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HomeMy WebLinkAbout02_Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval_PA2021-183CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT December 16, 2021 Agenda Item No. 2 SUBJECT: Inter-Pro Property Corporation Residence (PA2021-183) ▪Coastal Development Permit No. CD2021-033 ▪Lot Merger No. LM2021-004 ▪Staff Approval No. SA2021-008 SITE LOCATION: 518 and 520 Via Lido Nord APPLICANT: Anne Fox, MIG, Inc. OWNER: Inter-Pro Property Corporation PLANNER: Melinda Whelan 949-644-3221- mwhelan@newportbeachca.gov LAND USE AND ZONING •General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached) •Zoning District: R-1 (Sinlge-Unit Residential) •Coastal Land Use Plan Category: RSD-C (Single Unit Residential Detached 10.0 - 19.9 DU/AC) •Coastal Zoning District: R-1 (Single-Unit Residential) PROJECT SUMMARY A request for a lot merger and coastal development permit to allow the demoltion of two single-family residences at 518 Via Lido Nord (Lot 500) and 520 Via Lido Nord (Lot 501 and Lot 502), the merger of two lots under common ownership (Lot 500 and Lot 501) to create a single parcel, and the construction of a 6,091-square-foot, two-story, single- family residence including an attached 803-square-foot, four-car garage. The merged lot and new development will retain the address of 520 Via Lido Nord. The remaining Lot 502 will be assigend the new address of 522 Via Lido Nord and will be developed with an additional single-family dwelling under a separate coastal development permit (PA2021- 215). The project includes renforcing and raising an existing bulkhead. Additionally, a request for a staff approval is included for grade establishment within the front yard area along the water on the existing 520 Via Lido Nord property (Lot 501 and Lot 502). RECOMMENDATION 1)Conduct a public hearing; 2)Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 under Class 15 (Minor Land Divisions) and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA 1 Inter-Pro Property Corporation Residence (PA2021-183) Zoning Administrator, December 16, 2021 Page 2 Tmplt: 10/18/21 Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The exceptions to the Class 3 exemption do not apply; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development Permit No. CD2021-033, Lot Merger No. LM2021-004 and Staff Approval No. SA2021-008 (Attachment No. ZA 1). DISCUSSION Lot Merger • An application was filed with respect to property located at 518 and 520 Via Lido Nord. The lot at 518 Via Lido Nord is legally described as Lot 500 in Tract 907. The lot at 520 Via Lido Nord is legally described as Lot 501 and Lot 502 in Tract 907. • The subject properties are zoned R-1 (Single-Unit Residential) and will retain the R- 1 zoning designation. The Land Use Element of the General Plan designates both properties as RS-D (Single Unit Residential Detached). The Coastal Land Use Plan designates the properties as RSD-C (Single Unit Residential Detached – 10.0 - 19.9 DU/AC), which provides for density ranges from 10.0 - 19.9 dwelling units per acre. The land use will remain the same and the merger is consistent with the land use designations of the General Plan and Coastal Land Use Plan. The properties are not a part of a specific plan. • Each property is currently developed with a single-family residence. Those residences will be demolished. The proposed lot merger will combine Lot 500 (518 Via Lido Nord) and Lot 501 (a portion of 520 Via Lido Nord), two lots under common ownership by removing the interior lot line between them. The newly merged parcel will be developed with a new single-family dwelling and Lot 502 (remaining portion of 520 Via Lido Nord) will be developed as a separate single-family dwelling (PA2021- 215). There will be no net loss of units. 2 Inter-Pro Property Corporation Residence (PA2021-183) Zoning Administrator, December 16, 2021 Page 3 Tmplt: 10/18/21 Figure 1 – Aerial Imagery • Newport Beach Municipal Code (NBMC) Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) establishes the minimum standards required for lot creation. The minimum lot width required and the minimum lot area required in the R-1 zoning district is 50 feet and 5,000 square feet, respectively. Merging the two lots will create one parcel that meets both the minimum requirements for lot width and area. The width of the merged lot will be approximately 60 feet and the area will be approximately 5,561 square feet. • Lido Island unique shape along the waterfront results in lots of various shapes and sizes. Properties within the 500 block of Via Lido Nord vary in size and width and, although the proposed lot merger will create a lot that is larger than the immediately adjoining lots, it will not create an excessively large lot in comparison to other existing lots on the Island. There are existing lots similar in size to the merged lot. Some examples include 544 Via Lido Nord (5,400 square feet), 524 via Lido Nord (4,050 square feet), 521 Via Lido Nord (4,539 square feet), 618 Via Lido Nord (6,975 square feet), and 633 Via Lido Nord (5,016 square feet). Larger lots, such as 524 Via Lido Nord, 544 Via Lido Nord and 537 Via Lido Nord can be found within the same block as the site. Also, the existing 520 Via Lido Nord is the same size as the proposed 520 Via Lido Nord, just a shift of the lots. The majority of the comparable parcels are waterfront development, and this lot merger would be consistent with this pattern. Subject Lots 500 and 501 (518 Via Lido Nord and half of 520 Via Lido Nord) to be merged for one single- family development 3 Inter-Pro Property Corporation Residence (PA2021-183) Zoning Administrator, December 16, 2021 Page 4 Tmplt: 10/18/21 • Orientation and access to the parcel would remain from Via Lido Nord. The resulting lot configuration will not change the existing pattern of development in the area. • In accordance with Section 19.08.30(A)(3) (Waiver of Parcel Map Requirement) of the NBMC, the Zoning Administrator may approve a waiver of the parcel map requirement in cases where no more than three parcels are eliminated. The proposed lot merger combines two contiguous lots under common ownership and does not result in the elimination of more than three parcels. • The subject property is not subject to a specific plan. • The merged parcel is within an urban environment and will be served by existing public utilities. Coastal Development Permit • The neighborhood is predominantly developed with two-story, single-family residences and two-family residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development consistent with applicable development standards. Subject Property 518 Via Lido Nord Subject Property 520 Via Lido Nord 4 Inter-Pro Property Corporation Residence (PA2021-183) Zoning Administrator, December 16, 2021 Page 5 Tmplt: 10/18/21 • 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 (Bay) 10 feet Range from 10-feet to 12- feet, 9-inhces Sides 4 feet 4 feet Second Frontage (street) 4 feet 4 feet Allowable Floor Area (max.) 8,178 square feet 6,091 square feet Parking (min.) 3 garage spaces 4 garage parking spaces Height (max.) 24-foot flat roof 29-foot sloped roof 24-foot for all roofs and decks Hazards • A Coastal Hazards Report, Sea Level Rise Analysis and Bulkhead Conditions Report was prepared by PMA Consulting, Inc. dated July 26, 2021, for the project. The current maximum bay water elevation is 7.7 feet (NAVD88) and the existing bulkhead is 8.83 feet (NAVD88). The report analyzes future sea level rise scenarios assuming a 3.0-foot increase in the maximum water level over the next 75 years (i.e. the life of the structure). Therefore, the sea level is estimated to reach approximately 10.90 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). The project includes reinforcing and raising the existing seawall to 12.30 feet (NAVD88) with an adaptability elevation of 14.4 feet (NAVD88). This is above the minimum required 10.9 feet (NAVD88). Flooding, wave runup, and erosion will not significantly impact this property over the proposed 75-year economic life of the development. Flood shields (sandbags and other barriers) can be deployed across the openings to protect and prevent flooding to the structure. The report concludes that the proposed project will be reasonably safe from flooding hazards for the next 75 years. • 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 have a minimum elevation of 10.9 feet (NAVD88) with a design for adaptability elevation of 14.4 feet (NAVD88). The project includes a bulkhead at 12.30 feet (NAVD88). The bulkhead is designed for adaptability up to 14.4 feet (NAVD88) if needed and in compliance with the updated guidelines. 5 Inter-Pro Property Corporation Residence (PA2021-183) Zoning Administrator, December 16, 2021 Page 6 Tmplt: 10/18/21 • The finished floor elevation of the proposed single-family residence is 12.61 feet (NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard. The Coastal Hazards Report concludes that the bay water elevation will not exceed the proposed finished floor 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 - Development Standards), the property owner will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The property owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with NBMC Section 21.30.015(D)(3)(c) – (General Site Planning and Development Standards - Waterfront Development). Both requirements are included as conditions of approval that will need to be satisfied prior to final building inspection, and prior to the issuance of building permits, respectively. • 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. • Pursuant to Municipal Code Section 21.35.050 (Water Quality and Management Plan), due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Management Plan (WQMP) is required. A preliminary WQHP was prepared in July 27, 2021 for the project by Forkert Engineering & Surveying, Inc. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an Low Impact Development (LID) approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. 6 Inter-Pro Property Corporation Residence (PA2021-183) Zoning Administrator, December 16, 2021 Page 7 Tmplt: 10/18/21 Public Access and Views • The project site is not located adjacent to a coastal view road, public access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is across the bay at Kings Road Park and is not visible from the site. As currently developed, the existing property and other residences along the bay and Via Lido Nord are located within the view shed of the park and bay. However, the proposed single-family residence complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone • The front of the residence, which is visible from the bay, provides additional setbacks for the first floor and the living areas on the second floor where the required setback is 10 feet. The proposed residence includes two stories and reaches a maximum height of 24 feet, where three stories and a maximum height of 29 feet is allowed per the NBMC. Lastly, the design includes modulation of volume throughout the structure and low front site walls that prevent the appearance of the site being walled off from the bay. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to existing public views. • The project site is located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project replaces an existing single-family residence located on standard residential 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. • Vertical and lateral access to the bay and beach is available 455 feet northwest of the property at Genoa Park, which is the terminus of Via Genoa. Lateral access is available along the beach in front of Genoa Park. Additional vertical access points to the water are located at the terminus of Via Orvieto. The project does not include any features that would obstruct access along these routes. 7 Inter-Pro Property Corporation Residence (PA2021-183) Zoning Administrator, December 16, 2021 Page 8 Tmplt: 10/18/21 Staff Approval for Grade Establishment • The existing front yard area on the existing 520 Via Lido Nord property (Lots 501 and 502) adjacent the water includes a low planter area that is unique to this property and is not indicative of the existing finish surface grades along the water on adjacent lots. The planter area was created with the original development in the 1940s, lowering the grade to approximately 8.74 feet (NAVD88) where the rest of the lot remained around 12.8 feet (NAVD88). Adjacent lots have existing finished surfaces and grades between 12 feet (NAVD88) and 13 feet (NAVD88) within their front yards along the water. This grade differential creates design constraints and unfairly restricts the heights of accessory structures below those of the neighboring properties. Using the low planter area as the existing grade below the raised bulkhead prevents an adequate design of accessory structures and safety of this yard area because the bulkhead with required guardrail would not be allowed to exceed the maximum height of 42 inches from the grade. Additionally, the planter grade is not indicative of the natural grade on the subject lot or adjacent lot as it is much lower than all other areas. • The Zoning Code and Local Coastal Program provides if the Director finds that the existing grade on the subject lot has been previously altered (e.g., contains retaining structures, property line walls, planters, or excavation/fill), or other conditions are present to the degree that the existing grade is not representative of the prevailing grades on adjoining lots and/or the general area and, therefore, is not appropriate for the purpose of establishing the grade of the subject lot, the Director may establish the grade that is reasonable and comparable with the grades of adjoining lots and that will not be detrimental or injurious to property and improvements on adjoining lots. • A review of this area and the neighboring lots indicate a grade of 12.71 feet (NAVD88) is the reasonable existing finished surface grade for the front yard along the water. This grade does not exceed the elevations of the neighbors finished surfaces within the front yards adjacent the water. The higher grade will allow for fences and protective guardrail to be constructed at an appropriate height that is in line with the adjoining properties. The grade establishment is only for the front yard area along the water to be used for accessory structures. The resolution includes the required findings for a staff approval for the grade establishment. 8 Inter-Pro Property Corporation Residence (PA2021-183) Zoning Administrator, December 16, 2021 Page 9 Tmplt: 10/18/21 ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 under Class 15 (Minor Land Divisions) and 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 Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and Zoning; no variances or exceptions are required; all services and access to the proposed parcels are available; the parcel was not involved in a division of a larger parcel within the previous two years; and the parcel does not have an average slope greater than 20 percent. This exemption includes a minor lot merger not resulting in the creation of any new parcel that complies with the conditions specified above. 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 two single-family residences and the construction of a new 6,091-square- foot single-family dwelling including an attached 803-square-foot, four-car garage. 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 application 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 Program [LCP] 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 9 Inter-Pro Property Corporation Residence (PA2021-183) Zoning Administrator, December 16, 2021 Page 10 Tmplt: 10/18/21 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: MS/msw Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Lot Merger Exhibits ZA 3 Project Plans 10 Attachment No. ZA 1 Draft Resolution 11 10-18-2021 RESOLUTION NO. ZA2021-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM 2021-004, COASTAL DEVELOPMENT PERMIT NO. CD2021-033 AND STAFF APPROVAL NO. SA2021-008 TO DEMOLISH TWO EXISTING SINGLE-FAMILY DWELLINGS, MERGE TWO LOTS UNDER COMMON OWNERSHIP AND CONSTRUCT A NEW TWO (2)-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED FOUR (4)-CAR GARAGE LOCATED AT 518 AND 520 VIA LIDO NORD (PA2021-183) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Anne Fox, MIG, Inc., with respect to property located at 518 and 520 Via Lido Nord, requesting approval of a lot merger, coastal development permit and staff approval for establishment of grade. 2. The property at 518 Via Lido Nord is legally descirbed as Lot 500 in Tract 907 and the property at 520 Via Lido Nord is legally described as Lot 501 and Lot 502 in Tract 907. 3. The applicant proposes a lot merger and coastal development permit to allow the demolition of two (2) single-family residences at 518 Via Lido Nord (Lot 500) and 520 Via Lido Nord (Lot 501 and Lot 502), the merger of two (2) lots under common ownership (Lot 500 and Lot 501) to create a single parcel, and the construction of a 6,091-square-foot, two (2)-story, single-family residence including an attached 803-square-foot, four (4)-car garage. The merged lot and new development will retain the address of 520 Via Lido Nord. The remaining Lot 502 will be assigned the new address of 522 Via Lido Nord and will be developed with an additional single-family dwelling under a separate coastal development permit (PA2021-215). The project includes reinforcing and raising an existing bulkhead. Additionally, a request for a staff approval is included for grade establishment within the front yard area along the water on the existing 520 Via Lido Nord property (Lot 501 and Lot 502). 4. The subject properties are 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 properties are located within the coastal zone. The Coastal Land Use Plan category is RSD-C (Single Unit Residential Detached – 10.0 – 19.9 DU/AC) and it is located within the R-1 (Single-Unit Residential) Coastal Zone District. 6. A public hearing was held on December 16, 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. 12 Zoning Administrator Resolution No. ZA2021-### Page 2 of 15 10-05-2021 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Sections 15315 and 15303, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 15 (Minor Land Divisions) and Class 3 (New Construction or Conversion of Small Structures), because it has no potential to have a significant effect on the environment. 2. Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four (4) or fewer parcels when the division is in conformance with the General Plan and Zoning; no variances or exceptions are required; all services and access to the proposed parcels are available; the parcel was not involved in a division of a larger parcel within the previous two (2) years; and the parcel does not have an average slope greater than 20 percent. This exemption includes a minor lot merger not resulting in the creation of any new parcel that complies with the conditions specified above. 3. 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 two (2) single-family residences and the construction of a new 6,091- square-foot single-family dwelling with an attached 803-square-foot, four (4)-car garage. 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. 4. 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. Lot Merger In accordance with Sections 19.68.030(H) (Lot Mergers – Required Findings) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. Approval of the merger will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to 13 Zoning Administrator Resolution No. ZA2021-### Page 3 of 15 10-05-2021 property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of this title. Facts in Support of Finding: 1. The proposed lot merger will combine two (2) lots under common ownership by removing the interior lot line between them. The merging of the two (2) lots will not result in the creation of additional parcels. 2. The project is in an area with an average slope of less than 20 percent. 3. The lot merger is consistent with the purpose and intent of NBMC Title 19 (Subdivisions). Finding: B. The lots to be merged are under common fee ownership at the time of the merger. Fact in Support of Finding: 1. The two (2) lots to be merged are under common fee ownership and are conditioned to remain under common fee ownership prior to recordation of the lot merger. Finding: C. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. The merged lots will retain the R-1 (Sinlge-Unit Residential) zoning designation, consistent with the surrounding area. The R-1 Zoning District is intended to provide for a maximum of one (1) residential dwelling unit located on a single legal lot. 2. The Land Use Element of the General Plan designates both properties as RS-D (Single- Unit Residential Detached), which applies to single-family residential dwelling units. The Coastal Land Use Plan designates the properties as RSD-C (Single-Unit Residential Detached – 10.0 - 19.9 DU/AC) which provides for density ranges from 10.0-19.9 dwelling units per acre. The land use will remain the same and the merger is consistent with the land use designations of the General Plan and Coastal Land Use Plan. 3. The subject properties are not located within a specific plan area. 4. Newport Beach Municipal Code Title 21 21.18.030 (Residential Coastal Zoning Districts General Development Standards) establishes the minimum standards required for lot creation. The minimum lot width required and the minimum lot area required in the R-I zoning district is 50 feet and 5,000 square feet respectively. The underlying lots on the 14 Zoning Administrator Resolution No. ZA2021-### Page 4 of 15 10-05-2021 same block and throughtout Lido Island are all substandard to these requirements with underlying lots having approximatley 30-foot widths and 90-foot lengths. The existing 520 Via Lido Nord complies with these standards because it uses two (2) underlying legal lots. 518 Via Lido Nord is the standard Lido Island lot size with approximatley 30-foot width and 90-foot legnth. The width of the merged lot will be approximately 60 feet and the lot area will be approximately 5,561 square feet. This width and area is consistent with the existing width and area of 520 Via Lido Nord and is also consistent with other merged lots within the same block and throughout Lido Island. Finding: D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. Fact in Support of Finding: 1. Legal access for vehicular traffic is provided from Via Lido Nord and will remain unchanged. Pedestrian access will be provided from Via Lido Nord. The site does not currently provide access to any other properties. No adjoining parcels will be deprived of legal access as a result of the merger. Finding: E. The lots as merged will be consistent with the pattern of development nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. In making this finding, the review authority may consider the following: a. Whether the development of the merged lots could significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. b. Whether the merged lots would be consistent with the character or general orientation of adjacent and/or adjoining lots. c. Whether the merged lots would be conforming or in greater conformity with the minimum lot width and area standards for the zoning district. 1. Lido Island has a unique shape along the waterfront which results in lots of various shapes and sizes. Properties within the 500 block of Via Lido Nord vary in size and width and, although the proposed lot merger will create a lot that is larger than the immediately adjoining lots, it will not create an excessively large lot in comparison to other existing lots on the Island. There are existing lots similar in size to the merged lot. Some examples include 544 Via Lido Nord (5,400 square feet), 524 Via Lido Nord (4,050 square feet), 521 Via Lido Nord (4,539 square feet), 618 Via Lido Nord (6,975 square feet), and 633 Via Lido Nord (5,016 square feet). Larger lots, such as 524 Via Lido Nord, 544 Via Lido Nord and 537 Via Lido Nord can be found within the same block as the site. Also, the existing 520 Via Lido Nord is the same size as the proposed 520 Via Lido Nord, just a shift of the lots. The majority of the comparable parcels are waterfront 15 Zoning Administrator Resolution No. ZA2021-### Page 5 of 15 10-05-2021 development or just across the street from the water, and this lot merger would be consistent with this pattern. 2. The width of the merged lots will be approximately 60 feet which is not excessive. The merged lot does not develop previously underdeveloped land, nor does it disrupt the character or livability of the neighborhood. 3. Orientation and access to the parcel would remain from Via Lido Nord. The resulting lot configuration will not change the existing pattern of development in the area. 4. Fact in Support of Finding C.4 is hereby incorporated by reference. Waiver of Parcel Map In accordance with Section 19.08.30(A)(3) (Waiver of Parcel Map Requirement) of the NBMC, the Zoning Administrator may approve a waiver of the parcel map requirement in cases where no more than three (3) parcels are eliminated. The following finding and facts in support of such finding are set forth: Finding: F. The proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of this title, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. Approval of the proposed lot merger would remove the existing interior lot lines and allow the property to be utilized as a single site. The proposed lot would comply with all design standards and improvements required for new subdivisions by Title 19, the Zoning Code, and General Plan. 2. The subject property is not subject to a specific plan. The property complies with the requirements of Title 21 LCP Implementation Plan, as detailed in the following section (Findings G and H). 3. The proposed lot merger combines two (2) contiguous lots under common ownership into a single parcel of land and does not result in the elimination of more than three (3) parcels. 4. The merged lot is within an urban environment and will be served by existing public utilities. 16 Zoning Administrator Resolution No. ZA2021-### Page 6 of 15 10-05-2021 Coastal Development Permit In accordance with Section 21.52.015(F) (Coastal Development Permits – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: G. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The newly created parcel will comply with all development standards for the R-I Coastal Zoning District. Facts in support of Finding C.1, C.2, and C.4 are incorporated here by reference. 2. 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 8,178 square feet and the proposed floor area is 6,091 square feet. b. The proposed development provides the minimum required setbacks, which are 10 feet along the front property line abutting the water, 4 feet along each side property line, and 4 feet along the street frontage property line on Via Lido Nord. c. The highest guardrail and roof is less than 24 feet from established grade of 12.77 feet North American Vertical Datum of 1988 (NAVD88), which comply with the maximum height requirements. d. The project includes garage parking for a total of four (4) vehicles complying with the minimum four (4)-car parking requirement for duplexes. 3. The neighborhood is predominantly developed with two (2)-story, single-family residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development consistent with applicable development standards. 4. A Coastal Hazards Report, Sea Level Rise Analysis and Bulkhead Conditions Report was prepared by PMA Consulting, Inc. dated July 26, 2021, for the project. The current maximum bay water elevation is 7.7 feet (NAVD88), and the existing bulkhead is 8.83 feet (NAVD88). The report analyzes future sea level rise scenarios assuming a 3.0-foot increase in the maximum water level over the next 75 years (i.e., the life of the structure). Therefore, the sea level is estimated to reach approximately 10.90 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). The project includes reinforcing and raising the existing seawall to 12.30 feet (NAVD88) with an adaptability elevation of 14.4 feet (NAVD88). This is above the minimum required 10.9 feet (NAVD88). Flooding, wave runup, and 17 Zoning Administrator Resolution No. ZA2021-### Page 7 of 15 10-05-2021 erosion will not significantly impact this property over the proposed 75-year economic life of the development. Flood shields (sandbags and other barriers) can be deployed across the openings to protect and prevent flooding to the structure. The report concludes that the proposed project will be reasonably safe from flooding hazards for the next 75 years. 5. The finished floor elevation of the proposed single-family residence is 12.61 feet (NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard. The Coastal Hazards Report concludes that the bay water elevation will not exceed the proposed finished floor for the anticipated 75-year life of the structure. 6. NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The property owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with NBMC Section 21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will need to be satisfied prior to final building inspection, and prior to the issuance of building permits, respectively. 7. The property is 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. 8. Pursuant to Section 21.35.050 of the NBMC, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Management Plan (WQMP) is required. A preliminary WQMP has been prepared in July 27, 2021 for the project by Forkert Engineering & Surveying, Inc. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an Low Impact Development (LID) approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. 9. Proposed landscaping complies with Section 21.30.075 (Landscaping) of the NBMC. 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 10. The project site is not located adjacent to a coastal view road, public access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is across the bay at Kings Road Park and is not visible from the site. As currently developed, the existing property and other residences along the bay and Via Lido Nord are located within the view shed of the park and bay. However, the proposed single-family 18 Zoning Administrator Resolution No. ZA2021-### Page 8 of 15 10-05-2021 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. 11. The project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to existing public views. The front of the residence, which is visible from the bay, provides additional setbacks for the first floor and the living areas on the second floor where the required setback is 10 feet. The proposed residence includes two (2) stories and reaches a maximum height of 24 feet, where three (3) stories and a maximum height of 29 feet is allowed per the NBMC. Lastly, the design includes modulation of volume throughout the structure and low front site walls that prevent the appearance of the site being walled off from the bay. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to existing public views. 12. The project replaces an existing single-family residence located on standard residential 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. Finding: H. 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. Fact in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project replaces an existing single-family residence located on standard residential lot with a new single-family residence. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. Vertical and lateral access to the bay and beach is available 280 feet northwest of the property at the terminus of Via Koron, where there is access to the beach along the bay. Additionally, vertical and lateral access is available at the park at the terminus of Via Orvieto which is also along the beach. Additional vertical access points to the water are located at the terminus of Via Orvieto. The project does not include any features that would obstruct access along these routes. 19 Zoning Administrator Resolution No. ZA2021-### Page 9 of 15 10-05-2021 Staff Approval for Grade Establishment In accordance with Section 20.30.050 (C) – (Grade Establishment) and 21.30.050 (C) – (Harbor and Bay Regulations) If the Director finds that the existing grade on the subject lot has been previously altered (e.g., contains retaining structures, property line walls, planters, or excavation/fill), or other conditions are present to the degree that the existing grade is not representative of the prevailing grades on adjoining lots and/or the general area and, therefore, is not appropriate for the purpose of establishing the grade of the subject lot, the Director may establish the grade that is reasonable and comparable with the grades of adjoining lots and that will not be detrimental or injurious to property and improvements on adjoining lots. Finding: I. The existing grade on the subject lot has been previously altered (e.g., contains retaining structures, property line walls, planters, or excavation/fill), or other conditions are present to the degree that the existing grade is not representative of the prevailing grades on adjoining lots and/or the general area and, therefore, is not appropriate for the purpose of establishing the grade of the subject lot. Facts in Support of Finding: 1. The Applicant is redeveloping the property with a new single-unit residence; however, the grades along the front setback area (waterfront) include depressed areas that are not representative of the prevailing grades on the two (2) adjoining properties. This grade differential creates design constraints and unfairly restricts the heights of accessory structures below those of the neighboring properties. 2. The subject property is currently developed with a planter within the front yard along the waterfront with an elevation of approximately 8.7 feet (NAVD88). This planter elevation is approximately 4 feet lower than the immediately adjacent properties on both sides and, therefore, not appropriate for the purposes of measuring height of the accessory structures. Finding: J. The grade is reasonable and comparable with the grades of adjoining lots and will not be detrimental or injurious to property and improvements on adjoining lots. Fact in Support of Finding: 1. Allowing a higher grade of 12.71 feet (NAVD88), which is an average elevation between the adjacent property’s front yards along the waterfront, would provide the property with a grade elevation that is compatible with those of the neighboring properties and equitable for the purposes of measuring heights of accessory structures within the front setback. 20 Zoning Administrator Resolution No. ZA2021-### Page 10 of 15 10-05-2021 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 (CEQA) pursuant to Section 15315 under Class 15 (Minor Land Divisions) and 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. The exceptions to the Class 3 exemption do not apply. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2021-033, Lot Merger No. LM2021-004 and Staff Approval No. SA2021- 008 subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Program (LCP) 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 16TH DAY OF DECEMBER, 2021. _____________________________________ Jaime Murillo, Zoning Administrator 21 Zoning Administrator Resolution No. ZA2021-### Page 11 of 15 10-05-2021 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 recordation of the lot merger, the two (2) lots shall be held entirely under one (1) common fee ownership. 3. Prior to recordation of the lot merger, the two (2) single-family dwellings located at 518 Via Lido Nord and 520 Via Lido Nord shall be permitted and finaled for demolition permits. 4. Prior to recordation of the lot merger, the pier and slip that straddles the property line between 520 Via Lido Nord and 522 Via Lido Nord shall be reconfigured and permitted to comply with Municipal Code Section 17.35.020A.7. and B.1. 5. The map shall be submitted to the Public Works Department for final map review and approval. All applicable fees shall be paid. 6. Prior to the issuance of building permits for construction across the existing interior lot lines, recordation of the lot merger documents with the County Recorder shall be required. 7. The grade for the purposes of measuring height of accessory structures within the 10- foot front yard setback along the waterfront, authorized by this determination shall be based on the grade of 12.71 feet (NAVD88). 8. Prior to final of building permits, the existing seawall shall be reinforced and capped to 12.30 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 and Residential Facilities in accordance with the recommendations provided in the Coastal Hazards Report and Bulkhead Conditions Report prepared by PMA Consulting, Inc., dated July 26, 2021. 9. 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. 10. Prior to the final building permit inspection for the dwelling at 520 Via Lido Nord, building permits for the new dwelling at 522 Via Lido Nord shall be issued and construction commenced to ensure no net loss of housing units through project implementation. 22 Zoning Administrator Resolution No. ZA2021-### Page 12 of 15 10-05-2021 11. 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. 12. 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 the Coastal Act and/or not located within the permit jurisdiction of the Coastal Commission. 13. 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. 14. This Coastal Development Permit does not authorize any development seaward of the private property. 15. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. 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 23 Zoning Administrator Resolution No. ZA2021-### Page 13 of 15 10-05-2021 to determine when it is safe to commence construction activities. If an active nest is found, one (1) or two (2) short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 16. 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. 17. 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. 18. 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. 19. 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. 20. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 21. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 22. 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. 23. 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. 24. 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. 25. Prior to the issuance of building permits, the applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 24 Zoning Administrator Resolution No. ZA2021-### Page 14 of 15 10-05-2021 26. 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. 27. Prior to issuance of a building permit, 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. 28. 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. 29. 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. 30. 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. 31. Construction activities shall comply with Section 10.28.040 – (Construction Activity— Noise Regulations) 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, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 32. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 – (Community Noise Control) and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 25 Zoning Administrator Resolution No. ZA2021-### Page 15 of 15 10-05-2021 33. 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. 34. 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. 35. This Coastal Development Permit No. CD2021-033 and Lot Merger No. LM2021-004 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. 36. 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 Inter-Pro Property Corporation Residence including, but not limited to, Coastal Development Permit No. CD2021-033, Lot Merger No. LM2021-004 and Staff Approval No. SA2021-008 (PA2021-183). 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. 26 Attachment No. ZA 2 Vicinity Map 27 VICINITY MAP Coastal Development Permit No. CD2021-033 Lot Merger No. LM2021-004 and Staff Approval No. SA2021-008 (PA2021-183) 518 and 520 Via Lido Nord Subject Properties to be merged and redeveloped with a single-family dwelling 28 Attachment No. ZA 3 Lot Merger Exhibits 29 EXHIBIT " " CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. LA - OWNERS EXISTING PARCEL NUMBER PROPOSED PARCELS REFERENCE NUMBERS INTER-PRO PROPERTY CORPORATION (USA), AN ARIZONA CORPORATION 423-221-10 PARCEL 1 INTER-PRO PROPERTY CORPORATION (USA), AN ARIZONA CORPORATION 423-221-09 PARCEL 1 THIS DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION No. 8516PROFESSIONALLAND S URVEYORPAUL D O M INICK CRAFTS T ATE OF CA L I F O R NIAPAUL D. CRAFT, P.L.S. 8516 DATE (LEGAL DESCRIPTION) REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: ALL OF LOTS 500 AND 501 OF TRACT NO. 907, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PR MAP RECORDED IN BOOK 28, PAGES 25 TO 36, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXHIBITS "B" AND "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PARCEL 1: SHEET 1 OF 1 A 07/15/20219/14/2021 LOT MERGER NO. LM 2021-004 30 V I A L I D O N O R D 499 22.5'22.5'500 501 502 503 TRACT NO. 907 M.M. 28/25-36 P A R C E L 1 STRADALORCAVIAMENTONECLCLC LPIEXHIBIT " " CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. LA - OWNERS EXISTING PARCEL NUMBER PROPOSED PARCELS REFERENCE NUMBERS INTER-PRO PROPERTY CORPORATION (USA), AN ARIZONA CORPORATION 423-221-10 PARCEL 1 INTER-PRO PROPERTY CORPORATION (USA), AN ARIZONA CORPORATION 423-221-09 PARCEL 1 SHEET 1 OF 1 No. 8516PROFESSIONALLAND S URVEYORPAUL D O M INICK CRAFTS T ATE OF CAL I F O R NI APAUL D. CRAFT, P.L.S. 8516 LICENSE RENEWAL DATE: 12/31/22 PREPARED BY ME OR UNDER MY DIRECTION LEGEND: PROPOSED PARCEL LINE EXISTING LOT LINES TO REMAIN LOT LINES TO BE REMOVED B 4.00' PUBLIC UTILITY EASEMENT AS SHOWN ON TRACT NO. 907, M.M. 28/25-26. SURVEY NOTES: SCALE: 1"=30' N (MAP) 07/15/20219/14/2021 LOT MERGER NO. LM 2021-004 31 V I A L I D O N O R D 499 22.5'22.5'500 501 502 503 TRACT NO. 907 M.M. 28/25-36 P A R C E L 1 STRADALORCAVIAMENTONECLCLC LPIEXHIBIT " " CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. LA - OWNERS EXISTING PARCEL NUMBER PROPOSED PARCELS REFERENCE NUMBERS INTER-PRO PROPERTY CORPORATION (USA), AN ARIZONA CORPORATION 423-221-10 PARCEL 1 INTER-PRO PROPERTY CORPORATION (USA), AN ARIZONA CORPORATION 423-221-09 PARCEL 1 No. 8516PROFESSIONALLAND S URVEYORPAUL D O M INICK CRAFTS T ATE OF CAL I F O R NI APAUL D. CRAFT, P.L.S. 8516 LICENSE RENEWAL DATE: 12/31/22 PREPARED BY ME OR UNDER MY DIRECTION SHEET 1 OF 1 4.00' PUBLIC UTILITY EASEMENT AS SHOWN ON TRACT NO. 907, M.M. 28/25-26. SURVEY NOTES: LEGEND: PROPOSED PARCEL LINE EXISTING LOT LINES TO REMAIN LOT LINES TO BE REMOVED EXISTING BUILDING OUTLINE BUILDING LEGEND: - EXISTING BUILDINGS SHOWN ON LOTS 500, 501 & 502 TO BE DEMOLISHED. SCALE: 1"=30' C N (SITE PLAN) 07/15/20219/14/2021 LOT MERGER NO. LM 2021-004 32 Attachment No. ZA 4 Project Plans 33 34 35 36 37 LOT 499LOT 501TRACT NO. 907M.M. 28/25-36LOT 503LOT 502LOT 500GRAPHIC SCALEPAUL 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 12/31/22NCCRAFT LANS RVEYO BRICK SURFACELEGENDEXISTING ELEVATION( )AC ASPHALT PAVEMENTTEMPORARY BENCHMARKTBMBLOCK WALLLCCENTERLINEGM GAS METERFSFLFINISHED SURFACEFLOWLINESET ON A WATER METER (WM)ELEVATION = 12.47 FEETSURVEYOR OR ENGINEER SHALL PERMANENTLY MONUMENT PROPERTYCORNERS OR OFFSETS BEFORE STARTING GRADING.PLEASE CALL PAUL CRAFT @ 714-488-5006 TO SCHEDULE.SURVEYOR'S NOTESFFFINISH FLOORNG NATURAL GROUNDTOP OF CURBTCSEARCHED, FOUND NOTHING; SETNOTHINGEGEDGE OF GUTTERWATER METERWMBASIS OF BEARINGS THE BASIS OF BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINEM.M. 28/25-36.VICINITY MAPBENCHMARK INFORMATIONTITLE REPORT/EASEMENT NOTES: 520 VIA LIDO NORDLEGAL DESCRIPTION518 VIA LIDO NORD:REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA AND ISDESCRIBED AS FOLLOWS:LOT 500 IN TRACT NO. 907, IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAPRECORDED IN BOOK 28, PAGES 25-36, OF MISCELLANEOUSMAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAIDCOUNTY.520 VIA LIDO NORD:REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA AND ISDESCRIBED AS FOLLOWS:LOT 501 AND 502 IN TRACT NO. 907, IN THE CITY OF NEWPORTBEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PERMAP RECORDED IN BOOK 28, PAGES 25-36, OFMISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.BENCHMARK NO: NB3-17-77DESCRIBED BY OCS 2002 - FOUND 3 3\4" OCSALUMINUM BENCHMARK DISK STAMPED "NB3-1777",SET IN THE TOP OF A CONCRETE BRIDGEABUTMENT. MONUMENT IS LOCATED IN THESOUTHEAST CORNER OF THE INTERSECTION OF VIALIDO AND THE WEST LIDO CHANNEL, 22.3 FT.SOUTHERLY OF THE CENTERLINE OF VIA LIDO AND0.35 MILES SOUTHEASTERLY OF NEWPORTBOULEVARD. MONUMENT IS SET LEVEL WITH THESIDEWALK.ELEVATION: 24.503 FEET (NAVD88), YEAR LEVELED 2015WOOD FENCE (WDF)WOOD FENCEWDFFFGFINISH FLOOR GARAGECONCRETE SURFACETOP OF DECKTDTELEPHONE MANHOLETMHTOP OF SEAWALLTSWSMH SEWER MANHOLEPC PALM TREE CLUSTERBBQ BARBEQUE EMHELECTRICAL MANHOLECURVE TABLECURVEDELTALENGTHRADIUSC230.01'772.50'C330.06'772.50'C160.07'772.50'TITLE REPORT/EASEMENT NOTES: 518 VIA LIDO NORDROOF SURFACESEAWALL38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Good Morning, Please find below comments from Coastal Commission on my items for Zoning Administrator on Wednesday, November 24th. From: Rehm, Zach@Coastal <Zach.Rehm@coastal.ca.gov> Sent: November 15, 2021 5:06 PM To: Whelan, Melinda <MWhelan@newportbeachca.gov> Subject: Project File No PA2021-183, CD2021-033 (518 and 520 Via Lido Nord) [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hi Melinda, please provide the following comments from Coastal Commission staff to the applicant and the zoning administrator for the referenced item. The application to demolish two housing units and construct one housing unit is inconsistent with California housing law which does not allow local governments to approve projects which result in a net loss of housing. The State legislature has clarified that construction of single family homes are housing development projects (the City previously misinterpreted single family homes to be exempt). Additionally, the Coastal Act and LCP require all impacts associated with a development to be considered at the time of the development approval, not piecemealed. Thus, if the applicant intends to demolish two homes and construct two homes, they should be part of the same application subject to the same conditions. Additionally, the project description references "a request for staff approval for grade establishment for accessory structures within the front yard along the water." Please note LCP policies requiring minimization of land alteration near the natural shoreline and note that alteration of the bulkhead requires a CDP from the Coastal Commission. Please also note the setback policies for accessory development. These are preliminary comments based on review of the City's hearing notice; staff may have additional comments as the project develops. Feel free to call me to discuss. -- Zach Rehm District Supervisor California Coastal Commission 301 E. Ocean Blvd, Suite 300 Long Beach, CA 90802 (562) 590-5071​ To submit an appeal, emergency permit application, or PRA request please email: southcoast@coastal.ca.gov Zoning Administrator - December 16, 2021 Item No. 2a Additional Materials Received for Prior Meeting Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) DATE: November 23, 2021 TO: Jaime Murillo, Zoning Administrator, City of Newport Beach FROM: Anne Fox, Senior Planner, MIG, Inc. SUBJECT: Continuance Request – November 24th Agenda Item Nos. 4 & 5 As the authorized representative of Inter-Pro Property Corporation, I am respectfully requesting that the subject Zoning Administrator Agenda items scheduled for hearing at your November 24th meeting be continued to the next available meeting of December 16, 2021. This request is being made for both of the following Agenda items: Item No. 4 Lot Merger No. LM2021-004, Coastal Development Permit No. CDP No. CD2021-033 & Staff Approval No. SA2021-008 (PA2021-183) 520 Via Lido Nord (Currently 518 and a portion of 520 Via Lido Nord) Item No. 5 Coastal Development Permit No. CDP No. 2021-056 (PA2021-215) 522 Via Lido Nord (Currently a portion of 520 Via Lido Nord) Thank you for your consideration of this matter. I can be reached at annef@migcom.com or via my mobile number on file should you have any questions. Zoning Administrator - December 16, 2021 Item No. 2a Additional Materials Received for Prior Meeting Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) November 24, 2021, Zoning Administrator Agenda Comments Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 4. Inter-Pro Property Corporation Residence Lot Merger No. LM2021-004, Coastal Development Permit No. CD2021-033 and Staff Approval No. SA2021-008 (PA2021-183) Since this requires the demolition of a building extending onto an adjacent lot, it is very difficult to see how this and Item 5 (for that other lot) can be viewed as separate projects and not part of a single development. It also seems unusual that neither the staff report nor the proposed resolution discuss the compatibility of the recommended action with the Housing Crisis Act of 2019’s prohibition of approval of projects that result in reductions in residential density, as the Item 4 staff report says this does (from two units to one). The closest I could find was a statement in the case log for Item 5 that “Under PA2021-183 and the subject PA2021-215, a total of two-single family dwellings are being demolished and a total of two-single-family dwellings will be constructed, with no loss or increase of the total number of dwelling units.” City of Newport Beach staff has interpreted the 2019 Act to not apply to projects in which the final product is a single family home. Yet, on September 16, 2021, the Governor signed this year’s SB 8, which says that its provisions with respect to this, which make clear the 2019 Act does apply to projects resulting in a single family home, “do not constitute a change in, but are declaratory of, existing law.” However, despite the new law saying this is not a new rule, it rather confusingly adds that its clarification “shall not affect a project for which an application was submitted to the city, county, or city and county before January 1, 2022.” So apparently the City can proceed with approvals that rely on its erroneous interpretation of the law for applications submitted prior to January 1. And, when considered together with Item 5, there may be no reduction in actual density here. Nonetheless, the requested lot merger appears to reduce three existing R-1 lots to two and that reduction in theoretical development potential seems problematic from a Coastal Act perspective, especially in view of the Coastal Commission’s recent insistence, when it reviews applications, that reductions in residential development potential be mitigated by the provision of a compensating number of accessory dwelling units in the resulting project. Moreover, approval of the lot merger will sanction a density inconsistent with the Coastal Land Use Plan. The staff report says the CLUP Category of these properties is RSD-C (Single Unit Residential Detached 10.0 - 19.9 DU/AC). It also says the merged lot will be approximately 5,561 square feet in area, which is 0.128 acres. With the two currently-allowed units that figures to a density of 15.7 du/ac, comfortably in the middle of the CLUP-designated range. But after reducing the development potential to a single unit, the density will be 7.8 du/ac, which is clearly outside the range. And although the staff report notes the minimum lot size of 5,000 square feet for new subdivision stated in the Implementation Plan, it does not explain how that requirement could Zoning Administrator - December 16, 2021 Item No. 2a Additional Materials Received for Prior Meeting Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) November 24, 2021, ZA agenda Item 4 comments - Jim Mosher have been found to implement the CLUP, since it would result in densities, as here, clearly inconsistent with CLUP (8.7 du/ac or less). An additional problem not addressed in the staff report or resolution involves the docks. Figure 1 of the staff report suggests there are currently separate docks associated with Lot 500 and Lot 501.The merged lot will then have two docks, and Lot 502 (the subject of Item 5) will have none. I do not believe the LCP or other Newport Beach regulations allow a residential lot to have two docks, and I’m not sure they can be added to one that currently doesn’t have one. Handwritten page 49 appears to show the westerly dock being moved. As to the waiver of the parcel map, there are maps provided (as Attachment ZA 3, “Lot Merger Exhibits”) which seem to show the creation of a new parcel. This is not a parcel map? Finally, it is good to see the “staff approval” for grade establishment has been combined with the parts of the application requiring approval at a public meeting and not quietly approved ahead of consideration of the other parts of the proposal. But it is not clear from the staff report if part of the project is to fill the depressed area that prompted the need for a grade establishment. Specific comments: Handwritten page 12, paragraph 1.2: “The property at 518 Via Lido Nord is legally descirbed described as Lot 500 in Tract 907 and the property at 520 Via Lido Nord is legally described as Lot 501 and Lot 502 in Tract 907.” Handwritten page 13, end of paragraph 2.2: “This exemption includes a minor lot merger not resulting in the creation of any new parcel that complies with the conditions specified above.” [should “complies with” be “violates”?] Handwritten page 14, paragraph C.1: “The merged lots will retain the R-1 (Sinlge Single-Unit Residential) zoning designation, consistent with the surrounding area.” Handwritten page 14, paragraph C.2: Because of the density issue stated earlier, the statement that “the merger is consistent with the land use designations of the General Plan and Coastal Land Use Plan” is questionable. Handwritten page 17, paragraph G.1: “The newly created parcel will comply with all development standards for the R-I R-1 Coastal Zoning District.” Handwritten page 17, paragraph G.2.c: “The highest guardrail and roof is less than 24 feet from established grade of 12.77 feet North American Vertical Datum of 1988 (NAVD88), which comply complies with the maximum height requirements.” Handwritten page 17, paragraph G.2.d: “The project includes garage parking for a total of four (4) vehicles complying with the minimum four (4)-car parking requirement for duplexes.” [Is this regarded as a duplex? If so, how is that consistent with the RSD-C designation and R-1 zoning? Also, the floor plan on handwritten pages 49 and 54 seem to show a two-car garage. Is tandem parking planned?] Handwritten page 17, paragraph G.4: “Therefore, the sea level is estimated to reach approximately 10.90 feet (NAVD88) - (the likely range for sea level rise over the 75-year design life of the structure based on low risk aversion estimates for sea level rise provided by the State Zoning Administrator - December 16, 2021 Item No. 2a Additional Materials Received for Prior Meeting Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) November 24, 2021, ZA agenda Item 4 comments - Jim Mosher of California, Sea Level Rise Guidance: 2018 Update).” [note: It is unclear how “10.90 feet” was obtained by adding “a 3.0-foot increase” to the existing “7.7 feet.”] Handwritten page 17, paragraph G.4: “Flood shields (sandbags and other barriers) can be deployed across the openings to protect and prevent flooding to the structure.” [It is not obvious what “openings” this is referring to.] Handwritten page 18, paragraph 8: “The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an 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.” Handwritten page 18, paragraph 10: “The nearest coastal viewpoint is across the bay at Kings Road Park and is not visible from the site.” [The next sentence says the site is in the view shed of the park, which implies the park is visible from the site.] Handwritten page 19, paragraphs 12 and H.1: “The project replaces an existing single-family residence located on a standard residential lot with a new single-family residence.” [That does not seem an accurate description of the project since it replaces one residence and parts of another with a single residence on a newly-created and arguably non-“standard” lot for Lido Isle.] Handwritten page 19, paragraph H.2: “Vertical and lateral access to the bay and beach is available 280 feet northwest of the property at the terminus of Via Koron, where there is access to the beach along the bay. Additionally, vertical and lateral access is available at the park at the terminus of Via Orvieto which is also along the beach.” [This would seem to imply the property is fronted by a beach to which the public has lateral access via these two points. That is not clear from the aerial photo and does not appear to be true.] Handwritten page 21, paragraph 4.3: “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 Program (LCP) Implementation Plan, of the Newport Beach Municipal Code.” [Is there a different appeal procedure for the lot merger (which appears to require approval under Title 19, as well)?] Handwritten page 23, Condition 10: Is there doubt as to whether some of development described in the staff report is “on California Coastal Permit Jurisdiction, State tidelands, public beaches, or the public right-of-way“? Is this condition saying the applicant has to provide documentation from the CCC even for improvements for which there is no doubt? Or is it meant to apply only to changes in the dock configuration and possibly work on the bulkhead? Handwritten page 24, Condition 21: “This Coastal Development Permit may be modified or revoked by the Zoning Administrator if it is determined that the proposed uses or conditions under which it is being operated or maintained is are 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.” Zoning Administrator - December 16, 2021 Item No. 2a Additional Materials Received for Prior Meeting Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) November 24, 2021, ZA agenda Item 4 comments - Jim Mosher Handwritten page 25, Condition 29: “Construction activities shall comply with Section 10.28.040 (Construction Activity Noise Regulations) 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, and 8:00 a.m. and 6:00 p.m. on Saturday.” [The next sentence says “Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays.”] Handwritten page 25, Condition 31: “Prior to the issuance of building permit permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division.” Handwritten page 41: The arrow to the “Project site” in the inset in the lower right (pointing to a lot in the Lido Village area) has no obvious relation to the project site on “Lido Island” (“Lido Isle” according to Tract Map No. 907) described in the staff report. Zoning Administrator - December 16, 2021 Item No. 2a Additional Materials Received for Prior Meeting Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) From:Jim Mosher To:CDD Subject:Comments on 12/16/2021 Zoning Administrator Items 2 & 3 Date:December 15, 2021 11:14:25 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Although it is not apparent from either the agenda or the current staff reports, the public notices for Item 2 and Item 3 at the December 16, 2021, Newport Beach Zoning Administrator hearing indicate they were continued from the November 24 hearing, at which they were heard as Item 4 and 5. The archived records for Item 4 from November 24 indicate comment letters about it and former Item 5 were received from Coastal Commission District Supervisor ZachRehm and from me (see pages 62 through 67 of the 67-page Item 4 PDF archive and my letter on pages 46 through 47 of the 47-page Item 5 PDF archive). Those letters independently questioned whether the two items could be considered as separate developments or were part of a single one. The Coastal Commission letter additionally asserts that the City lacks authority to approve alterations to the bulkhead, while mine pointed out a number of typographical errors in the staff report. As best I can tell, the present staff reports differ from the previous ones only in the date and item number on the first page and the hearing date stated in the proposed resolutions. As such, they do not acknowledge, let alone address, the earlier comments. Isn't this unusual? Shouldn't the resolution at least state that a hearing was scheduled for November 24, but continued? If, instead, staff has determined that the comments submitted on November 24 do notcount, I would like to reassert mine. Yours sincerely, Jim Mosher Zoning Administrator - December 16, 2021 Item No. 2b Additional Materials Received Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) 10-18-2021 RESOLUTION NO. ZA2021-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM 2021-004, COASTAL DEVELOPMENT PERMIT NO. CD2021-033 AND STAFF APPROVAL NO. SA2021-008 TO DEMOLISH TWO EXISTING SINGLE-FAMILY DWELLINGS, MERGE TWO LOTS UNDER COMMON OWNERSHIP AND CONSTRUCT A NEW TWO (2)-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED FOUR (4)-CAR GARAGE LOCATED AT 518 AND 520 VIA LIDO NORD (PA2021-183) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Anne Fox, MIG, Inc., with respect to property located at 518 and 520 Via Lido Nord, requesting approval of a lot merger, coastal development permit and staff approval for establishment of grade. 2.The property at 518 Via Lido Nord is legally describedirbed as Lot 500 in Tract 907 and the property at 520 Via Lido Nord is legally described as Lot 501 and Lot 502 in Tract 907. 3.The applicant proposes a lot merger and coastal development permit to allow the demolition of two (2) single-family residences at 518 Via Lido Nord (Lot 500) and 520 Via Lido Nord (Lot 501 and Lot 502), the merger of two (2) lots under common ownership (Lot 500 and Lot 501) to create a single parcel, and the construction of a 6,091-square-foot, two (2)-story, single-family residence including an attached 803-square-foot, four (4)-car garage. The merged lot and new development will retain the address of 520 Via Lido Nord. The remaining Lot 502 will be assigned the new address of 522 Via Lido Nord and will be developed with an additional single-family dwelling under a separate coastal development permit (PA2021-215). The project includes reinforcing and raising an existing bulkhead. Additionally, a request for a staff approval is included for grade establishment within the front yard area along the water on the existing 520 Via Lido Nord property (Lot 501 and Lot 502). 4.The subject properties are 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 properties are located within the coastal zone. The Coastal Land Use Plan category is RSD-C (Single Unit Residential Detached – 10.0 – 19.9 DU/AC) and it is located within the R-1 (Single-Unit Residential) Coastal Zone District. 5.Implementation of CD2021-033 and CD2021-056, as conditioned, will result in no net loss of density. Formatted: Font: (Default) Arial, Condensed by 0.15 pt Formatted: Left, Indent: Left: 0.5", No bullets ornumbering, Hyphenate, Tab stops: Not at -3.44" Formatted: Font: (Default) Arial, Condensed by 0.15 pt Formatted: List Paragraph,Discussion Text - List Paragraph,Indent: Hanging: 0.5", Numbered + Level: 1 + NumberingStyle: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: -3.44", Left + Not at -0.5" Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) Zoning Administrator Resolution No. ZA2021-### Page 2 of 17 10-05-2021 6. A public hearing was held scheduled on November 24, 2021 and continued to on December 16, 2021. The public hearing was held , 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. 6. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Sections 15315 and 15303, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 15 (Minor Land Divisions) and Class 3 (New Construction or Conversion of Small Structures), because it has no potential to have a significant effect on the environment. 2. Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four (4) or fewer parcels when the division is in conformance with the General Plan and Zoning; no variances or exceptions are required; all services and access to the proposed parcels are available; the parcel was not involved in a division of a larger parcel within the previous two (2) years; and the parcel does not have an average slope greater than 20 percent. This exemption includes a minor lot merger not resulting in the creation of any new parcel thatand complies with the conditions specified above. 3. 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 two (2) single-family residences and the construction of a new 6,091- square-foot single-family dwelling with an attached 803-square-foot, four (4)-car garage. 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. 4. 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. Lot Merger Formatted: Normal, No bullets or numbering Formatted: Left, Indent: Left: 0.5", No bullets or numbering, Hyphenate, Tab stops: Not at -0.5" Formatted: Condensed by 0.15 pt Formatted: Font: (Default) Arial, Condensed by 0.15 pt Formatted: Indent: Left: 0.5", No bullets or numbering Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) Zoning Administrator Resolution No. ZA2021-### Page 3 of 17 10-05-2021 In accordance with Sections 19.68.030(H) (Lot Mergers – Required Findings) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. Approval of the merger will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of this title. Facts in Support of Finding: 1. The proposed lot merger will combine two (2) lots under common ownership by removing the interior lot line between them. The merging of the two (2) lots will not result in the creation of additional parcels. 2. The project is in an area with an average slope of less than 20 percent. 3. The lot merger is consistent with the purpose and intent of NBMC Title 19 (Subdivisions). Finding: B. The lots to be merged are under common fee ownership at the time of the merger. Fact in Support of Finding: 1. The two (2) lots to be merged are under common fee ownership and are conditioned to remain under common fee ownership prior to recordation of the lot merger. Finding: C. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. The merged lots will retain the R-1 (Sinlge-Unit Residential) zoning designation, consistent with the surrounding area. The R-1 Zoning District is intended to provide for a maximum of one (1) residential dwelling unit located on a single legal lot. 2. The Land Use Element of the General Plan designates both properties as RS-D (Single- Unit Residential Detached), which applies to single-family residential dwelling units. The Coastal Land Use Plan designates the properties as RSD-C (Single-Unit Residential Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) Zoning Administrator Resolution No. ZA2021-### Page 4 of 17 10-05-2021 Detached – 10.0 - 19.9 DU/AC) which provides for density ranges from 10.0-19.9 dwelling units per acre. The land use will remain the same and the merger is consistent with the land use designations of the General Plan and Coastal Land Use Plan. 3. The subject properties are not located within a specific plan area. 4. Newport Beach Municipal Code Title 21 21.18.030 (Residential Coastal Zoning Districts General Development Standards) establishes the minimum standards required for lot creation. The minimum lot width required and the minimum lot area required in the R-I zoning district is 50 feet and 5,000 square feet respectively. The underlying lots on the same block and throughtout Lido Island are all substandard to these requirements with underlying lots having approximatley 30-foot widths and 90-foot lengths. The existing 520 Via Lido Nord complies with these standards because it uses two (2) underlying legal lots. 518 Via Lido Nord is the standard Lido Island lot size with approximatley 30-foot width and 90-foot legnth. The width of the merged lot will be approximately 60 feet and the lot area will be approximately 5,561 square feet. This width and area is consistent with the existing width and area of 520 Via Lido Nord and is also consistent with other merged lots within the same block and throughout Lido Island. Finding: D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. Fact in Support of Finding: 1. Legal access for vehicular traffic is provided from Via Lido Nord and will remain unchanged. Pedestrian access will be provided from Via Lido Nord. The site does not currently provide access to any other properties. No adjoining parcels will be deprived of legal access as a result of the merger. Finding: E. The lots as merged will be consistent with the pattern of development nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. In making this finding, the review authority may consider the following: a. Whether the development of the merged lots could significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. b. Whether the merged lots would be consistent with the character or general orientation of adjacent and/or adjoining lots. c. Whether the merged lots would be conforming or in greater conformity with the minimum lot width and area standards for the zoning district. Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) Zoning Administrator Resolution No. ZA2021-### Page 5 of 17 10-05-2021 1. Lido Island has a unique shape along the waterfront which results in lots of various shapes and sizes. Properties within the 500 block of Via Lido Nord vary in size and width and, although the proposed lot merger will create a lot that is larger than the immediately adjoining lots, it will not create an excessively large lot in comparison to other existing lots on the Island. There are existing lots similar in size to the merged lot. Some examples include 544 Via Lido Nord (5,400 square feet), 524 Via Lido Nord (4,050 square feet), 521 Via Lido Nord (4,539 square feet), 618 Via Lido Nord (6,975 square feet), and 633 Via Lido Nord (5,016 square feet). Larger lots, such as 524 Via Lido Nord, 544 Via Lido Nord and 537 Via Lido Nord can be found within the same block as the site. Also, the existing 520 Via Lido Nord is the same size as the proposed 520 Via Lido Nord, just a shift of the lots. The majority of the comparable parcels are waterfront development or just across the street from the water, and this lot merger would be consistent with this pattern. 2. The width of the merged lots will be approximately 60 feet which is not excessive. The merged lot does not develop previously underdeveloped land, nor does it disrupt the character or livability of the neighborhood. 3. Orientation and access to the parcel would remain from Via Lido Nord. The resulting lot configuration will not change the existing pattern of development in the area. 4. Fact in Support of Finding C.4 is hereby incorporated by reference. Waiver of Parcel Map In accordance with Section 19.08.30(A)(3) (Waiver of Parcel Map Requirement) of the NBMC, the Zoning Administrator may approve a waiver of the parcel map requirement in cases where no more than three (3) parcels are eliminated. The following finding and facts in support of such finding are set forth: Finding: F. The proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of this title, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. Approval of the proposed lot merger would remove the existing interior lot lines and allow the property to be utilized as a single site. The proposed lot would comply with all design standards and improvements required for new subdivisions by Title 19, the Zoning Code, and General Plan. 2. The subject property is not subject to a specific plan. The property complies with the requirements of Title 21 LCP Implementation Plan, as detailed in the following section (Findings G and H). Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) Zoning Administrator Resolution No. ZA2021-### Page 6 of 17 10-05-2021 3. The proposed lot merger combines two (2) contiguous lots under common ownership into a single parcel of land and does not result in the elimination of more than three (3) parcels. 4. The merged lot is within an urban environment and will be served by existing public utilities. Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) Zoning Administrator Resolution No. ZA2021-### Page 7 of 17 10-05-2021 Coastal Development Permit In accordance with Section 21.52.015(F) (Coastal Development Permits – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: G. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The newly created parcel will comply with all development standards for the R-I1 Coastal Zoning District. Facts in support of Finding C.1, C.2, and C.4 are incorporated here by reference. 2. 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 8,178 square feet and the proposed floor area is 6,091 square feet. b. The proposed development provides the minimum required setbacks, which are 10 feet along the front property line abutting the water, 4 feet along each side property line, and 4 feet along the street frontage property line on Via Lido Nord. c. The highest guardrail and roof is less than 24 feet from established grade of 12.77 feet North American Vertical Datum of 1988 (NAVD88), which complyies with the maximum height requirements. d. The project includes garage parking for a total of four (4) vehicles complying with the minimum four three (3)-car parking requirement for duplexessingle-unit dwellings 4,000 square feet or greater. 3. The neighborhood is predominantly developed with two (2)-story, single-family residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development consistent with applicable development standards. 4. A Coastal Hazards Report, Sea Level Rise Analysis and Bulkhead Conditions Report was prepared by PMA Consulting, Inc. dated July 26, 2021, for the project. The current maximum bay water elevation is 7.7 feet (NAVD88), and the existing bulkhead is 8.83 feet (NAVD88). The report analyzes future sea level rise scenarios assuming a 3.0-foot increase in the maximum water level over the next 75 years (i.e., the life of the structure). Therefore, the sea level is estimated to reach approximately 10.90 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). The project includes reinforcing and raising the existing seawall to 12.30 feet (NAVD88) with an adaptability elevation of 14.4 feet (NAVD88). Formatted: Left Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) Zoning Administrator Resolution No. ZA2021-### Page 8 of 17 10-05-2021 This is above the minimum required 10.9 feet (NAVD88). Flooding, wave runup, and erosion will not significantly impact this property over the proposed 75-year economic life of the development. Flood shields (sandbags and other barriers) can be deployed across the openings to protect and prevent flooding to the structure. The report concludes that the proposed project will be reasonably safe from flooding hazards for the next 75 years. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA Consulting, Inc. dated July 26, 2021, for the project. The current maximum bay water elevation is 7.7 NAVD88 (North American Vertical Datum of 1988 (NAVD88) and may exceed the existing 8.83 feet NAVD88 top of bulkhead elevation 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 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). 5. 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 bulkhead 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 12.30 feet (NAVD 88) per the proposed plans. 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. 4.6. Once the existing seawall/bulkhead is reinforced and raised per the report’s recommendations, flooding, wave runup, and erosion will not significantly impact this property over the proposed 75-year economic life of the development. The report concludes that the proposed project will be safe from flooding hazards for the next 75 years with the reinforced and raised bulkhead. Therefore, the project has been conditioned to raise the bulkhead to the 12.30 feet (NAVD88) per the approved plans. 5.7. The finished floor elevation of the proposed single-family residence is 12.61 feet (NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard. The Coastal Hazards Report concludes that the bay water elevation will not exceed the proposed finished floor for the anticipated 75-year life of the structure. 6.8. NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The property owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with NBMC Section 21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will need to be satisfied prior to final building inspection, and prior to the issuance of building permits, respectively. Formatted: Font: (Default) Times New Roman, Bold Formatted: Normal, Left, No bullets or numbering Formatted: Not Highlight Formatted: Font: (Default) Times New Roman Formatted: Left, Indent: Left: 0.5", No bullets ornumbering Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) Zoning Administrator Resolution No. ZA2021-### Page 9 of 17 10-05-2021 7.9. The property is 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. 8.10. Pursuant to Section 21.35.050 of the NBMC, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Management Plan (WQMP) is required. A preliminary WQMP has been prepared in July 27, 2021 for the project by Forkert Engineering & Surveying, Inc. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an Low Impact Development (LID) approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. 9.11. Proposed landscaping complies with Section 21.30.075 (Landscaping) of the NBMC. 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 10.12. The project site is not located adjacent to a coastal view road, public access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is across the bay at Kings Road Park and is not visible from the site. As currently developed, the existing property and other residences along the bay and Via Lido Nord are located within the view shed of the park and bay. However, the proposed single-family residence complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. 11.13. The project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to existing public views. The front of the residence, which is visible from the bay, provides additional setbacks for the first floor and the living areas on the second floor where the required setback is 10 feet. The proposed residence includes two (2) stories and reaches a maximum height of 24 feet, where three (3) stories and a maximum height of 29 feet is allowed per the NBMC. Lastly, the design includes modulation of volume throughout the structure and low front site walls that prevent the appearance of the site being walled off from the bay. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to existing public views. 12.14. The project replaces an existing single-family residence located on standard residential 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. Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) Zoning Administrator Resolution No. ZA2021-### Page 10 of 17 10-05-2021 Finding: H. 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. Fact in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project replaces an existing single-family residence located on a standard residential lot with a new single-family residence. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. Vertical and lateral access to the bay and beach is available 280 feet northwest of the property at the terminus of Via Koron, where there is access to the beach along the bay. Additionally, vertical and lateral access is available at the park at the terminus of Via Orvieto which is also along the beach. Additional vertical access points to the water are located at the terminus of Via Orvieto. The project does not include any features that would obstruct access along these routes. Staff Approval for Grade Establishment In accordance with Section 20.30.050 (C) – (Grade Establishment) and 21.30.050 (C) – (Harbor and Bay Regulations) If the Director finds that the existing grade on the subject lot has been previously altered (e.g., contains retaining structures, property line walls, planters, or excavation/fill), or other conditions are present to the degree that the existing grade is not representative of the prevailing grades on adjoining lots and/or the general area and, therefore, is not appropriate for the purpose of establishing the grade of the subject lot, the Director may establish the grade that is reasonable and comparable with the grades of adjoining lots and that will not be detrimental or injurious to property and improvements on adjoining lots. Finding: I. The existing grade on the subject lot has been previously altered (e.g., contains retaining structures, property line walls, planters, or excavation/fill), or other conditions are present to the degree that the existing grade is not representative of the prevailing grades on adjoining lots and/or the general area and, therefore, is not appropriate for the purpose of establishing the grade of the subject lot. Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) Zoning Administrator Resolution No. ZA2021-### Page 11 of 17 10-05-2021 Facts in Support of Finding: 1. The Applicant is redeveloping the property with a new single-unit residence; however, the grades along the front setback area (waterfront) include depressed areas that are not representative of the prevailing grades on the two (2) adjoining properties. This grade differential creates design constraints and unfairly restricts the heights of accessory structures below those of the neighboring properties. 2. The subject property is currently developed with a planter within the front yard along the waterfront with an elevation of approximately 8.7 feet (NAVD88). This planter elevation is approximately 4 feet lower than the immediately adjacent properties on both sides and, therefore, not appropriate for the purposes of measuring height of the accessory structures. Finding: J. The grade is reasonable and comparable with the grades of adjoining lots and will not be detrimental or injurious to property and improvements on adjoining lots. Fact in Support of Finding: 1. Allowing a higher grade of 12.71 feet (NAVD88), which is an average elevation between the adjacent property’s front yards along the waterfront, would provide the property with a grade elevation that is compatible with those of the neighboring properties and equitable for the purposes of measuring heights of accessory structures within the front setback. Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) Zoning Administrator Resolution No. ZA2021-### Page 12 of 17 10-05-2021 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 (CEQA) pursuant to Section 15315 under Class 15 (Minor Land Divisions) and 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. The exceptions to the Class 3 exemption do not apply. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2021-033, Lot Merger No. LM2021-004 and Staff Approval No. SA2021- 008 subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 19 Subdivisions) and Title 21 Local Coastal Program (LCP) Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City on the Coastal Development Permit 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 16TH DAY OF DECEMBER, 2021. _____________________________________ Jaime Murillo, Zoning Administrator Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) Zoning Administrator Resolution No. ZA2021-### Page 13 of 17 10-05-2021 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 recordation of the lot merger, the two (2) lots shall be held entirely under one (1) common fee ownership. 3. Prior to recordation of the lot merger, the two (2) single-family dwellings located at 518 Via Lido Nord and 520 Via Lido Nord shall be permitted and finaled for demolition permits. 4. Prior to recordation of the lot mergerthe final of building permits, the pier and slip that straddles the property line between 520 Via Lido Nord and 522 Via Lido Nord shall be reconfigured and permitted to comply with Municipal Code Section 17.35.020.A.7. and 17.35.020.B.1. 5. The map lot merger shall be submitted to the Public Works Department for final map review and approval. All applicable fees shall be paid. 6. Prior to the issuance of building permits for construction across the existing interior lot lines, recordation of the lot merger documents with the County Recorder shall be required. 7. The grade for the purposes of measuring height of accessory structures within the 10- foot front yard setback along the waterfront, authorized by this determination shall be based on the grade of 12.71 feet (NAVD88). 8. Prior to final of building permits, the existing seawall shall be reinforced and capped to 12.30 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 and Residential Facilities in accordance with the recommendations provided in the Coastal Hazards Report and Bulkhead Conditions Report prepared by PMA Consulting, Inc., dated July 26, 2021. 9. 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. 10. Prior to the final building permit inspection for the dwelling at 520 Via Lido Nord, building permits for the new dwelling at 522 Via Lido Nord (CD2021-056) shall be issued and Formatted: Underline Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) Zoning Administrator Resolution No. ZA2021-### Page 14 of 17 10-05-2021 construction commenced to ensure no net loss of housing units through project implementation. 11. 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. 12. 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 the Coastal Act and/or not located within the permit jurisdiction of the Coastal Commission. 13. 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. 14. This Coastal Development Permit does not authorize any development seaward of the private property. 15. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) Zoning Administrator Resolution No. ZA2021-### Page 15 of 17 10-05-2021 B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one (1) or two (2) short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 16. 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. 17. 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. 18. 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. 19. 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. 20. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 21. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 22. 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. 23. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if it is determined that the proposed uses or conditions under which it is being operated or maintained is are 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. 24. 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. Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) Zoning Administrator Resolution No. ZA2021-### Page 16 of 17 10-05-2021 25. 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. 26. 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. 27. Prior to issuance of a building permit, 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. 28. 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. 29. 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. 30. 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. 31. Construction activities shall comply with Section 10.28.040 – (Construction Activity— Noise Regulations) 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, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 32. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 – (Community Noise Control) and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183) Zoning Administrator Resolution No. ZA2021-### Page 17 of 17 10-05-2021 Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 33. 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. 34. 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. 35. This Coastal Development Permit No. CD2021-033 and Lot Merger No. LM2021-004 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. 36. 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 Inter-Pro Property Corporation Residence including, but not limited to, Coastal Development Permit No. CD2021-033, Lot Merger No. LM2021-004 and Staff Approval No. SA2021-008 (PA2021-183). 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. Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)