HomeMy WebLinkAbout04_The Goalpost Trust Residence CDP and Zoning Clearance_PA2020-320
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 25, 2021
Agenda Item No. 4
SUBJECT: The Goalpost Trust Residence (PA2020-320)
Coastal Development Permit No. CD2020-146
Zoning Clearance No. ZC2020-022
SITE LOCATION: 5201 Seashore Drive, Units A & B
APPLICANT/OWNER: Lawrence Witzer, Trustee, The Goalpost Trust
PLANNER: Patrick Achis, Assistant Planner
949-644-3237, pachis@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-D (Single Unit Residential Detached) (20.0
- 29.9 DU/AC)
Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A coastal development permit and zoning clearance to demolish a nonconforming duplex
and construct a new single-family residence and attached accessory dwelling unit (ADU).
The project would result in a three-story, 1,411-square-foot, single family residence with
a 589-square-foot ADU on the first floor. Parking would be provided as an attached 454-
square-foot two-car garage. The project will close an existing curb cutout on 52nd Street
to create one new on-street public parking space, improving public access. The project
includes additional appurtenances, such as walls, fences, drainage devices, and
hardscaping. The design complies with all applicable development standards and no
deviations are requested.
RECOMMENDATION
1) Conduct a public hearing;
2) This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, 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. CD2020-146 and Zoning Clearance No. ZC2020-022 (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 is
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 in the Coastal Commission Appeal Area.
The property currently consists of one legal lot developed with a duplex that is
nonconforming due to density. The neighborhood is predominantly developed with
two-story, single-family residences. Some structures in the vicinity have three stories,
including properties at 5107, 5205, and 5207 Seashore Drive. R-1 allows
development of third stories subject to certain development standards. 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 project includes a new attached ADU to the proposed single-unit dwelling and
complies with all conditions and applicable development standards of Newport
Beach Municipal Code (NBMC) chapter 21.48.200 (Accessory Dwelling Units).
The proposed ADU has the following characteristics:
1. Measures 580 square feet in area and located on the first floor;
2. Contains one bedroom and bathroom, a kitchen, and living area; and
3. Matches the principal dwelling with respect to architectural style, roof pitch,
color, and materials.
NBMC chapter 21.48.200 (Accessory Dwelling Units) does not require additional
parking to be provided for an ADU when the proposed ADU is located within one-
half mile of a public transit. NBMC 21.48.200(C)(9)(c)(ii) (Accessory Dwelling
Units) defines as a bus stop with fixed route bus service that
provides transit service at fifteen- minute intervals or better during peak commute
periods. The nearest public transport is in the form of an Orange County
Transportation Authority (OCTA) bus stop located at the southwest corner of the
West Balboa Boulevard and 41st Street intersection. This bus stop is 0.5-miles
walking distance from the project site. The OCTA number 47 bus serves this stop
and is identified in the OCTA system map (available as Attachment ZA 3) as a
route offering 15-minutes or less weekday rush hour frequency.
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The project is conditioned to require the recordation of a deed restriction that will
prohibit the use of the ADU for short term rentals (i.e., less than 30 days) and will
also prohibit the sale of the ADU separate from the principal dwelling. Currently
Title 21 has a requirement that the owner of the property occupy either the ADU
or the principal structure and for that requirement to be included in the deed
restriction. State law has placed a moratorium on the owner-occupancy
requirement through 2025, and as such the requirement for owner-occupancy will
not be included in the deed restriction. This requirement is being eliminated as part
of a Local Coastal Program amendment that has been prepared and submitted for
review by the Coastal Commission (City of Newport Beach Local Coastal Plan
Amendment 1-20, LCPA-5-NPB-20-0025-1).
No Traffic Fair Share Fee is being assessed for the creation of a new dwelling unit
as the size of the ADU is less than 750-square-feet.
The proposed detached two-car garage and ADU above conform to all applicable
development standards. Required development standards include floor area limit,
setbacks, off-street parking, and height and the project complies as evidenced by the
project plans and illustrated in Table 1 below.
Table 1 Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Beach) 5 feet 5 feet
Rear (Seashore Drive) 0 Feet 0 Feet
Sides 3 feet 3 feet
Allowable Floor Area (max.) 2,528 square feet 2,454 square feet
ADU Unit Size 750 square feet 589 square feet
Open Space (min.) 190 square feet 193 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24-foot flat roof,
29-foot sloped roof
24-feet flat roof, 29-feet 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 300 feet. The project site is not protected by a
bulkhead.
The finish floor elevation of the first floor of the proposed living area is 13.11 feet
based on the North American Vertical Datum of 1988 (NAVD88), which exceeds
the minimum 9.0-foot (NAVD88) elevation standard for new structures and
year 2100, exceeding the 75-year assumed economic life of the structure.
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A Coastal Hazards Report and Sea Level Rise Analysis was prepared for the
project by GeoSoils, Inc., dated October 1, 2020. The report states that the current
maximum bay water elevation is 7.7 feet (NAVD88). The report analyzes future
sea level rise scenarios assuming a 3.2-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 10.9 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 the habitable portion of the project will be safe
from flooding hazards for the next 75 years.
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 less than 200 feet from coastal waters. As proposed and
conditioned, the project incorporates design features to minimize the effect of
construction and post-construction activities on the marine environment. These
design features include, but are not limited to, one or more of the following: the
appropriate management of equipment and construction materials, reducing runoff
with permeable surfaces, and the use of post-construction best management
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
Public Access and Views
The project site is located between the nearest public road and the sea or shoreline;
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
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and the
replaces an existing nonconforming duplex with a new single-family residence and
attached ADU. 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.
Under IP Section 21.30A.030 (Protection and Provision of Public Access Required),
the project will close an existing curb cutout on 52nd Street to create one new on-
street public parking space, improving public access.
The project is located adjacent to a public beach with an average width of more than
200 feet, is designed and sited so as not to block or impede existing public access
opportunities and occurs within the confines of private property. An existing 15- foot
deep encroachment area on the beach frontage is authorized by an existing
encroachment permit and is to be proposed remain unchanged. 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, including the 52nd Street end, which is located
east of the site.
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
duplex with a new single-family residence and ADU 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. Reorientation of the garage from 52nd Street to the alley will result in
increased articulation of the new structure, as can be seen in the viewshed of the
street-end. 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.
The existing 15-foot patio encroachment on the beachfront is allowed pursuant to
Title 21 Appendix C (Oceanfront Encroachment Policy Guidelines) and the project is
conditioned to maintain an encroachment permit from Public Works. The existing
improvements within the encroachment area are limited to an on-grade patio
enclosed with 30-inch walls. The patio does not affect public views or access to the
public beach.
ENVIRONMENTAL REVIEW
This project is categorically exempt pursuant to Title 14 of the California Code of Regulations
Section 15303, Division 6, Chapter 3, Guidelines for Implementation of the California
Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small
Structures), because it has no potential to have a significant effect on the environment.
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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 a nonconforming duplex and the construction of a new 1,411-square-foot,
single family residence with a 589-square-foot accessory dwelling unit (ADU) on the first
floor. Parking is provided as an attached 454-square-foot two-car garage. The project is
within the parameters noted for the Class 3 exemption and will not 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.
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 at the site by the Applicant
as required by NBMC Chapter 21.50.080 (Posting Notice). 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 (Appeal to the Coastal
Commission)
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:
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BMZ/pda
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Public Transportation Exhibit
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
8
05-14-19
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2020-146 AND
ZONING CLEARANCE NO. ZC2020-022 TO DEMOLISH A
NONCONFORMING DUPLEX AND CONSTRUCT A NEW
SINGLE-FAMILY RESIDENCE AND ATTACHED ACCESSORY
DWELLING UNIT (ADU) ON THE FIRST FLOOR LOCATED AT
5201 SEASHORE DRIVE, UNITS A AND B (PA2020-320)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Lawrence Witzer, Trustee, The Goalpost Trust
with respect to property located at 5201 Seashore Drive, Units A and B, requesting
approval of a coastal development permit and zoning clearance.
2. The parcel at 5201 Seashore Drive is legally described as Lot 1, Block 52, in the Ocean
Front Tract.
3. The Applicant proposes the demolition of a nonconforming duplex and the construction
of a new single-family residence and attached accessory dwelling unit (ADU). The
project would result in a 3-story, 1,411-square-foot, single family residence with a 589-
square-foot ADU on the first floor. Parking is provided as an attached 454-square-foot
two (2)-car garage. The project will close an existing curb cutout on 52nd Street to create
one (1) new on-street public parking space, improving public access. The project includes
additional appurtenances, such as walls, fences, drainage devices, and hardscaping.
The design complies with all applicable development standards and no deviations are
requested.
4. 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.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-D (Single Unit Residential Detached) (20.0 - 29.9 DU/AC) and it is
located within the R-1 (Single-Unit Residential) Coastal Zone District.
6. A public hearing was held online on February 25, 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.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Division 6, Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures), Article 19 of Chapter 3, because it has no potential to
have a significant effect on the environment.
2. Class 3 exempts the demolition of up to three (3) single-family residences and additions
of up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of a nonconforming duplex and the construction of a new 1,411-square-foot,
single family residence with a 589-square-foot ADU on the first floor. Parking is provided
as an attached 454-square-foot two (2)-car garage. The project is within the parameters
noted for the Class 3 exemption and will not have a significant effect on the environment.
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 subject property is zoned R-1. The property is currently developed with a duplex
that is nonconforming due to density.
2. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, parking, and unit size.
a. The maximum floor area limitation for the parcel is 2,528-square-feet. The
proposed single-family residence is 1,411-square-feet, the ADU is 589-square-
feet, and the new garage is 454-square-feet. The total proposed floor area of all
enclosed areas is 2,454 square feet.
b. The development will maintain approximately 193-square-feet of open volume area
on the lot.
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c. The proposed development provides the minimum required setbacks. The
setbacks required for the subject property are 5 feet along the beach, 0 feet off
Seashore Drive, and 3 feet along each side property lines. There are no additional
setback requirements for the proposed ADU.
d. The highest guardrail is less than 24 feet from established grade (13.11 feet based
on the North American Vertical Datum of 1988 [NAVD88]) and the highest ridge is
no more than 29 feet from established grade, which comply with the maximum
height requirements.
e. The detached garage and ADU is designed to be similar to the principal dwelling
with respect to architectural style, roof pitch, color, and materials.
f. NBMC Chapter 21.48.200 (Accessory Dwelling Units) does not require additional
parking to be provided for an ADU when the proposed ADU is located within one
(1)-half mile of a public transit. NBMC Subsection 21.48.200(C)(9)(c)(ii)
(Accessory Dwelling Units)
bus service that provides transit service at fifteen (15) minute intervals or better
during peak commute periods. The nearest public transport is in the form of an
Orange County Transportation Authority (OCTA) bus stop located at the southwest
corner of the West Balboa Boulevard and 41st Street intersection. This bus stop is
0.5-miles walking distance from the project site. The OCTA number 47 bus serves
this stop and is identified in the OCTA system map (available as Attachment ZA 3)
as a route offering 15-minutes or less weekday rush hour frequency. Recent
California state law from 2020 now defines public transit in a more inclusive way.
A Local Coastal Program (LCP) amendment has been prepared and submitted for
review by the Coastal Commission (City of Newport Beach Local Coastal Plan
Amendment 1-20, LCPA-5-NPB-20-0025-1), which would revise parking waiver
standards. The project, as designed, would comply with State law and would
conform to the LCP amendment. Furthermore, this project merely preserves the
existing parking ratio and does not create a greater demand for on-street parking.
3. The project includes a new attached ADU to the proposed single-unit dwelling and
complies with all conditions and applicable development standards of NBMC Section
21.48.200 (Accessory Dwelling Units). The proposed ADU has the following
characteristics:
a. Measures 580 square feet in area and located on the first floor;
b. Contains one bedroom and bathroom, a kitchen, and living area; and
c. Matches the principal dwelling with respect to architectural style, roof pitch,
color, and materials.
4. The project is conditioned to require the recordation of a deed restriction that will prohibit
the use of the ADU for short-term rentals (i.e., less than 30 days) and will also prohibit
the sale of the ADU separate from the principal dwelling. Currently NBMC Section
21.48.200 (Accessory Dwelling Units) has a requirement that the owner of the property
occupy either the ADU or the principal structure and for that requirement to be included
in the deed restriction. State law has placed a moratorium on the owner-occupancy
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requirement through 2025 and as such, the requirement for owner-occupancy will not
be included in the deed restriction. This requirement is being eliminated as part of a
Local Coastal Program amendment that has been prepared and submitted for review by
the Coastal Commission (City of Newport Beach Local Coastal Plan Amendment 1-20,
LCPA-5-NPB-20-0025-1).
5. The property currently consists of one (1) legal lot developed with a nonconforming
residential duplex. The neighborhood is predominantly developed with two (2)-story,
single-family residences. Some structures in the vicinity have three (3) stories, including
properties at 5107, 5205, and 5207 Seashore Drive. R-1 allows development of third
stories subject to certain development standards. 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.
6. A Coastal Hazards Report and Sea Level Rise Analysis was prepared for the project by
GeoSoils, Inc., dated October 1, 2020. The report states that the current maximum bay
water elevation is 7.7 feet based on the North American Vertical Datum of 1988
(NAVD88). The report analyzes future sea level rise scenarios assuming a 3.2-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 10.9 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 the habitable portion of the project will be safe
from flooding hazards for the next 75 years.
7. The finish floor elevation of the first floor of the proposed living area is 13.11 feet
NAVD88), which exceeds the minimum 9.0-foot (NAVD88) elevation standard for new
(NAVD88) for the year 2100, exceeding the 75-year assumed economic life of the
structure.
8. The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code (CBC)
and Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance of
building permits. Permit issuance is also contingent on the inclusion of design mitigation
identified in the investigations. Construction plans are reviewed for compliance with
approved investigations and CBC prior to building permit issuance.
9. 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.
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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;
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
and be proportional to the impact. In this case, the project replaces an existing
nonconforming duplex with a new single-family residence and attached ADU. Therefore,
the project does not involve a change in land use, density or intensity that will result in
increased demand on public access and recreation opportunities.
2. Under IP Section 21.30A.030 (Protection and Provision of Public Access Required), the
project will close an existing curb cutout on 52nd Street to create one (1) new on-street
public parking space, improving public access.
3. The project is located adjacent to a public beach with an average width of more than 200
feet, is designed and sited so as not to block or impede existing public access opportunities
and occurs within the confines of private property. An existing 15- foot deep encroachment
area on the beach frontage is authorized by an existing encroachment permit and is to be
proposed remain unchanged. 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, including the 52nd
Street end, which is located east of the site.
4. 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 duplex with a
new single-family residence and ADU 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. Reorientation of
the garage from 52nd Street to the alley will result in increased articulation of the new
structure, as can be seen in the viewshed of the street-end. 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.
5. The existing 15-foot patio encroachment on the beachfront is allowed pursuant to Title 21
Appendix C (Oceanfront Encroachment Policy Guidelines) and the project is conditioned
to maintain an encroachment permit from Public Works. The existing improvements within
the encroachment area are limited to an on-grade patio enclosed with 30-inch walls. The
patio does not affect public views or access to the public beach.
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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. CD2020-146 and Zoning Clearance No. ZC2020-022, 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 (Appeal to the Coastal Commission)
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 25TH 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 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 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.
3. 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.
4. Prior to the issuance of a building permit, the property owner shall record a deed
satisfactory to the City Attorney. The deed restriction document shall notify future
owners of the restrictions on short-term rentals. This deed restriction shall remain in
effect so long as the accessory dwelling unit exists on the property.
5. Prior to building permit final, the project must close the existing curb cutout on 52nd Street
project frontage to create a new on-street metered parking stall.
6. Garage access must be taken from Seashore Drive.
7. Each unit shall be served by its individual water meter and sewer lateral and cleanout.
Each water meter and sewer cleanout shall be installed with a traffic-grade box and
cover.
8. Reconstruct all damaged curb, gutter and sidewalk along the 52nd Street and Seashore
Drive frontages per City Standard.
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Zoning Administrator Resolution No. ZA2020-###
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02-03-2020
9. A new ocean front encroachment permit must be obtained for the proposed
encroachment within the ocean front area. Proposed encroachments shall be consistent
with the Local Coastal Program Implementation Plan, Appendix C.
10. An encroachment permit is required for all work activities within the public right-of-way.
11. All improvements must
Standard 110-L.
12. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right-of-way could be
required at the discretion of the Public Works Inspector.
13. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
14. This Coastal Development Permit does not authorize any development seaward of the
private property.
15. 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 (1) or two (2) short follow-up surveys will be necessary to check on the nest
and determine when the nest is no longer active.
16. 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.
17. 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.
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18. 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.
19. 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.
20. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
21. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
22. 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.
23. 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.
24. 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.
25. 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.
26. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
plans.
27. 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.
28. Prior to issuance of a building permit, 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.
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29. Prior to the issuance of a building permit, 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.
30. 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.
31. 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.
32. 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.
33. This Coastal Development Permit No. CD2020-146 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.
34. 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
and court costs) of every kind and nature
approval of The Goalpost Trust Residence and ADU including, but not limited to, Coastal
Development Permit No. CD2020-146 and Zoning Clearance No. ZC2020-022 (PA2020-
320). 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.
18
Attachment No. ZA 2
Vicinity Map
19
VICINITY MAP
Coastal Development Permit No. CD2020-146 and
Zoning Clearance No. ZC2020-022
PA2020-320
5201 Seashore Drive, Units A and B
Subject Property
Subject Property
20
Attachment No. ZA 3
Public Transportation Exhibit
21
22
Attachment No. ZA 4
Project Plans
23
24
25
26
27
28
29
30
31
32
33
34
35