9.0 feet
(NAVD88), which complies with the minimum 9.0-foot (NAVD88) elevation
standard.
Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv)
- (Natural Landform and Shoreline Protection), the property owner will be required
to enter into an agreement with the City waiving any potential right to protection to
address situations in the future in which the development is threatened with
damage or destruction by coastal hazards (e.g., waves, erosion, and sea level
rise). The property owner will also be required to acknowledge any hazards
present at the site and unconditionally waive any claim to damage or liability
against the decision authority, consistent with NBMC Section 21.30.015(D)(3)(c)
(Waterfront Development - Development Standards). Both requirements are
included as conditions of approval that will need to be satisfied prior to the issuance
of building permits for construction.
The property is in an area known for the potential of seismic activity and liquefaction.
All projects are required to comply with the California Building Code (CBC) and
Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the
issuance of a building permit. Permit issuance is also contingent on the inclusion of
design mitigation identified in the investigations. Construction plans are reviewed for
compliance with approved investigations and CBC prior to building permit issuance.
Water Quality
The property is located adjacent to coastal waters. Pursuant to Section 21.35.030
(Construction Pollution Prevention Plan) of the NBMC, a Construction Pollution
Prevention Plan (CPPP) is required to implement temporary Best Management
Practices (BMPs) during construction to minimize erosion and sedimentation and to
minimize pollution of runoff and coastal waters derived from construction chemicals
and materials. A CPPP has been provided and construction plans and activities will
be required to adhere to the CPPP.
Pursuant to Section 21.35.050 (Water Quality and Hydrology Plan) of the NBMC,
due to the proximity of the development to the shoreline and the development
containing more than 75 percent of impervious surface area, a preliminary Water
Quality and Hydrology Plan (WQHP) is required. The preliminary WQHP was
prepared by Forkert Engineering & Surveying, Inc. dated September 28, 2020
(revised December 15, 2020
Engineer Geologist. The WQHP includes a polluted runoff and hydrologic site
characterization, a sizing standard for BMPs, use of an LID approach to retain the
design storm runoff volume on site, and documentation of the expected effectiveness
of the proposed BMPs. Construction plans will be reviewed for compliance with the
approved WQHP prior to building permit issuance. The project design also addresses
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water quality through the inclusion of a post-construction drainage system that
includes drainage and percolation features designed to retain dry weather runoff and
minor rain event runoff on-site. Any water not retained on-
storm drain system.
Public Access and Views
The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public access
be proportional to the impact. In this case, the project replaces an existing single-
family residence located on standard R-1 lot with a new single-family residence.
Therefore, the project does not involve a change in land use, density or intensity that
will result in increased demand on public access and recreation opportunities.
Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so
as not to block or impede existing public access opportunities.
The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is over 1,500 feet from the project site, near and
Marina Park. This viewpoint is not visible from the site. Furthermore, the proposed
single-family residence complies with all applicable Local Coastal Program (LCP)
development standards and maintains a building envelope consistent with the
existing neighborhood pattern of development. The project does not contain any
unique features that could degrade the visual quality of the coastal zone. As a
bayfront property, the residence and patio will be visible from the water. The
design complies with all required setbacks which minimizes the appearance of
building bulk and the design uses architectural treatments which will enhance
views from the water.
Vertical access to the bay is available at either end of the block. Both 11th Street and
12th Street dead-end into small, sandy, beaches where lateral access is available
and will remain unobstructed. The project does not include any features that would
obstruct access along these routes.
ENVIRONMENTAL REVIEW
This project is categorically exempt pursuant to Title 14 of the California Code of Regulations
Section 15303, of the CEQA Guidelines for Implementation of the California Environmental
Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures),
Division 6, Chapter 3, because it has no potential to have a significant effect on the
environment.
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Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of one single-family residence and the construction of a new 3,719-square-
foot, three-story, single-family residence and an attached 653-square-foot garage.
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.
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. A Notice of Filing was posted to the site on October 30,
2020, by the Applicant and in accordance with Title 21 requirements. Additionally, the
item appeared on the agenda for this meeting, which was posted at City Hall and on the
City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan) of the NBMC. 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:
BMZ/jp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Description
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2020-144 TO
DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND
CONSTRUCT A NEW THREE-STORY SINGLE-FAMILY
RESIDENCE AND ATTACHED 2-CAR GARAGE LOCATED AT
1120 WEST BAY AVENUE (PA2020-304)
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, Inc (Applicant), with respect to property
located at 1120 West Bay Avenue and legally described as Lot 6 of Block 4 of Tract 626,
requesting approval of a coastal development permit.
2. The applicant proposes to demolish an existing single-family residence and construct a
new 3,719-square-foot, three-story, single-family residence and an attached 653-square-
foot garage. The project also includes the installation of landscaping, hardscaping,
drainage, and site walls. A new bulkhead was approved for the site by the California
Coastal Commission (Permit No. 5-19-1513). The bulkhead will be constructed in
conjunction with the new residence. All improvements will be located on private property.
The design complies with all applicable development standards and no deviations are
requested.
3. The subject property is designated RS-D (Single Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1 (Single-Unit Residential)
Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-C (Single Unit Residential Detached) - (10.0 19.9 DU/AC) and it is
located within the R-1 (Single-Unit Residential) Coastal Zone District.
5. A public hearing was held online on February 11, 2021, 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, of the CEQA, Guidelines for Implementation of the California
Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of
Small Structures), California Code of Regulations, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment.
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2. Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of one single-family residence and the construction of a new 3,719-square-
foot, three-story, single-family residence and an attached 653-square-foot garage.
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.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 4,618 square feet and the proposed floor area
is 4,372 square feet.
b. The proposed development provides the minimum required setbacks, which are 25
feet along the waterfront property line, 3 feet along each side property line, and 5
feet along the property line abutting West Bay Avenue.
c. The highest guardrail is less than 24 feet from established grade of 9.00 feet based
on the North American Vertical Datum of 1988 (NAVD88). The highest ridge is no
more than 29 feet from established grade, which complies with the maximum height
requirements.
d. The project includes garage parking for a total of two vehicles, complying with the
minimum two-car garage parking requirement for single-family residences with less
than 4,000 square feet of living area.
2. The adjacent waterfront residences are zoned R-1 with a density of 10.0 to 19.9 dwelling
units per acre while the properties across W Bay Avenue are zoned R-2 with a density
of 20.0 - 29.9 dwelling units per acre. Both zoning districts are predominantly developed
with two and three-story residences. The proposed design, bulk, and scale of the
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development is consistent with the existing and expected future neighborhood pattern
of development.
3. A Coastal Hazards Report and Sea Level Rise Analysis was originally prepared by
GeoSoils, Inc. dated July 8, 2019 (revised December 21, 2020). The current maximum
bay water elevation is 7.7 feet (NAVD88). The report analyzes future sea level rise
scenarios assuming a 2.95-foot increase in the maximum water level over the next 75
years (i.e., the life of the structure). 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). The report concludes that with
the design of the proposed residence and the construction of a new bulkhead, flooding,
wave runup, and erosion will not adversely impact this property over the proposed 75-
year economic life of the development. No additional protective devices will be
necessary to protect the proposed development from any existing or anticipated future
coastal hazards. The project has been conditioned to provide a foundation curb up to 9.5
feet NAVD88, to construct a new bulkhead (as designed and approved by the California
Coastal Commission), and the future installation of waterproofing above 9.5 feet
(NAVD88) as necessary as an adaptation to coastal hazards
4. The lowest finish floor elevation of the proposed single-family residence is 9.0 feet
(NAVD88) which complies with the minimum 9.0-foot (NAVD88) elevation standard.
5. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) - (Natural Landform and Shoreline
Protection), the property owner will be required to enter into an agreement with the City
waiving any potential right to protection to address situations in the future in which the
development is threatened with damage or destruction by coastal hazards (e.g., waves,
erosion, and sea level rise). The property owner will also be required to acknowledge any
hazards present at the site and unconditionally waive any claim to damage or liability
against the decision authority, consistent with NBMC Section 21.30.015(D)(3)(c)
(Waterfront Development - Development Standards). Both requirements are included as
conditions of approval that will need to be satisfied prior to the issuance of building permits
for construction.
6. The property is in an area known for the potential of seismic activity and liquefaction. All
projects are required to comply with the California Building Code (CBC) and Building
Division standards and policies. Geotechnical investigations specifically addressing
liquefaction are required to be reviewed and approved prior to the issuance of building
permits. Permit issuance is also contingent on the inclusion of design mitigation identified
in the investigations. Construction plans are reviewed for compliance with approved
investigations and CBC prior to building permit issuance.
7. The property is located adjacent to coastal waters. A Construction Erosion Control Plan
was provided to implement temporary Best Management Practices (BMPs) during
construction to minimize erosion and sedimentation and to minimize pollution of runoff and
coastal waters derived by construction chemicals and materials. The project design also
addresses water quality through the inclusion of a post-construction drainage system that
includes drainage and percolation features designed to retain dry weather and minor rain
event runoff on-site. Any water not retained on-
system.
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8. Pursuant to Section 21.35.050 (Water Quality and Hydrology Plan) of the NBMC, due to
the proximity of the development to the shoreline and the development containing more
than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP)
is required. A preliminary WQHP has been prepared for the project by Forkert Engineering
& Surveying Inc. The WQHP includes a polluted runoff and hydrologic site characterization,
a sizing standard for BMPs, use of an LID approach to retain the design storm runoff
volume on site, and documentation of the expected effectiveness of the proposed BMPs.
9. Proposed landscaping complies with Implementation Plan Section 21.30.075
(Landscaping). A condition of approval is included that requires drought-tolerant
species. Prior to issuance of building permits, the final landscape plans will be reviewed
to verify invasive species are not planted.
10. The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
Park. This viewpoint is not visible from the site. Furthermore, the proposed single-family
residence complies with all applicable Local Coastal Program (LCP) development
standards and maintains a building envelope consistent with the existing neighborhood
pattern of development. The project does not contain any unique features that could
degrade the visual quality of the coastal zone. As a bayfront property, the residence and
patio will be visible from the water. The design complies with all required setbacks which
minimizes the appearance of building bulk and the design uses architectural treatments
which will enhance views from the water.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public access bear
a and be
proportional to the impact. In this case, the project replaces an existing single-family
residence located on standard R-1 lot with a new single-family residence. Therefore, the
project does not involve a change in land use, density or intensity that will result in
increased demand on public access and recreation opportunities. Furthermore, the project
is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede
existing public access opportunities.
2. Vertical access to the bay is available at either end of the block. Both 11th Street and 12th
Street dead-end into small, sandy, beaches where lateral access is available. The project
does not include any features that would obstruct access along these routes.
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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 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. 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.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2020-144
which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan) of the NBMC. Final action taken by the City may be appealed to the
Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603
of the Coastal Act
PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF FEBRUARY 2021.
_____________________________________
Jaime Murillo, Zoning Administrator
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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. Prior to final of building permits for the new residence, a new bulkhead shall be
constructed to an elevation of 10.60 feet NAVD88 datum, in substantial conformance
with the drawings approved by the California Coastal Commission (Permit No. 5-19-
1513).
3. Prior to final of building permits for the new residence, a foundation curb up to 9.5 feet
NAVD88 shall be constructed.
4. Waterproofing above an elevation 9.5 feet NAVD88 shall be installed as necessary as
an adaptation to coastal hazards.
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 including the
repair and maintenance, enhancement, reinforcement, or any other activity affecting the
bulkhead, that results in any encroachment seaward of the authorized footprint of the
bulkhead or other shoreline protective device. The agreement shall be binding against
the property owners and successors and assigns.
6. Prior to the issuance of a building permit, the property owner shall submit a notarized
signed letter acknowledging all hazards present at the site, assuming the risk of injury
or damage from such hazards, unconditionally waiving any claims of damage against
the City from such hazards, and to indemnify and hold harmless City, its City Council, its
boards and commissions, officials, officers, employees, and agents from and against any
and all claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including without limitation,
development. This letter shall be scanned into the plan set prior to building permit issuance.
7. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
wetlands or their buffers. No demolition or construction materials shall be stored on
public property.
8. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
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9. This Coastal Development Permit does not authorize any development seaward of the
private property.
10. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
11. 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.
12. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
13. 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.
14. 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.
15. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
16. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
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Zoning Administrator Resolution No. ZA2021-###
Page 8 of 9
02-03-2020
17. 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.
18. This Coastal Development Permit may be modified or revoked by the Zoning
Administrator if determined that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare or materially injurious
to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
19. Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
20. Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building
Division.
21. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
plans.
22. Prior to issuance of a building permit, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Coastal
Development file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict
the elements approved by this Coastal Development Permit.
23. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
approved CPPP and WQHP/WQMP and any changes could require separate review
and approval by the Building Division.
24. 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.
25. 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.
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Zoning Administrator Resolution No. ZA2021-###
Page 9 of 9
02-03-2020
26. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
27. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
28. This Coastal Development Permit No. CD2020-144 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.
29. 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
approval of JL Oceanfront LLC and Waterfront 777 Residence including, but not limited to,
Coastal Development Permit No. CD2020-144 (PA2020-304). This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim, action, causes
of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating
or bringing such proceeding. The applicant shall indemnify the City for all of City's costs,
attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions
set forth in this condition. The applicant shall pay to the City upon demand any amount
owed to the City pursuant to the indemnification requirements prescribed in this condition.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Coastal Development Permit No. CD2020-144
(PA2020-304)
1120 West Bay Avenue
Subject Property
Subject Property
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Attachment No. ZA 3
Project Description
19
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Attachment No. ZA 4
Project Plans
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24
25
26
27
28
29
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February 11, 2021, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item 4. JL Oceanfront LLC and Waterfront 777 Residence Coastal
Development Permit No. CD2020-144 (PA2020-304)
1.The previous bulkhead application to the Coastal Commission (Item Th12e on their August
2020 agenda) seems to have been a bit of a bait and switch since it was approved on the
basis of being needed to protect an existing pre-Coastal Act structure (as well as
surrounding streets and infrastructure), when the true purpose seems to have been to
protect an entirely new structure. It might be noted that page 14 of the 19-page CCC staff
report says “If the site is redeveloped in the future, a subsequent hazards analysis will be
required to evaluate the necessity of the bulkhead and the appropriate foundation/ finished
floor elevation of new development.” The CCC analysis seems to have questioned the
adequacy of the 9-foot finished floor of the pre-Coastal Act structure (and the likelihood of its
flooding), something that does not (with the exception of the required 9.5-foot waterproofing
and curb) appear to have been substantially corrected with the new development.
2.The statement at the end of the third bullet under “Hazards” on page 3 of the staff report,
that “While the projected sea level rise in 2020 is to 10.65 (NAVD88) and increases each
year, the bulkhead design allows for it to be raised in the future up to a height of 13.70
(NAVD88), if necessary, and with subsequent planning division review,” is confusing at best.
Fortunately, it is better stated on page 3 of the proposed resolution (handwritten page 10). I
believe 10.65 feet is the maximum water elevation predicted not in 2020, but 75 years after
the date of the Hazards Report, that is, in 2095. And 13.7 feet is the projected water
elevation in the same year, 2095, using a model anticipating a greater amount of sea level
rise (6 feet above the current level).
3.The portion of Fact 3.A.2 on handwritten page 9 that reads “Both zoning districts are
predominantly developed with two and three-story residences” seems misleading as it
implies a nearly equal mix of the two. I appreciate staff providing the perspective view of the
neighborhood on handwritten page 19, but it appears to show no obvious three-story
residences on this block of the waterfront, and a single third-story across “Bay Ave W”
(adjacent to that label). It would seem more accurate to say something like “Both zoning
districts are predominantly developed with two-story residences with a few third-floor
structures.” What is the roof height of the other residences facing the bay?
4.Fact 3.A.4 on handwritten page 10 should read “The lowest finish finished floor elevation
of the proposed single-family residence is 9.0 feet (NAVD88) which complies with the
minimum 9.0-foot (NAVD88) elevation standard.”
5.The last sentence of Fact 3.A.6 on handwritten page 10 should read “Construction plans are
reviewed for compliance with approved investigations and the CBC prior to building permit
issuance.”
Zoning Administrator - February 11, 2021 Item No. 4a Additional Materials Received
JL Oceanfront LLC and Waterfront 777 Residence CDP (PA2020-304)
October 29, 2020, ZA agenda Item 1 comments - Jim Mosher Page 2 of 2
6. Fact 3.A.10 on handwritten page 11, I appreciate that City staff has considered views from
the water (which seems to obvious and extensive a coastal viewpoint to have been
designated as such in the LCP). As to the development maintaining “a building envelope
consistent with the existing neighborhood pattern of development,” as noted in point 3,
above, this is not evident from the perspective view provided in the staff report. Indeed, the
applicant’s rendering on handwritten page 22 (which, deceptively, makes this appear to be a
two-story building) shows shapes on either side that are significantly lower than the
proposal. If those are intended to represent the envelopes within which the neighboring
development has been built, this proposal would seem inconsistent, rather than consistent.
7. With regard to Fact 3.B.2 on handwritten page 11, I agree the development being
considered here does not affect existing lateral access to the shoreline. However, it seems
naïve to suggest lateral access to the site is currently “available” other than by water. Lateral
access to the public beaches fronting the properties in this area is effectively blocked by the
private piers built over it. Public access by land would require either climbing over or
crawling under them, neither of which they are designed for.
Zoning Administrator - February 11, 2021 Item No. 4a Additional Materials Received
JL Oceanfront LLC and Waterfront 777 Residence CDP (PA2020-304)