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HomeMy WebLinkAbout03_Rosen Residence CDP_PA2021-110CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT July 29, 2021 Agenda Item No. 3 SUBJECT: Rosen Residence (PA2021-110) Coastal Development Permit No. CD2021-021 SITE LOCATION: 3906 River Avenue APPLICANT: William Guidero, Architect OWNER: Richard Rosen PLANNER: Afshin Atapour, Planning Technician 949-644-3212, aatapour@newportbeachca.gov LAND USE AND ZONING General Plan Land Use Plan Category: RT (Two Unit Residential) Zoning District: R-2 (Two-Unit Residential) Coastal Land Use Plan Category: RT-E (Two Unit Residential - 30.0 - 39.9 DU/AC) Coastal Zoning District: R-2 (Two-Unit Residential) PROJECT SUMMARY A Coastal Development Permit (CDP) to allow the demolition of an existing single-family residence and construction of a 2,677-square-foot, three-story, single-family residence with an attached 550-square-foot two-car garage. The project includes landscape, hardscape, drainage, and accessory structures all within the confines of the property. The project also includes a reinforced bulkhead with cap for coastal hazards protection.The project complies with all development standards and no deviations are requested. The subject property is bisected by the coastal permit jurisdiction boundary resulting in a portion of the single-family residence, front patio accessory improvements, and the bulkhead improvements within California Coastal Commission’s permit jurisdiction. This Coastal Development Permit is intended to cover portions of the project within the City’s permit authority as designated in the Local Coastal Program (Title 21 of the Newport Beach Municipal Code). RECOMMENDATION 1)Conduct a public hearing; 2)Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 1 Rosen Residence (PA2021-110) Zoning Administrator, July 29, 2021 Page 2 6, Chapter 3, because it has no potential to have a significant effect on the environment; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development Permit No. CD2021-021 (Attachment No. ZA 1). DISCUSSION Land Use and Development Standards  The subject property is located in the R-2 Coastal Zoning District, which provides for single- and two-unit residential development and is consistent with the City’s Coastal Land Use Plan, General Plan, and Zoning Code. A coastal development permit is required, and the property is not eligible for a waiver for de minimis development because the property is located in the Coastal Commission Appeal Area.  The property currently consists of one legal lot developed with a single-family residence. The neighborhood is predominantly developed with two- and three-story, single-family and two-unit residences with scattered one-story residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development consistent with applicable development standards.  The proposed single-family residence 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. Table 1 – Development Standards Development Standard Standard Proposed Setbacks (min.) Front (River Avenue) 4 feet 4 feet Sides 3 feet 3 feet 2nd Front (Harbor) 20 feet 20 feet Allowable Floor Area (max.) 3,430 square feet 3,227 square feet Allowable 3rd Floor Area (max.) 343 square feet 342 square feet Allowable 3rd Floor Covered (max.) 857.5 square feet 787 square feet Open Space (min.) 257 square feet 257 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 2 Rosen Residence (PA2021-110) Zoning Administrator, July 29, 2021 Page 3 Hazards  A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils, Inc. dated June 10, 2021, for the project. The current maximum bay water elevation is 7.7 feet (NAVD 88) and may exceed the current top of bulkhead elevation of 6.78 feet (NAVD 88) during high tide or storm events. The report analyzes future sea level rise scenarios assuming a three-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 10.7 feet (NAVD 88) - (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).  On March 23, 2021, the City Council approved updated Waterfront Project Design Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities. The guidelines require that any structure permitted within the years 2021 through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD 88) with a design for adaptability elevation of 14.4 feet (NAVD 88). The project has been conditioned to raise the bulkhead to an elevation of 10.9 feet (NAVD 88). PMA Consulting, Inc. has confirmed the bulkhead design can be raised up to 14.4 feet (NAVD 88) if needed and in compliance with the updated guidelines.  Once the existing seawall/bulkhead is reinforced/capped/raised per the report’s recommendations, flooding, wave run-up, and erosion will not significantly impact this property over the proposed 75-year economic life of the development. A waterproofing curb will be constructed around the perimeter of the dwelling that would protect against flooding up to an elevation of 10.9 feet (NAVD 88). 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 is reasonably safe from the flooding hazards for the next 75 years with the reinforced/capped/raised bulkhead and a flood protection curb. Therefore, the project has been conditioned to raise/cap the bulkhead and include a flood protection curb structure up to 10.9 feet (NAVD 88).  The finished floor elevation of the proposed single-family residence is 9.65 feet (NAVD 88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard. The Coastal Hazards Report concludes that the bay water elevation (currently 7.7 feet NAVD 88) will not exceed the proposed flood protection curb around the single-family residence at 10.9 feet (NAVD 88) for the anticipated 75- year life of the structure.  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 3 Rosen Residence (PA2021-110) Zoning Administrator, July 29, 2021 Page 4 Waiver of Future Protection is included as a condition of approval that will need to be satisfied prior to final building inspection.  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 Standards). The Acknowledgement of Coastal Hazards is included as a condition of approval that will need to be satisfied prior to the issuance of building permits.  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 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  Pursuant to Newport Beach 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 preliminary Water Quality and Hydrology Plan (WQMP) is required. A preliminary WQMP has been prepared for the project by Thomas M. Ruiz dated, May 5, 2021. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of a Low Impact Development (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 WQMP prior to building permit issuance.  The project design addresses water quality with a construction erosion control plan and 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-site is directed to the City’s storm drain system. Public Access and Views  Vertical access to the bay is available near the site at the end of 40th Street. Lateral access is available at the Channel Place Park where there is a small access point and beach. The project does not include any features that would obstruct access along these routes. 4 Rosen Residence (PA2021-110) Zoning Administrator, July 29, 2021 Page 5  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 a standard R-2 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 or public access way but is located near a designated Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest viewpoint is located at Newport Island Park, which is accessible to the public and provides opportunities to view the water. The residence is not located between the park and the bay and would not obscure views from this public area. The third story of the proposed structure may be visible from the park; 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. The project complies with all third-floor standards of the NBMC which limit the size and location of the third floor. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 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 2,677 square- foot, three-story, single-family residence with an attached 550 square-foot two-car garage and therefore qualifies within this exemption. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of this exemption. 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. 5 Rosen Residence (PA2021-110) Zoning Administrator, July 29, 2021 Page 6 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. 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 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. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: MKN/aa Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans 6 Attachment No. ZA 1 Draft Resolution 7 RESOLUTION NO. ZA2021-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2021-021 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW THREE (3)-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED TWO (2)-CAR GARAGE LOCATED AT 3906 RIVER AVENUE (PA2021-110) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by William Guidero, Architect, with respect to property located at 3906 River Avenue, requesting approval of a coastal development permit. 2. The lot at 3906 River Avenue is legally described as Lot 4, Block 239, Canal Section. 3. The Applicant proposes to demolish an existing duplex and construct a new 2,677 square- foot, three (3)-story, single-family residence with an attached 550 square-foot two (2)-car garage. The project includes landscape, hardscape, drainage, and accessory structures all within the confines of the property. The project includes landscape, hardscape, drainage, and accessory structures all within the confines of the property. The project also includes a reinforced bulkhead with cap for coastal hazards protection.The project complies with all development standards and no deviations are requested. 4. The subject property is bisected by the coastal permit jurisdiction boundary resulting in a portion of the property within California Coastal Commission’s permit jurisdiction. This Coastal Development Permit is intended to cover portions of the project within the City’s permit authority as designated in the certified Local Coastal Program (LCP) (Title 21 of the Newport Beach Municpal Code). 5. The subject property is designated RT (Two Unit Residential Detached) by the General Plan Land Use Element and is located within the R-2 (Two-Unit Residential) Zoning District. 6. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-E (Two Unit Residential – 30.0 - 39.9 DU/AC) and it is located within the R- 2 (Two-Unit Residential) Coastal Zone District. 7. A public hearing was held online on July 29, 2021, consistent with Governor’s Executive Order 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. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 8 Zoning Administrator Resolution No. ZA2021-### Page 2 of 10 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15303, Article 19 of 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. 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 one (1) single-family residence and the construction of a new 2,677- square-foot, three (3)-story, single-family residence with an attached 550-square-foot two (2)-car garage and therefore qualifies within this exemption. 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 3,430 square feet and the proposed floor area is 3,227-square-foot. b. The proposed development provides the minimum required setbacks, which are four (4) feet along the front property line abutting River Avenue, three (3) feet along each side property line, and 20 feet along the second front property line abutting the water. c. The highest guardrail is less than 24 feet from established grade and the highest ridge is no more than 29 feet from established grade, which complies with the maximum height limitation. 9 Zoning Administrator Resolution No. ZA2021-### Page 3 of 10 d. The project includes garage parking for a total of two (2) vehicles, complying with the minimum two (2)-car garage parking requirement for single-family residences with less than 4,000 square feet of habitable floor. 2. The neighborhood is predominantly developed with two (2)- and three (3)-story, single- family and two (2)-unit residences with scattered one (1)-story residences. 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. 3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils, Inc. dated June 10, 2021, for the project. The current maximum bay water elevation is 7.7 feet (NAVD 88) and may exceed the current top of bulkhead elevation of 6.78 feet (NAVD 88) during high tide or storm events. The report analyzes future sea level rise scenarios assuming a 3-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 10.7 feet (NAVD 88) - (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). 4. On March 23, 2021, the City Council approved updated Waterfront Project Design Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities. The guidelines require that any structure permitted within the years 2021 through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD 88) with a design for adaptability elevation of 14.4 feet (NAVD 88). The project has been conditioned to raise the bulkhead to an elevation of 10.9 feet (NAVD 88). PMA Consulting, Inc. has confirmed the bulkhead design can be raised up to 14.4 feet (NAVD 88) if needed and in compliance with the updated guidelines. 5. Once the existing seawall/bulkhead is reinforced/capped per the report’s recommendations, flooding, wave run-up, and erosion will not significantly impact this property over the proposed 75-year economic life of the development. A waterproofing curb will be constructed around the perimeter of the dwelling that would protect against flooding up to an elevation of 10.9 feet (NAVD 88). 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 is reasonably safe from the flooding hazards for the next 75 years with the reinforced/capped bulkhead and a flood protection curb. Therefore, the project has been conditioned to raise/cap the bulkhead and include a flood protection curb structure up to 10.9 feet (NAVD 88). 6. The finished floor elevation of the proposed single-family residence is 9.65 feet (NAVD 88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard. The Coastal Hazards Report concludes that the bay water elevation (currently 7.7 feet NAVD 88) will not exceed the proposed flood protection curb around the single-family residence at 10.9 feet (NAVD 88) for the anticipated 75-year life of the structure. 10 Zoning Administrator Resolution No. ZA2021-### Page 4 of 10 7. 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 Waiver of Future Protection is included as a condition of approval that will need to be satisfied prior to final building inspection. 8. 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 Standards). The Acknowledgement of Coastal Hazards is included as a condition of approval that will need to be satisfied prior to the issuance of building permits. 9. 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 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. 10. 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-site is directed to the City’s storm drain system. 11. Pursuant to Newport Beach 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 preliminary Water Quality and Hydrology Plan (WQMP) is required. A preliminary WQMP has been prepared for the project by Thomas M. Ruiz dated, May 5, 2021. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of a Low Impact Development (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 WQMP prior to building permit issuance. 11 Zoning Administrator Resolution No. ZA2021-### Page 5 of 10 12. The project design addresses water quality with a construction erosion control plan and 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-site is directed to the City’s storm drain system. 13. 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. 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. Vertical access to the bay is available near the site at the end of 40th Street. Lateral access is available at the Channel Place Park where there is a small access point and beach. The project does not include any features that would obstruct access along these routes. 2. 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 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 a standard R-2 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. 3. The project site is not located adjacent to a coastal view road or public access way but is located near a designated Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest viewpoint is located at Newport Island Park, which is accessible to the public and provides opportunities to view the water. The residence is not located between the park and the bay and would not obscure views from this public area. The third story of the proposed structure may be visible from the park; 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. The project complies with all third-floor standards of the NBMC which limit the size and location of the third floor. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. 12 Zoning Administrator Resolution No. ZA2021-### Page 6 of 10 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 (CEQA) 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. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2021-021 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. PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF JULY, 2021. _____________________________ Matthew Schneider Zoning Administrator 13 Zoning Administrator Resolution No. ZA2021-### Page 7 of 10 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. Prior to final of building permits for the new residence, The existing seawall shall be reinforced and capped to 10.90 feet (NAVD 88) and capable to be raised up to 14.4 feet (NAVD 88), 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 Coastal Hazards Report and Sea Level Rise Analysis prepared by GeoSoils, Inc. dated June 10, 2021. 4. Prior to issuance of building permits, a waterproofing curb or similar design feature shall be constructed around the proposed residence as an adaptive flood protection device up to 10.9 feet (NAVD88). Flood shields (sandbags and other methods) can be deployed across the openings to protect prevent flooding to the structure. 5. Waiver of Future Protection for Properties with Approved Bulkheads – 21.30.030.C.3(i) – (Natural Landform and Shoreline Protection). 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. Acknowledgement of Hazards for Waterfront Development - 21.30.015.D.3(c) – (Waterfront - Development Standards). 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. 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, 14 Zoning Administrator Resolution No. ZA2021-### Page 8 of 10 wetlands or their buffers. No demolition or construction materials shall be stored on public property. 8. Demolition beyond the approved scope of work requires planning division approval prior to commencement of work. Approval of revisions to project plans are not guaranteed. Any changes in the current scope of work may require the entire structure to be demolished and redeveloped in conformance with the current Zoning Code Development Standards. 9. 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 10. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 11. 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. 12. 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. 13. 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. 15 Zoning Administrator Resolution No. ZA2021-### Page 9 of 10 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. 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 approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 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 approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 23. 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. 24. 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. 16 Zoning Administrator Resolution No. ZA2021-### Page 10 of 10 25. 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. 26. 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. 27. Coastal Development Permit No. CD2021-021 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. 28. 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 the Rosen Residence including, but not limited to, Coastal Development Permit No. CD2021-021 (PA2021-110). 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. 17 Attachment No. ZA 2 Vicinity Map 18 VICINITY MAP Coastal Development Permit No. CD2021-021 (PA2021-110) 3906 River Avenue Subject Property Subject Property 19 Attachment No. ZA 3 Project Plans 20 21 22 23 24 25 26 27 OHOHOHOHOHOHCLLOT 4 CANAL SECTIONBLOCK 239M.M. 4/98LOT 5LOT 3CLBASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF RIVERAVENUE HAVING A BEARING OF N37°13'30"W PER RSB 202/19.BENCHMARK INFORMATIONTITLE REPORT/EASEMENT NOTESNO TITLE REPORT PROVIDEDLEGAL DESCRIPTIONREAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA AND ISDESCRIBED AS FOLLOWS:LOT 4 OF BLOCK 239, OF CANAL SECTION, IN THE CITY OFNEWPORT BEACH, COUNTY OF ORANGE, STATE OFCALIFORNIA AS PER MAP RECORDED IN BOOK 4, PAGE 98, OFMISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.LCEXISTING ELEVATIONLEGEND( )FOUND EXISTING MONUMENT AS NOTER HEREONSEARCHED, FOUND NOTHING; SETNOTHINGFSFLFINISHED SURFACEFLOWLINEFFG FINISHED FLOOR GARAGECONCRETE SURFACET.B.M.TEMPORARY BENCHMARKSET ON A SEWER CLEANOUT (SCO)ELEVATION = 6.34 FEETHUNTINGTON BEACH, CALIFORNIA 92646PHONE:(714)488-5006 FAX:(714)333-4440 APEXLSINC@GMAIL.COMPAUL D. CRAFT, P.L.S. 8516 DATENOTE: SECTION 8770.6 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODESTATES THAT THE USE OF THE WORD CERTIFY OR CERTIFICATION BY ALICENSED LAND SURVEYOR IN THE PRACTICE OF LAND SURVEYING OR THEPREPARATION OF MAPS, PLATS, REPORTS, DESCRIPTIONS OR OTHER SURVEYINGDOCUMENTS ONLY CONSTITUTES AN EXPRESSION OF PROFESSIONAL OPINIONREGARDING THOSE FACTS OR FINDINGS WHICH ARE THE SUBJECT OF THECERTIFICATION AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE,EITHER EXPRESSED OR IMPLIED.LICENSE RENEWAL DATE 12/31/22PAULDOMINICKCRAFT PROFESSIONALLANDSURVEYOR FFFINISHED FLOORWATER METERWMGAS METERGMCENTERLINETSTOP OF STEPGRAPHIC SCALESURVEYOR OR ENGINEER SHALL PERMANENTLY MONUMENT PROPERTYCORNERS OR OFFSETS BEFORE STARTING GRADING.PLEASE CALL PAUL CRAFT @ 714-488-5006 TO SCHEDULE.SURVEYOR'S NOTESBLOCK WALLVICINITY MAPBENCHMARK NO: J-782DESCRIPTION:FOUND 3 3\4" OCS ALUMINUM BENCHMARK DISK STAMPED "J 782 1946", SET INTHE TOP OF A CONCRETE POST. MONUMENT IS LOCATED IN THE NORTHEASTCORNER OF THE INTERSECTION OF 29TH STREET AND NORTHBOUND NEWPORTBOULEVARD, 24.3 FT. EASTERLY OF THE CENTERLINE OF THE NORTHBOUNDLANES ALONG NEWPORT BOULEVARD AND 23.3 FT. NORTHERLY OF THECENTERLINE OF 29TH STREET. MONUMENT IS SET LEVEL WITH THE SIDEWALK.ELEVATION: 6.978 FEET (NAVD88), YEAR LEVELED 2015OVERHEAD POWERLINESOHEVTELECTRICAL VAULTPOWER POLEPPSEWER CLEANOUTSCOTDTOP OF DECKTCTOP OF CURBTWTOP OF WALLTXTOP OF DRIVEWAY XWATERPAUL D CRAFT4/19/202128 PMA Consulting, Inc.Consulting Structural Engineers28161 Casitas Ct., Laguna Niguel, CA 92677Phone: (714) 717-7542E-Mail: P.Petrov@PMA-BG.comREINFORCING THE EXISTING SEAWALLLOCATED AT:3906 RIVER AVENUENEWPORT BEACH, CA 92663RICHARD ROSEN3906 RIVER AVENUENEWPORT BEACH, CA 92663SW-0 29 N37°13'30"E 28.57'N52°46'30"W 100.00'N52°46'30"W 100.00'PMA Consulting, Inc.Consulting Structural Engineers28161 Casitas Ct., Laguna Niguel, CA 92677Phone: (714) 717-7542E-Mail: P.Petrov@PMA-BG.comREINFORCING THE EXISTING SEAWALLLOCATED AT:3906 RIVER AVENUENEWPORT BEACH, CA 92663RICHARD ROSEN3906 RIVER AVENUENEWPORT BEACH, CA 92663SW-1 30 31 STEPHEN M. DOLLE 3908 ½ River Ave. Newport Beach, CA 92663 Email: 3tIons co Mobile Tel. (714) 749-0851 July 28, 2021 Attn: Zoning Administrator Community Develop Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Email: D@newporrbea~ Re: Comments/Questions for July 29, 2021 Public Zoning Hearing on Rosen House My comments, questions, and requests below are my first written accounting and complaint to the city regarding the "pro construction & demolition" practices in my Balboa Peninsula neighborhood over the last 15 years. The noise, congestion, dirt, unhealthful effects, and harassment I've faced from the construction has risen to the point of making it unbearable to live here. I have been meaning to write to the city on these concerns for some time. I wasn't sure if I should speak to the mayor's office, my city Councilwoman Diane Dixon, or the City Attorney's office. I have shared some of this to Diane Dixon via email & Facebook, and verbally to Yolanda Summerhill in the City Attorney's office. I felt this needs to be brought up at the July 29, 2021, Zoning Public Hearing on the Rosen house demolition, and have it referred to the appropriate departments within the City of Newport Beach. I live just "six feet" from the 3906 River Ave. requested demolition & 3-story 2667 square-foot residence, at 3908 ½ River Ave .. I do not believe any human can reasonably inhabit a 1950s era home "six feet" away from a construction project of this magnitude, let alone an individual such as myself with "sensory processing disorder" noise sensitivity due to hydrocephalus times 12 brain surgeries, plus a neuro autoimmune disorder that's confined me to 12-15 hours a day in bed. I come to the city today with complaints, comments, questions, and requests for remedy to the unhealthful construction noise in the neighborhood, and the associated harassment and hateful language that I "need to move" if I can't handle the unregulated construction -which has escalated since about 2015. Facts and Arguments of my Complaint: 1. Since about 2015 I have been called hateful names such as "mental" by a neighbor after intervening in my keeping a recycling bin on our driveway/sidewalk to keep passers-by away from our property entrance in 2020 at the height of the Covid19 lockdowns. This neighbor took issue with my having an anti-body health issue & being very vulnerable to Covid19, saying the neighborhood is talking about me and that I am "mental." Then in 2019, an active realtor on my street said I have a "defect" if I cannot handle the noise 1 I s. Dolle Comments & Questions on July 29, 2021 Zoning Hearing on Rosen House Zoning Administrator - July 29, 2021 Item No. 3a Additional Materials Received Rosen Residence CDP (PA2021-110) from jets flying overhead during the HB airshow. We must have had 40 fly-bys over 4 days at ridiculously high & harmful dBA levels. On other occasions, comments such as by my 3906 Rosen neighbor who is the subject of this hearing, were more direct, "You have to move if you can't handle the construction noise," they said on multiple occasions. Now I am very familiar with sensory processing disorder and sound/health monitoring from my past 25+ years of neuroscience work, and being an affected individual. So to have people harass me for this when I know how it is medically supported as a disability, with associated disability rights protections, really draws my frustration. And I think this bolsters a legal case if I ever brought one. 2. Where is the Noise Monitoring & Scientific Reports for Balboa Peninsula Construction? I've never seen anyone from the city, nor heard of any noise monitored during any of this neighborhood construction. Because home construction & demolition has become so commonplace (way more than surrounding cities) I'd like to see best health science & up to date regulations -not citing the 1977 Fair Housing Law as your defense. I also think builders are doing a lot of cost-cutting in hiring undocumented workers, and that can result in higher noise and street commotion levels. I recorded one of the loud pieces of construction equipment that ran" daily" at a Newport Island remodel last year, and uploaded it to YouTube. I couldn't have my windows open while it was running 4-5 days a week for 3-4 months. And at some 200+ feet away. At a current Newport Island rebuild project, I frequently hear workers tossing around large wooden beams. I've been told twice by city code enforcement now that when a builder has a permit, they are free to make as much noise & use whatever piece of equipment they like between the hours of 7am -6:30pm Mon -Fri. So, How is it being monitored to keep dBA noise levels BELOW 65dBA in residential & mixed use zones? And this is occurring today while the city now discusses health, noise sensitivity, and disability (sensory processing disorder or SPD) challenges as a result of "noise." Yet on the other hand, the city defers to the 1977 Fair Housing Law governing the city & contractor duty when it comes to construction noise. The city identifies Section 10.28.040 throughout their General Plan as to their HUD guidance on "construction noise." But as a scientist with experience in public health and regulatory affairs, what the city has is a hodge-podge of redundant planning documents listing & relying on the same outdated HUD Fair Housing Law, dancing around the ill effects of construction noise, but also serially recognizing it now -but doing nothing about it. There is already new ADA requirements for construction and similar noise in public places. So -we're not long off for the day HUD updates the Fair Housing Law. I also tend to think my complaining about the noise, is what drew the animus from my pro demolition project neighbors. But seem not to want any regulations while boasting about voting Democrat. And as far as "accommodations" at the proposed 3906 River Ave. project, the Rosens living next door may allow them to request time changes and other construction accommodations that wouldn't have been available to me. 2 I S. Dolle Comments & Questions on July 29, 2021 Zoning Hearing on Rosen House Zoning Administrator - July 29, 2021 Item No. 3a Additional Materials Received Rosen Residence CDP (PA2021-110) 3. There are a plethora of solutions & accommodations that could be used today to help reduce the ill effects of construction noise & commotion. I don't feel the city acted in "good faith" in the past to offer any of these -while collecting tens of thousands of dollars in fees on each demolition & rebuild. It looks like the city has a conflict of interest in receiving hefty construction fees vs managing public health interests. I've suggested builders display a weekly "construction schedule" so that on any given day, nearby neighbors can anticipate the amount of traffic & noise. And why the tossing around of large beams? Who monitors this? It's as loud as big fireworks. Workers should also try & carpool to reduce the strain on parking. Builders need to approach a remodel or rebuild like they are bringing "industrial operations" into a residential neighborhood, and be respectful & considerate of disturbances, rather than asking residents to accommodate their whims in an unending number of building projects. I have a gut sense there's a whole lot of politics & conflicts of interests in unabated construction. Below, are four (4) REQUESTS I am asking for as part of this "complaint." I'd also like to be notified "who" any of this has been referred to. And I may involve Congresswoman Michelle Steel, as Congress has jurisdiction over HU D's outdated Fair Housing Law. What I am Requesting: 1. A delay on the demolition project at 3906 River Ave. to afford me more time to move from my 3908 ½ River Ave. residence. My plans have been complicated & delayed by Covid19 restrictions. Plus my health is poor. I estimate moving by mid Nov. 2021. 2. The city undertake new scientific noise monitoring for Balboa Peninsula like that done in the April 2014 Appendix C Noise Analysis Technical Report for the No. 617 John Wayne Airport Environmental Impact Report. 3. The city consider applying residential noise dBA levels as it now does for construction near hospitals and senior living centers. There are a lot of seniors now living on the peninsula, who are not out working and gone during the day during construction hours. 4. The city investigate harassment of me from 2015 to present, that appears coordinated around furthering the construction, and getting me to "move." I view it a civil rights violation, esp when coordinated with area construction projects. I may also file a complaint with the Dept of Justice. And I'd like to know what the city knew about this, and what was done. There have been quite a number of incidents of hateful language directed at me to get me "to move" as a result of my "verbal complaints" so far about the unmanaged and unmonitored construction noise in the presence of "pro construction" sentiments in my neighborhood. It has involved homeowners, the owner of the 3906 River Ave. residence who is the subject of this hearing, and realtors who live & buy/sell real estate in my neighborhood. The Rosen owners of 3906 River Ave. property, contacted my landlord at 3908 River Ave & are set to rent the main portion of this property where I live. I believe the construction creates a "constructive eviction" with my landlord. But instead of them 3 I S. Dolle Comments & Questions on July 29, 2021 Zoning Hearing on Rosen House Zoning Administrator - July 29, 2021 Item No. 3a Additional Materials Received Rosen Residence CDP (PA2021-110) offering help to me, I felt the ONLY SOLUTION WAS TO MOVE. My landlord then sought to solve the poor desirability of the 3908 property where I am at by renting the main part of the house to the Rosens for the 15+ month construction period. I am unsure if they will be here full time, or what their actual living arrangements will be. Some possible remedies to the construction noise at my 3908 ½ apartment, though expensive, are upgrading the windows, and adding sound proofing insulation to the master bedroom. I did "not" request the above accommodations for two (2) reasons: 1) The owner would have had to spend a considerable sum of money to upgrade this 1950s house & apartment to comparable soundproofing of newer homes -and I didn't want to force this upgrade on them just for me; and 2) The city has shown such a rigid unwillingness to provide any type of help or accommodation in my complaint calls over the last 10-15 years, that I couldn't count on receiving any help from the city if I were to try & stay here thru the 3906 construction. So moving is inevitable. And I plan on moving in the next several months. But I want to document just what has happened here, for which I received "zero" help. It took me some time to gather the energy, legal, and regulatory research to bring this complaint forward. Now I'd like to further the legal framework as these defects in HUD's Fair Housing Act 24 CFR Part 51, Subpart B, last updated in 1977 I think, as it relates to "sensory processing disorder" difficulty with construction noise, and general convalescence associated with chronic illness, must be amended. The Fair Housing Act must reflect the current science, reasonable needs, disability laws, and civil rights protections of the times. And in addition to defects in the Fair Housing Law, the city's inattention allowed this construction noise problem to turn into a "monster!" I have not ruled out litigation. I have a lengthy amount of supporting documents, notes, photos, video, names, dates, etc. to be able to bring a satisfactory conclusion to the harassment and unmonitored construction noise conditions here on the Peninsula. I just want to bring a healthy closure to what's happened now that I've agreed to move, and will need help in doing so. Some money would be nice too. But there's no way I can move out by Sept. 1, 2021. Let's continue the discussion & remedy's to this as this complaint is forwarded to the city's respective departments. Re;•& ~J~ Stephen M. Dolle :sd 4 I S. Dolle Comments & Questions on July 29, 2021 Zoning Hearing on Rosen House Zoning Administrator - July 29, 2021 Item No. 3a Additional Materials Received Rosen Residence CDP (PA2021-110)