HomeMy WebLinkAbout07_Escalette Residence CDP_PA2021-146CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 30, 2021
Agenda Item No. 7
SUBJECT: Escalette Residence (PA2021-146)
Coastal Development Permit No. CD2021-027
SITE LOCATION: 36 Balboa Coves
APPLICANT: Architectural Design Solutions
OWNER: Geoff Escalette
PLANNER: Afshin Atapour, Planning Technician
949-644-3212, aatapour@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: RS-D (Single-Unit Residential Detached)
Zoning District: R-1 (Single-Unit Residential)
Coastal Land Use Plan Category: RSD-A (Single Unit Residential Detached) (0.0 -
5.9 DU/AC)
Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A Coastal Development Permit (CDP) to allow for the remodel and addition of an existing
3,695-square-foot, two-story, single-family residence with an attached 640-square-foot,
three-car garage. The proposed addition and remodel would result in a 4,900-square-
foot, two-story, single-family residence with an attached 1,260-square-foot, three-car
garage. The proposed additions include a 620-square-foot addition to the existing garage
and a 1,205-square-foot addition to the existing second floor comprising of a 42 percent
addition of the existing structure. The project includes new landscape, hardscape, and
drainage facilities within the confines of the private property. No work will be conducted
bayward of the existing bulkhead. The project complies with all development standards
and no deviations from the Municipal Code are requested.
RECOMMENDATION
1)Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) 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; and
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Zoning Administrator, Septemeber 30, 2021
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3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2021-027 (Attachment No. ZA 1).
DISCUSSION
Land Use and Development Standards
The subject property is located in the R-1 Coastal Zoning District, which provides for
single-
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-story, single-
family residences with scattered one- and three-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 (Attachment No. ZA 3) and
illustrated in Table 1 below.
Table 1 Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Street) 5 feet 5 feet
Side (North) 4 feet 4 feet
Side (South)* 4 feet 3.1 feet
2nd Front (Water) 15 feet 15 feet
Allowable Floor Area (max.) 9,480 square feet 6,160 square feet
Open Space (min.) 711 square feet 1,085 square feet
Parking (min.)* 3-car garage 3-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
*Existing non-conforming south side setback - limited to 50% addition of the existing floor
area.
*The addition of 620-square-feet to the existing 640-sqaure-foot non-conforming garage will
bring the garage into parking conformance.
The total proposed addition equates to 1,825 square feet comprising of a 42 percent
addition of the existing structure.
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Hazards
The development is a private parcel that fronts a cove adjacent to a small channel
in the northwest corner of Newport Bay. The project site is protected by an existing
concrete bulkhead with the top of the bulkhead elevation of 11.42 feet North
American Vertical Datum of 1988 (NAVD88). A Coastal Hazards and Sea Level
Rise Analysis was prepared by GeoSoils, Inc. dated August 13, 2021, for the
project. The report concludes that the current shoreline will remain at the shore
protection and shoreline erosion will not impact the property over the life of the
development. The report also concludes that the project will be reasonably safe
from future sea level rise. The estimates assume an approximate 3-foot increase
from sea level rise over the next 75 years (i.e. the life of the structure). The current
maximum bay water elevation is 7.7 feet (NAVD88), therefore the future sea level
is estimated to reach approximately 10.7 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).
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 (NAVD88)
with a design for adaptability elevation of 14.4 feet (NAVD88). The existing
bulkhead is at an elevation of 11.42 feet (NAVD88). GeoSoils, Inc. has confirmed
the bulkhead can be raised up to 14.4 feet (NAVD88) if needed and in compliance
with the updated guidelines.
The finished floor elevation of the existing single-family residence is 11.9 feet
(NAVD 88), which complies with the minimum 9.00-foot (NAVD 88) elevation
standard. The Coastal Hazards Report concludes that the condition of the existing
bulkhead is adequate to protect the proposed development from any existing or
anticipated future coastal hazards for the next 75 years or more. The report
additionally concludes the proposed project is reasonably safe from coastal
hazards for the next 75 years, including shoreline movement, waves and wave
run-up, and flooding with future sea level rise.
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.
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Escalette Residence (PA2021-146)
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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
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 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-
Public Access and Views
The project site is located between the nearest public road and the sea or shoreline;
view the coast and nearby recreational facilities. 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
the project
involves an addition and remodel to an existing single-family residence located in a
standard R-1 zone. 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.
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The project site is located within the existing gated community of Balboa Coves and
does not provide nor inhibit public coastal access opportunities. The project is
designed and sited so as not block or impede existing public access opportunities
and occurs within the confines of private property. Existing coastal access conditions
will not be affected by the project. The nearest vertical coastal access opportunity is
currently provided by Channel Place Park to the west, approximately 900 feet away
from the subject site.
The closest public viewpoints are located at Channel Place Park to the west and
Sunset View Park to the north, approximately 900 and 1,000 feet away from the
subject site, respectively. Due to the distance of the proposed development from the
the project
will not impact coastal views.
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 Channel Place 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 proposed addition and remodel to an existing 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.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
Class 1 exempts additions to existing structures provided that the addition will not result
in an increase of more than 50 percent of the floor area of the structures before the
addition, or 2,500 square feet, whichever is less. The proposed project consists of
remodel and addition of an existing 3,695-square-foot, two-story, single-family residence
with an attached 640-square-foot, three-car garage. The proposed additions include a
620-square-foot addition to the existing garage and a 1,205-square-foot addition to the
existing second floor comprising of a 42 percent addition of the existing structure. The
proposed remodel and addition would result in a 4,900-square-foot, two-story, single-
family residence with an attached 1,260-square-foot, three-car garage and therefore
qualifies within this exemption.
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The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a
state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. 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) 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
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2021-027 TO ALLOW FOR THE
REMODEL AND ADDITION OF AN EXISTING SINGLE-FAMILY
RESIDENCE WITH AN ATTACHED THREE (3)-CAR GARAGE
LOCATED AT 36 BALBOA COVES (PA2021-146)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Architectural Design Solutions , with respect to
property located at 36 Balboa Coves, requesting approval of a coastal development
permit.
2. The lot is legally described as Lot 36, Tract No. 1011, Newport Beach, CA.
3. The Applicant proposes the remodel and addition of an existing 3,695-square foot, two (2)-
story, single-family residence with an attached 640-square-foot, three (3)-car garage. The
proposed addition and remodel would result in a 4,900-square-foot, two (2)-story, single-
family residence with an attached 1,260-square-foot, three (3)-car garage. The proposed
additions include a 620-square-foot addition to the existing garage and a 1,205-square-
foot addition to the existing second floor comprising of a 42 percent addition of the existing
structure. The project includes new landscape, hardscape, and drainage facilities within
the confines of the private property. No work will be conducted bayward of the existing
bulkhead. The project complies with all development standards and no deviations from the
Municipal Code 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-A (Single Unit Residential Detached) (0.0 - 5.9 DU/AC) and it is located
within the R-1 (Single-Unit Residential) Coastal Zone District.
6. A public hearing was held online on September 30, 2021,
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.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the
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California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities), because
it has no potential to have a significant effect on the environment.
2. Class 1 exempts additions to existing structures provided that the addition will not result
in an increase of more than 50 percent of the floor area of the structures before the
addition, or 2,500 square feet, whichever is less. The proposed project consists of
remodel and addition of an existing 3,695-square-foot, two (2)-story, single-family
residence with an attached 640-square-foot, three (3)-car garage. The proposed
additions include a 620-square-foot addition to the existing garage and a 1,205-square-
foot addition to the existing second floor comprising of a 42 percent addition of the
existing structure. The proposed remodel and addition would result in a 4,900-square-
foot, two (2)-story, single-family residence with an attached 1,260-square-foot, three (3)-
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 9,480 square feet and the proposed floor area
is 6,160 square feet.
b. The proposed development provides the minimum required setbacks, which are 5
feet along the front property line abutting Balboa Coves, 4 feet along the north side
property line, and 15 feet along the second front property line abutting the water.
The existing development consists of an existing non-conforming encroachment
along the south side setback. The site provides a 3.1 feet setback, where the code
requirement is 4 feet. The existing non-conforming setback shall limit the property
to a maximum 50 percent addition of the existing floor area. A 42 percent addition
is proposed in conformance with this limit.
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Zoning Administrator Resolution No. ZA2021-###
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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.
d. The project includes garage parking for a total of three (3) vehicles, complying with
the minimum three (3)-car garage parking requirement for single-family residences
with more than 4,000 square feet of habitable floor area. The scope includes a 620-
square foot garage addition, making a code compliant three (3)-car garage free of
obstructions.
2. The neighborhood is predominantly developed with two (2)-story, single-family
residences with scattered one (1)- and three (3)-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. The residential development is a private parcel that fronts a cove adjacent to a small
channel in the northwest corner of Newport Bay. The project site is protected by an
existing concrete bulkhead with the top of the bulkhead elevation of 11.42 feet North
American Vertical Datum of 1988 (NAVD88). A Coastal Hazards and Sea Level Rise
Analysis was prepared by GeoSoils, Inc. dated August 13, 2021, for the project. The
report concludes that the current shoreline will remain at the shore protection and
shoreline erosion will not impact the property over the life of the development. The report
also concludes that the project will be reasonably safe from future sea level rise. The
estimates assume an approximate 3-foot increase from sea level rise over the next 75
years (i.e. the life of the structure). The current maximum bay water elevation is 7.7 feet
(NAVD88), therefore the future sea level is estimated to reach approximately 10.7 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).
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 existing bulkhead is at an elevation
of 11.42 feet (NAVD 88). GeoSoils, Inc. has confirmed the bulkhead can be raised up
to 14.4 feet (NAVD 88) if needed and in compliance with the updated guidelines.
5. The finished floor elevation of the existing single-family residence is 11.9 feet (NAVD
88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard. The
Coastal Hazards Report concludes that the condition of the existing bulkhead is
adequate to protect the proposed development from any existing or anticipated future
coastal hazards for the next 75 years or more. The report additionally concludes the
proposed project is reasonably safe from coastal hazards for the next 75 years, including
shoreline movement, waves and wave run-up, and flooding with future sea level rise.
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6. 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.
7. 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.
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
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.
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. 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-si
system.
10. 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-
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.
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 between the nearest public road and the sea or shoreline;
the coast and nearby recreational facilities. Implementation Plan Section 21.30A.040
(Determination of Public Access/Recreation Impacts) requires that the provision of public
and be proportional to the impact. In this case, the project involves an addition and remodel
to an existing single-family residence located in a standard R-1 zone. 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. The project site is located within the existing gated community of Balboa Coves and does
not provide nor inhibit public coastal access opportunities. The project is designed and
sited so as not block or impede existing public access opportunities and occurs within the
confines of private property. Existing coastal access conditions will not be affected by the
project. The nearest vertical coastal access opportunity is currently provided by Channel
Place Park to the west, approximately 900 feet away from the subject site.
3. The closest public viewpoints are located at Channel Place Park to the west and Sunset
View Park to the north, approximately 900 and 1,000 feet away from the subject site,
respectively. Due to the distance of the proposed development from the public viewpoints
views.
4. 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 residence is not located between Channel Place Park and the bay and would not
obscure views from this public area. The proposed addition and remodel to an existing
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.
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 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
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2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2021-027 subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 21 Local
Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 (Appeal to the Coastal Commission)
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF SEPTEMBER, 2021.
___________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2.The finished floor and site improvements at 36 Balboa Coves shall be 11.9 feet
(NAVD88) minimum in accordance with the recommendations provided in the report
prepared by GeoSoils, Inc. on August 13, 2021 and as identified in the approved plans.
3.The existing seawall built to an elevation of 11.42 feet (NAVD 88) shall be 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.
4.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.
5.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) of every kind and nature whatsoever which may arise from or in any manner relate
This letter shall be scanned into
the plan set prior to building permit issuance.
6. This approval does not authorize any new or existing improvements (including
landscaping) on California Coastal Permit Jurisdiction, State tidelands, public beaches,
or the public right-of-way. Any improvements located on tidelands, submerged lands,
and/or lands that may be subject to the public trust shall require a coastal development
permit (CDP) approved by the California Coastal Commission (Coastal Commission).
Prior to the issuance of building permits, the applicant shall provide a copy of said
coastal development permit or CDP waiver or documentation from the Coastal
Commission that subject improvements are not subject to the permit requirements of
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the Coastal Act and/or not located within the permit jurisdiction of the Coastal
Commission.
7. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
wetlands or their buffers. No demolition or construction materials shall be stored on
public property.
8. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday.
Noise-generating construction activities are not allowed on Saturdays, Sundays or
Holidays.
9. 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.
10. 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
11. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
12. 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.
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Zoning Administrator Resolution No. ZA2021-###
Page 9 of 10
13.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.
14. 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. 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.
16. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
17. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
18. 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.
19. 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.
20.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.
21.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.
22.Prior to issuance of a building permit, a copy of the Resolution, including conditions of
plans.
23.Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
approved CPPP and WQHP/WQMP and any changes could require separate review
and approval by the Building Division.
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Zoning Administrator Resolution No. ZA2021-###
Page 10 of 10
24.Prior to the issuance of building permits, the applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought tolerant plantings, non-invasive
plant species and water efficient irrigation design. The plans shall be approved by the
Planning Division.
25.All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing, and trimming.
All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall
be kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
26.Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
27. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
28. Coastal Development Permit No. CD2021-027 shall expire unless exercised within 24
months from the date of approval as specified in Section 21.54.060 (Time Limits and
Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
29. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
and court costs) of every kind and nature
approval of the Escalette Residence including, but not limited to, Coastal Development
Permit No. CD2021-027 (PA2021-146). This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees,
and damages, which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Coastal Development Permit No. CD2021-027
(PA2021-146)
36 Balboa Coves
Subject Property
Subject Property
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Attachment No. ZA 3
Project Plans
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37.50'NALDESNECILROYEVRUSD LIFORNIAS TAT EOFCARONMIEDEMANo. 4653EXP. 9/30/21RdM SURVEYING INC.RON MIEDEMA L.S. 465323016 LAKE FOREST DR. #409LAGUNA HILLS, CA 92653(949) 858-2924 OFFICE(949) 858-3438 FAXRDMSURVEYING@COX.NETADDRESS OF PROJECT:COUNTY OF ORANGE BENCH MARK:LEGAL DESCRIPTION:OWNER:TOPOGRAPHIC SURVEYJOB: DATE: 11/19/2019DESCRIPTIONLEGENDX X(123.45)( )P.P.WMF.F.G.F.CONC.F.S.M.H.PA.C.T.G.DECKBRICKWALLFENCEMEAS. ELEVATIONSREC. BRG. & DIST.BUILDINGPROPERTY LINEPOWER POLEWATER METERFINISH FLOORGARAGE FLOORCONCRETEFINISH SURFACEMAN-HOLEPLANTERASPHALTTOP-GRATENATURAL GRADEN.G.BENCH MARK36 BALBOA COVESNEWPORT BEACHNOTE: RECORD EASEMENTS ARE NOT PLOTTED IF ANY.SCALE 1"=8'0'8'16'10.88FL10.81FLBALBOA COVESGUTTERGUTTERAC20.0020.00ACACACACACLOT 36TRACT NO. 1011CP#211.15X X X
PPPPPPPPPPPPPPPPPPPPPPPPPPFIREPITPPPSEWER CO.RESIDENCERESIDENCERESIDENCE4.03.93.14.216.411.5113.46TW11.3813.59TW11.4411.4412.17TW12.20TW11.4612.13TW20.51EAVE11.5811.67GF11.4711.4111.3811.47WMTELE BOX11.4011.3811.3611.3817.37TW13.29TW11.2911.33LT RCE3172013.31TW13.26TW11.2311.5512.10TW12.14TW11.69GF24.34T.O.R.11.6311.7111.6912.87TW12.88TW11.6711.71GF30.07EAVE11.91FF32.10EAVE 11.8911.93FF11.6012.13TW11.64FS16.68TW16.73TW12.55TW13.53TW11.34FS11.0812.14TW12.14TW11.25FS11.8511.829.7012.13TW11.0711.3011.4011.6218.31TW34.01 RIDGEPPPR=70.00'L=51.96'CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.ACACACACACACACACACACACACACACACACACACAC GUTTERGUTTERGUTTERGUTTERGUTTERCONC.16.71TW16.65TW10.15RESIDENCECP #110.38LN. 2ND storyLINE OF WATERWAYOCEANOCEANOCEANOCEANOCEANOCEANOCEANOCEANOCEANGeoff Escalettenb 2 7 77, elevation = 8.56 navd 88 datum(20.5 Eave)C-122
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EARTHWORK QUANTITIESGRADINGOutside ofStructural FootprintInside ofStructural FootprintTOTALREVISION BY:DRAWN BY:SHEET NO.:PROJECT NUMBER:ISSUED DATE:PLOT DATE:DATENO.DESCRIPTION.REVISIONSAN35
RESIDENCERESIDENCER=70.00'L=51.96'newport baywater metertele boxBALBOA COVESREVISION BY:DRAWN BY:SHEET NO.:PROJECT NUMBER:ISSUED DATE:PLOT DATE:DATENO.DESCRIPTION.REVISIONSANNEW 4" PVC, SCH. 40, @ 1% SLOPE KEYNOTESNEW 4" ATRIUM DRAIN INLET, "NDS"PROPERTY LINENEW PUMP OUTLET/ DISCHARGE PIPE DISSIPATORNEW 3" CHANNEL DRAIN, "NDS-PRO"NEW PERCOLATION/ GRAVEL TRENCH, DRAINAGE OUTLET, (15'L x 12" W x 24"D)NEW DRAINAGE PUMP & ENCLOSURE, SEE SHEET "LSD-1" NEW 2" PVC, SCH. 40, PUMP DISCHARGE LINE 24'8'PlanNorth0'GRADING NOTES1. All existing and proposed grades should be field verified.2. No utility search was conducted. the contractor shall shall beresponsible to protect utilities or structures discovered on the siteand shall notify the owner/engineer immediately to resolve anyconflicts or issues with the proposed grading.3. Grading and/or landscape contractor shall grade all areas toprovide positive drainage (2% minimum) and shall constructmounds and swales in a manner not to cause any ponding/lowpoint.4. Slope all areas to drain at minimum 2%. slope finish surfacesand drain lines at minimum 1%.5. Any public improvements such as sidewalk, curb and gutter,alley/street pavement damaged during construction, shall bereplaced in kind by the contractor.6. An approved encroachment permit is required for all workwithin the public right-of-way.7. See Architectural Plans for cross sections and elevations.1. PRIOR TO CONSTRUCTION OF ANY DRAINAGE SYSTEM, VERIFY ITS OUTLETELEVATION TO ASSURE POSITIVE DRAINAGE. IN CASE OF ANYDISCREPANCIES, CONTACT THE ENGINEER.2. TOP OF NEW DRAIN INLETS TO BE SET BELOW THE FINISHED SURFACE/FINISHED GRADE ELEVATIONS IN ORDER TO PROVIDE POSITIVE DRAINAGE.IN CASE OF ANY DISCREPANCIES, CONTACT THE ENGINEER.3. IN CASE OF ANY DISCREPANCIES WITH THE SHOWN DRAIN INLETS TOPS ANDFLOWLINES, OR IN CASE OF ANY DIFFERING SITE CONDITIONS, CONTACTTHE ENGINEER.4. BEFORE BACKFILLING ANY DRAINAGE SYSTEM CONTACT THE ENGINEER FORFIELD INSPECTION AND APPROVAL.5. CONNECT NEW AND ACTIVE ROOF DOWNSPOUTS, DECK DRAINS, PLANTERDRAINS, AND RETAINING WALLS SUB-DRAINS TO THE NEAREST LANDSCAPEDAREA, MORE THAN 10' FEET AWAY FROM THE BUILDING, OTHERWISE, TO THENEW DRAINAGE SYSTEM, WHERE OCCURS.6. CONNECT EXISTING DRAINAGE SYSTEM TO NEW DRAINAGE WHERE OCCURS.7. DRAINAGE SHALL BE MAINTAINED AND CONSTRUCTED IN ACCORDANCEWITH THE CITY OF NEWPORT BEACH MUNICIPAL CODE AND THE LATESTCALIFORNIA BUILDING CODE.DRAINAGE CONSTRUCTION NOTES: PER DETAIL 3, SHEET "D-5" PER DETAIL 2, SHEET "D-5" SCALE= 1"=8'36
Legend :REVISION BY:DRAWN BY:SHEET NO.:PROJECT NUMBER:ISSUED DATE:PLOT DATE:DATENO.DESCRIPTION.REVISIONSANnew garagearea 635 sflaundryfauwhhallwayexistinggarage area730 sfCAR LIFT16'-8" x 9'3"CAR LIFT16'-8" x 9'3"newport baywater metertele boxRESIDENCERESIDENCESCALE 1"=16'0'8'16'SCALE 1"=16'0'8'16'37
LEGENDGRAVEL BAGS (SE-8) EROSION CONTROL DETAILS NOTES:EC-1: SCHEDULINGADDITIONAL APPLICABLE BMPs / NPDESEC-2: PRESERVATION OF EXISTING VEGETATIONNS-1: WATER CONSERVATION PRACTICESNS-6: ILLICIT CONNECTION/ ILLEGAL DISCHARGEWM-2: MATERIAL USEWM-3: STOCKPILE MANAGEMENTWM-4: SPILL PREVENTION & CONTROLWM-5: SOLID WASTE MANAGEMENTNS-3: PAVING AND GRADING OPERATIONSNS-7: PORTABLE WATER/ IRRAGATIONNS-8: VEHICLE AND EQUIPMENT CLEANINGNS-9: VEHICLE AND EQUIPMENT FUELINGNS-10: VEHICLE AND EQUIPMENT MAINTENANCE NS-12: CONCRETE CURINGNS-13: CONCRETE FINISHINGWE-1: WIND EROSION CONTROLTC-1: STABILIZED CONSTRUCTION EXIST WM-9: (PORTABLE TOILET) SANITARY WASTE MANAGEMENTREVISION BY:DRAWN BY:SHEET NO.:PROJECT NUMBER:ISSUED DATE:PLOT DATE:DATENO.DESCRIPTION.REVISIONSAN24'8'PlanNorth0'SCALE= 1"=8'38
REVISION BY:DRAWN BY:SHEET NO.:PROJECT NUMBER:ISSUED DATE:PLOT DATE:DATENO.DESCRIPTION.REVISIONSAN39
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