HomeMy WebLinkAboutZA2021-031 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2021-004 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW TWO-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED 2-CAR GARAGE LOCATED AT 508 VIA LIDO NORD (PA2021-012)05-14-19
RESOLUTION NO. ZA2021-031
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2021-004 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW TWO-STORY SINGLE-FAMILY RESIDENCE AND
ATTACHED 2-CAR GARAGE LOCATED AT 508 VIA LIDO NORD
(PA2021-012)
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, with respect to property located at 508 via
Lido Nord, requesting approval of a coastal development permit.
2. The lot at 508 Via Lido Nord is legally described as Lot 495 of Tract No. 907 in the City
of Newport Beach, Orange County, California.
3. The applicant proposes to demolish an existing single-family residence and construct a
new single-family residence of 3,090 square feet with an attached 473-square-foot garage.
The structure would reach a height of approximately 24 feet and includes two (2)-stories.
The existing bulkhead would be raised to 10.9 feet (NAVD88) and the tiebacks and
deadmen would be replaced. The project also includes additional appurtenances such as
site walls, fences, patios, landscaping, and drainage devices. The design complies with all
development standards including height, setbacks, and floor area limit, 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-C (Single Unit Residential Detached – (10.0-19.9 DU/AC)) and it is
located within the R-1 (Single-Unit Residential) Coastal Zoning District.
6. A public hearing was held online on June 10, 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, Division 6, Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Zoning Administrator Resolution No. ZA2021-031
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Conversion of Small Structures), 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
construction of up to six (6) dwelling units in urbanized areas. The proposed project
consists of the demolition of one (1) single-family residence and the construction of a
new 3,090-square-foot single-family residence and attached 473-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 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 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 4,368 square feet and the proposed floor area
is 3,563 square feet.
b. The proposed development provides the minimum required setbacks, which are 4
feet along the front property line abutting Via Lido Nord, 3 feet along each side
property line and 10 feet along the rear property line abutting the Bay.
c. The highest guardrail and ridge are less than 24 feet from established grade (11.76
feet NAVD88), which complies with the maximum height requirements.
d. The project includes garage parking for a total of two (2) vehicles, complying with
the minimum two (2)-car garage parking requirements for single-family residences
with less than 4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with two (2)-story single-family and multi-
family residences. The proposed design, bulk, and scale of the development is
consistent with the existing neighborhood pattern of development.
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3. The development fronts the Newport Bay and is protected by a bulkhead. A bulkhead
conditions report was prepared by PMA Consulting, Inc. on December 28, 2020. The
report concluded that the bulkhead is in good condition with minor horizontal and
diagonal cracks and should be reinforced through the installation of new tiebacks and
new deadmen. The installation of the tiebacks and deadmen will occur after the
demolition of the existing home is complete and prior to the construction of the new
home. Once the bulkhead is reinforced in accordance with the enclosed drawings, no
repair or replacement of the bulkhead is anticipated within the next 75 years.
4. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated May 28, 2021, for the project. The current maximum bay water
elevation is 7.7 (NAVD88) - (North American Vertical Datum of 1988 (NAVD88) and may
exceed the existing 7.63 feet (NAVD88) top of bulkhead elevation during high tide or
storm events. The report analyzes future sea level rise scenarios assuming a 3.0-foot
increase in the maximum water level over the next 75 years (i.e. the life of the structure).
Therefore, the sea level is estimated to reach approximately 10.70 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). Once the existing seawall/bulkhead is raised and reinforced
per the report’s recommendations, flooding, wave runup, and erosion will not
significantly impact this property over the proposed 75-year economic life of the
development. Flood shields (sandbags and other barriers) can be deployed across the
openings to protect and prevent flooding to the structure. The report concludes that the
proposed project will be reasonably safe from flooding hazards for the next 75 years.
5. The project has been conditioned to raise the bulkhead to a minimum elevation of 10.9
feet (NAVD88), with a design for adaptability elevation of 14.4 feet (NAVD88), in
compliance with the City of Newport Beach Waterfront Project Design Guidelines and
Standards, Harbor Design Criteria Commercial & Residential Facilities.
6. The finished floor elevation of the proposed single-family residence is 11.15 feet
(NAVD88), which complies with the minimum 9.00 feet (NAVD88) elevation standard.
The Coastal Hazard Report concludes that the bay water elevation (currently 7.7 feet
NAVD88) will not exceed the proposed finished floor for the anticipated 75-year life of
the structure.
7. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) – (Natural Landform and Shoreline
Protection - Development Standards), 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) – (General Site Planning and Development Standards - Waterfront
Development). Both requirements are included as conditions of approval that will need to
be satisfied prior to final building inspection, and prior to the issuance of building permits,
respectively.
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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 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.
10. Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), 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 on January 20, 2021 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.
11. 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.
12. 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 across the bay at Kings Road Park and the site is only slightly visible from the
park. As currently developed, the existing property and other residences along the bay and
Via Lido Nord are located within the view shed of the park and bay. However, 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. Additionally, the project does not contain any
unique features that could degrade the visual quality of the coastal zone.
13. The front of the residence, which is visible from the bay, provides additional setbacks
for the first floor and the living areas on the second floor, with the second-floor balcony
at the setback line. The proposed residence includes two (2) stories and reaches a
maximum height of 24 feet, where three (3) stories and a maximum height of 29 feet is
allowed per the NBMC. Lastly, the design includes modulation of volume throughout the
structure and low front site walls that prevent the appearance of the site being walled off
from the bay. Therefore, the project does not have the potential to degrade the visual
quality of the Coastal Zone or result in significant adverse impacts to existing public views.
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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.
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 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 and lateral access to the bay and beach is available 715 feet northwest of the
property at Genoa Park, which is the terminus of Via Genoa. Lateral access is available
along the beach in front of Genoa Park. Additional vertical access points to the water are
located at the terminus of Via Koron and Via Ithaca. The project does not include any
features that would obstruct access along these routes.
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 (Conversion or Construction of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2021-004, 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.) of the City’s certified LCP and Title 14
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
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PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF JUNE, 2021
_____________________________________
Matthew Schneider, 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. The existing seawall shall be capped to a minimum elevation of 10.90 feet NAVD88,
with a design adaptability of 14.4 feet NAVD88, in compliance with the City of Newport
Beach Waterfront Project Guidelines and Standards, Harbor Design Criteria
Commercial & Residential Facilities.
3. The existing seawall shall be reinforced in accordance with the recommendations
provided in the Bulkhead Conditions Report and Coastal Hazards Report and Sea Level
Rise Analysis prepared by PMA Consulting, Inc, dated December 28, 2020 and May 28,
2021 respectively. All improvements shall occur landward of the existing bulkhead.
4. 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.
5. 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,
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. This letter shall be scanned into the plan set prior to building permit issuance.
6. 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.
7. 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.
8. Prior to 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.
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9. 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.
10. 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.
11. 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.
12. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
13. This Coastal Development Permit does not authorize any development seaward of the
private property.
14. 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.
15. 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.
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16. 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.
17. 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.
18. 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.
19. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
20. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. This Coastal Development Permit No. CD2021-004 shall expire unless exercised within 24
months from the date of approval as specified in Section 21.54.060 (Time Limits and
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Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
27. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of Devir Residence including, but not limited to, Coastal Development Permit No.
CD2021-004 (PA2021-012). 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.