HomeMy WebLinkAboutZA2021-040 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2021-008 FOR THE DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND THE CONSTRUCTION OF A NEW THREE (3)-STORY, 3,880-SQUARE-FOOT, SINGLE-FAMILY RESIDENCE WITH A 712-SQUARE-FOOT ATTACHED THREE (3)-RESOLUTION NO. ZA2021-040
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2021-008 FOR THE
DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE
AND THE CONSTRUCTION OF A NEW THREE (3)-STORY, 3,880-
SQUARE-FOOT, SINGLE-FAMILY RESIDENCE WITH A 712-
SQUARE-FOOT ATTACHED THREE (3)-CAR GARAGE
LOCATED AT 13 BEACON BAY (PA2021-036)
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 13
Beacon Bay, and legally described as Lot 13 of Record of Survey Book 9 Page 42,
requesting approval of a Coastal Development Permit.
2. The applicant proposes the demolition of an existing single-family residence and the
construction of a new three (3)-story, 3,880-square-foot, single-family residence with a
712-square-foot attached garage. The proposed development also includes additional
appurtenances such as walls, fences, patios, hardscape, drainage devices, and
landscaping.
3. The subject property is located within the Two-Unit Residential (R-2) Zoning District and
the General Plan Land Use Element category is Two Unit Residential (RT). The R-2
Zoning District permits single-unit residential dwellings.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Two Unit Residential (10.0 – 19.9 DU/AC) – (RT-C) and the Coastal Zoning
District is Two-Unit Residential (R-2).
5. A public hearing was held online on July 15, 2021, consistent with Governor’s Executive
Orders N-08-21 and N-29-20 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
Conversion of Small Structures), because it has no potential to have a significant effect
on the environment.
Zoning Administrator Resolution No. ZA2021-040
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2. Class 3 exempts the construction of limited numbers of new, small structures, including
one (1) single-family residence. The proposed project is a new single-family residence
located in the R-2 Coastal Zoning District.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Findings and Decision) of the Newport Beach Municipal
Code (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 5,576 square feet and the proposed floor area
is 4,592 square feet.
b. The proposed development complies with the required setbacks, which are 15 feet
abutting the bay, 3 feet abutting Beacon Bay, and 3 feet along each side property
line.
c. The highest guardrail/parapet is below 24 feet from established grade and the
highest ridge is 29 feet from established grade. The proposed development
complies with all height requirements.
d. The proposed development provides a three (3)-car garage, exceeding the
minimum garage requirement for a single-family residence.
e. The proposed development has a finished floor of 10.38 feet North American
Vertical Datum of 1988 (NAVD 88), which complies with the minimum 9.0-foot
NAVD 88 top of slab elevation requirement for interior living areas of new
structures.
2. The neighborhood is predominantly developed with two (2)- and three (3)-story single
and two (2)-unit residences. The proposed three (3)-story structure’s design, bulk, and
scale of the development is consistent with the existing neighborhood pattern of
development and expected future development.
3. A Coastal Hazards Report was prepared by Geosoils, Inc. on June 8, 2021. The project
site is separated from the water by a small sandy beach. The report concludes that the
highest high tide elevation (currently 7.7 feet NAVD 88) will not exceed 10.9 feet (NAVD
88) using the low-risk aversion projected sea level rise (3.2-foot increase) over the 75-
year design life of the structure based on estimates for sea level rise provided by the
Zoning Administrator Resolution No. ZA2021-040
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State of California Sea-Level Rise Guidance 2018. The report states that the estimated
sea level rise over the next 75 years, using the Medium-High Risk Aversion, is potentially
6 feet (13.7 feet NAVD 88). The proposed structure includes a curb at 10.9 feet NAVD
88 and can be adapted up to 14.4 feet (NAVD 88) in the future, if necessary.
Additionally, the site has not historically been subject to any wave overtopping, nor is
overtopping waters over the next 75 years expected to reach the subject site, even under
extreme conditions. Based on the data provided, the study provides no
recommendations necessary for shoreline protection devices and concludes that coastal
hazards will not impact the property over the next 75 years, as the proposed project has
minimal risk from flooding.
4. 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 2,500 square feet of impervious surface area, a Water Quality Management
Plan (WQMP) is required. A WQMP prepared by Thomas M. Ruiz, Civil Engineer, dated
February 22, 2021, has been submitted and will be reviewed by the City’s Engineer
Geologist. The WQMP includes a polluted runoff and hydrologic site characterization, a
sizing standard for BMPs, use of a LID approach to retain the design storm runoff volume
on site, and documentation of the expected effectiveness of the proposed BMPs.
5. The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code (CBC)
and Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance of
building permits. Permit issuance is also contingent on the inclusion of design mitigation
identified in the investigations. Construction plans are reviewed for compliance with
approved investigations and the CBC prior to building permit issuance.
6. The project site is not located adjacent to a coastal view road, public viewpoint, public park,
or public accessway, as identified in the Coastal Land Use Plan. The project site is located
adjacent to a public beach and is visible from the beach. The project may be located within
the viewshed of other distant public viewing areas. Site evaluation revealed that the
proposed three (3)-story design is consistent with the existing neighborhood pattern of
development and will not affect the existing views afforded on Cape Cove or Shelter Cove
street ends. The project will replace an existing single-family residence with a new single-
family residence that complies with all applicable Local Coastal Program (LCP)
development standards and maintains a building envelope consistent with the existing
neighborhood pattern of development. Therefore, the project does not have the potential
to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to
public views.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is located between the nearest public road and the sea or shoreline of any
body of water located within the coastal zone.
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Facts in Support of Finding:
1. The project site is located in the Beacon Bay area between the nearest public road and
the sea. 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 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 so as not to block or impede
existing public access opportunities.
2. The project is also located on a block between Cape Cove and Shelter Cove, which are
identified as public beach access locations. The project does not interfere with the existing
nearby access to the beach.
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. CD2021-008, 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 (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) of the City’s certified LCP and
Title 14 California Code of Regulations, Sections 13111 through 13120, and Section
30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF JULY, 2021.
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
3. Coastal Development Permit No. CD2021-008 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 (NBMC), unless an extension is
otherwise granted.
4. Prior to issuance of building permits, the project plans shall be updated to reflect that a
waterproofing curb or similar design feature will be constructed around the proposed
residence as an adaptive flood protection device up to 10.9 feet (NAVD88). Flood
shields (sand bags and other barriers) can be deployed across the openings to protect
prevent flooding to the structure.
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 to address the
threat of damage or destruction from waves, erosion, storm conditions, landslides,
seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the
property, or development of the property, today or in the future. The agreement shall be
binding against the property owners and successors and assigns.
6. Prior to the issuance of a building permit, the property owner shall 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.
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.
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8. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
9. All proposed accessory structures located within setback areas shall comply with
applicable height limits consistent with Zoning Code Section 20.30.040 (Fences,
Hedges, Walls, and Retaining Walls).
10. 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.
11. 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. Stock-piles 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.
12. 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.
13. 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.
14. 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.
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.
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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. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
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 permit, the applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
20. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner, or the leasing agent.
21. 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 Irwin Residence including, but not limited to, Coastal Development Permit No.
CD2021-008 (PA2021-036). 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.
Building Division
22. 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
WQHP/WQMP and any changes could require separate review and approval by the
Building Division.
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23. 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.
24. Prior to issuance of the building permits, a copy of the Resolution, including conditions
of approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
25. 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.