HomeMy WebLinkAbout03_West Residence CDP_PA2021-169CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 14, 2021
Agenda Item No. 3
SUBJECT: West Residence (PA2021-169)
Coastal Development Permit No. CD2021-035
SITE LOCATION: 2731 Bay Shore Drive
APPLICANT: Craig S. Hampton, Inc.
OWNER: John and Jan West
PLANNER: Melinda Whelan
949-644-3221 mwhelan@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: Single Unit Residential Detached (RS-D)
Zoning District: Single-Unit Residential (R-1)
Coastal Land Use Plan Category: Single Unit Residential Detached (RSD-B) (6.0
- 9.9 DU/AC)
Coastal Zoning District: Single-Unit Residential (R-1)
PROJECT SUMMARY
A coastal development permit to allow the demolition of an existing single-family
residence and the construction of a new two-story, approximately 4,272-square-foot, two-
story residence including an attached, 530-square-foot, two-car garage. The project also
includes additional appurtenances such as site walls, fences, patios, spa, drainage
devices, and landscaping. The design complies with all applicable development
standards, including height, setbacks, and floor area limit, and no deviations are
requested.
RECOMMENDATION
1)Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant 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; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2021-035 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject property is located in the R-1 Coastal Zoning District, which provides for
single-unit residential development and is consistent with
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 one- and two-story,
single-family 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 dwelling 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 10 feet 10 feet
Side 3 feet 3 feet
Rear 10 feet 10 feet
Allowable Floor Area (max.) 5,440 square feet 4,272 square feet
Allowable 3rd Floor Area (max.) N/A N/A
Open Space (min.) 408 square feet 661 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
Vehicular access is provided at the rear of the property via a 20-feet City easement.
A 10-foot portion of the easement is located on the subject property (and the other
10 feet is located on the property to the south). The access easement is utilized as
an alley and no above grade structures are permitted in order to allow unobstructed
vehicle access.
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Hazards
The property is not located on the shoreline. The finished floor elevation of 13.97
feet based on the North American Vertical Datum of 1988 (NAVD88) exceeds the
minimum 9-feet (NAVD88) standard by more than 4 feet. Impacts from sea level
rise are not anticipated at this time for the 75-year life of the proposed
improvements.
The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code
(CBC) and Building Division standards and policies. Geotechnical investigations
specifically addressing liquefaction are required to be reviewed and approved prior
to the issuance of building permits. Permit issuance is also contingent on the
inclusion of design mitigation identified in the investigations. Construction plans
are reviewed for compliance with approved investigations and CBC prior to
building permit issuance.
Water Quality
The property is not located within 100 feet of coastal waters. 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 run-off and minor rain event run-off on-site. Any water
not retained on-
Public Access and Views
Coastal Land Use Plan Policy 3.1.5-3 requires public access consistent with public
access policies for any new development in private/gated communities causing or
contributing to adverse public access impacts. 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
replaces an existing single-family residence located on a coastal 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 so as not to
block or impede existing public access opportunities.
The project site is located between the nearest public road and the sea or shoreline
in the private community of Bay Shores. Developed in 1941, Bay Shores is a 258-lot
single-family gated community located on the Lido Channel southwest of Coast
Highway and Newport Bay Bridge. The 39-unit Anchorage Apartment complex is also
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located within the community. The community is accessible from Coast Highway via
Bay Shores Drive, a private street. The shoreline is on the south and east sides of
the community and consists of bulkheads and two small sandy beaches.
The residential lot does not currently provide nor does it inhibit public coastal access.
Vertical and lateral access to the bay front is available approximately 200 feet south
of the property at a Bay Shores community beach. Additionally, the Bay Shores
community at the Balboa Bay Club is approximately 1,000 feet from the subject
property. Public access points to the shore can be found along Coast Highway and
Castaways Park.
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 approximately 4,272-square-
foot, single-family residence, including an attached 530-square-foot, two-car garage.
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)
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.
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Prepared by:
MS/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity and Pictometry Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO. ZA2021###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2021-035 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW TWO (2)-STORY SINGLE-FAMILY RESIDENCE AND
ATTACHED TWO (2)-CAR GARAGE LOCATED AT 2731 BAY
SHORE DRIVE (PA2021-169)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Craig S. Hampton, Inc., with respect to property located at
2731 Bay Shore Drive, requesting approval of a coastal development permit.
2. The lot at 2731 Bay Shore Drive is legally described as Lot 19 in Tract 01014.
3. The applicant proposes coastal development permit to allow the demolition of an existing
single-family residence and the construction of a new two (2)-story, approximately 4,272-
square-foot, residence including an attached, 530-square-foot, two (2)-car garage. The
project also includes additional appurtenances such as site walls, fences, patios, spa,
drainage devices, and landscaping. The design complies with all applicable development
standards, including height, setbacks, and floor area limit, and no deviations are requested.
4. The subject property is designated Single Unit Residential Detached (RS-D) by the
General Plan Land Use Element and is located within the Single-Unit Residential (R-1)
Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single Unit Residential Detached (RSD-B) (6.0 9.9 DU/AC) and it is located
within the Single-Unit Residential (R-1) Coastal Zone District.
6. A public hearing was held on October 14, 2021, online via Zoom. A notice of time, place
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, 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. 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
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significant effect on the environment due to unusual circumstances, does not damage
scenic resources within a state scenic highway, is not a hazardous waste site, and is not
identified as a historical resource.
2. 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
approximately 4,272-square-foot, single-family residence, including an attached 530-
square-foot, two (2)-car garage.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1.The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 5,440 square feet and the proposed floor area
is 4,272 square feet.
b. The proposed development provides the minimum required setbacks, which are 10
feet along the front property line abutting Bay Shore Drive, 3 feet along the sides
and 10 feet along the rear property line abutting the alley.
c. The highest guardrail is less than 24 feet from established grade (13.03 feet
NAVD88) and the highest ridge is no more than 29 feet from established grade,
which comply with the maximum height requirements.
d. The project includes garage parking for a total of two (2) vehicles, complying with
the minimum two (2)-car garage parking requirement for single-family residences
with less than 4,000 square feet of habitable floor area.
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2. The neighborhood is predominantly developed with one (1)- and (2)-story, single-family
residences. The proposed design, bulk, and scale of the development is consistent with
the existing neighborhood pattern of development.
3. The development is located on a property one block and street inland and approximately
160 feet from the bay in a developed area. The project site is separated from the bay
(the nearest body of water) by one row of residences and Bay Shore Drive. The finished
floor elevation of the first floor of the proposed structure is 13.97 feet based on the North
American Vertical Datum of 1988 (NAVD88), which complies with the minimum 9.0-foot
(NAVD88) elevation standard for new structures. The identified distances from the
coastal hazard areas coupled with the 13.97-foot NAVD88 finish floor elevation will help
to ensure the project is reasonably safe for the economic life of the structure.
4. The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code (CBC)
and Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance of
building permits. Permit issuance is also contingent on the inclusion of design mitigation
identified in the investigations. Construction plans are reviewed for compliance with
approved investigations and CBC prior to building permit issuance.
5. The property is located within 500 feet of 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-
system.
6. 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
7. The project site is not located adjacent to a coastal view road, public access way, or coastal
viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is at
Lower Castaways Park, approximately 1,500 feet northeast, and the project cannot be
seen from this vantage point.
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Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Facts in Support of Finding:
1.The project site is located between the nearest public road and the sea or shoreline in the
private community of Bayshores. Developed in 1941, Bayshores is a 258-lot single-family
gated community located on the Lido Channel southwest of the Coast Highway and
Newport Bay Bridge. The 39-unit Anchorage Apartment complex is also located adjacent
the community. The community is accessible from Coast Highway via Bay Shores Drive,
a private street. The shoreline is on the south and east sides of the community and consists
of bulkheads and two (2) small sandy beaches. Public access points to the shore can be
found along Coast Highway and Castaways Park.
2. The residential lot does not currently provide nor does it inhibit public coastal access.
Vertical and lateral access to the bay front is available approximately 200 feet south of the
property at a Bay Shores community beach. Additionally, the Bay Shores community at
the Balboa Bay Club is approximately 1,000 feet from the subject property. Public access
points to the shore can be found along Coast Highway and Castaways Park.
3. Coastal Land Use Plan Policy 3.1.5-3 requires public access consistent with public access
policies for any new development in private/gated communities causing or contributing to
adverse public access impacts. Implementation Plan Section 21.30A.040 (Determination
of Public Access/Recreation Impacts) requires that the provision of public access bear a
reasonable relationshi
proportional to the impact. In this case, the project replaces an existing single-family
residence located on a coastal 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 so as not to block or impede existing public access opportunities.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this Project exempt
from the California Environmental Quality Act pursuant to Section 15303 under Class 3
(New Construction or Conversion of Small Structures) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant
effect on the environment. The exceptions to this categorical exemption under Section
15300.2 are not applicable. The project location does not impact an environmental
resource of hazardous or critical concern, does not result in cumulative impacts, does not
have a significant effect on the environment due to unusual circumstances, does not
damage scenic resources within a state scenic highway, is not a hazardous waste site,
and is not identified as a historical resource.
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2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2021-035, 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 14TH DAY OF OCTOBER, 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 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.
3. 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.
4. 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 run-off. 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.
5. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stock piles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
6. 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.
7. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
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8. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
9. 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.
10. 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.
11. 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.
12. 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.
13. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
plans
14. Prior to issuance of a building permit, the Applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Coastal
Development file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict
the elements approved by this Coastal Development Permit.
15. 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.
16. 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.
17. 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.
18. 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
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property owner or agent.
19. 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.
20. This Coastal Development Permit No. CD2021-035 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.
21. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
approval of The West Residence including, but not limited to, Coastal Development Permit
No. CD2021-035 (PA2021-169). 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 and Pictometry Map
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VICINITY MAP
PICTOMETRY MAP
Coastal Development Permit No. CD2021-035
PA2021-169
2731 Bay Shore Drive
Subject property
Subject Property
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Attachment No. ZA 3
Project Plans
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