HomeMy WebLinkAbout07_Smith Residence CDP_PA2021-207
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
January 27, 2022
Agenda Item No. 7
SUBJECT: Smith Residence (PA2021-207)
▪ Coastal Development Permit No. CD2021-052
SITE LOCATION: 300 Morning Star Lane
APPLICANT: Brandon Architects
OWNER: Tim and Amber Smith
PLANNER: Joselyn Perez, Assistant Planner
949-644-3312, jperez@newportbeachca.gov
LAND USE AND ZONING
• General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached)
• Zoning District: R-1-6000 (Single-Unit Residential)
• Coastal Land Use Plan Category: RSD-B (Single Unit Residential Detached – 6.0 –
9.9 DU/AC)
• Coastal Zoning District: R-1-6000 (Single-Unit Residential)
PROJECT SUMMARY
A request for a coastal development permit (CDP) to allow the demolition of an existing
single-family residence and the construction of a new 6,588-square-foot, two-story,
single-family residence with a total of 793 square feet of attached garages providing a
total of three enclosed parking spaces. The project also includes the installation of
landscaping, hardscaping, drainage, a pool, site walls, patio improvements, and
reinforcing the bulkhead for protection against coastal hazards. The design complies with
all applicable development standards and no deviations are requested. All improvements
authorized by this CDP will be located on private property. The design complies with all
applicable development standards and no deviations are requested.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division
6, Chapter 3, because it has no potential to have a significant effect on the
environment and the exceptions to this exemption do not apply; and
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3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2021-052 (Attachment No. ZA 1).
DISCUSSION
Land Use and Development Standards
• The subject property is in the R-1-6000 Coastal Zoning District, which provides for
single-unit residential development and is consistent with the City’s Coastal Land
Use Plan, General Plan, and Zoning Code. A coastal development permit is required,
and the property is not eligible for a waiver for de minimis development because the
property is located in the Coastal Commission Appeal Area.
• The property currently consists of one legal lot developed with a single-family
residence. The neighborhood is predominantly developed with two-story, single-
family residences as demonstrated in attachment No. ZA 2 Vicinity Map. The
proposed design, bulk, and scale of the development is consistent with the existing
neighborhood pattern of development and any expected future development.
• The proposed single-family dwelling and accessory structures conform to all
applicable development standards, including lot coverage limitations, 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 (harbor side) 10 feet 10 feet
Sides 6 feet 6 feet
Rear 6 feet 6 feet
Maximum Lot Coverage % 60% 55%
Parking (min.) 3 enclosed spaces 3 enclosed spaces
Height (max.) 24-foot flat roof 24-foot flat roof
Hazards
• The development fronts the Newport Bay and is protected by an existing bulkhead.
A bulkhead conditions report was prepared by PMA Consulting, Inc. on August 5,
2021. The existing bulkhead assembly consists of jetted-in pre-cast concrete
panels, cast-in-place concrete coping and a concrete stem wall on top of the
coping. Elevations for the top of coping vary from 8.58 North American Vertical
Datum of 1988 (NAVD 88) to 8.74 (NAVD 88) with elevations for the stem wall
above varying from 11.87 (NAVD 88) to 14.47 (NAVD 88). The top of the existing
stem wall is in line with the existing patio finished surface. The report concludes
that while the bulkhead is in good condition with minor, repairable cracks, it should
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be reinforced through the installation of new tiebacks and new deadmen. As part
of the proposed seawall reinforcing, the existing stem wall will be removed and
replaced by a new stem wall on top of the existing coping with top of wall elevations
that vary from 10.90 (NAVD 88) to 12.88 (NAVD 88). The new stem wall heights
are lower than the existing stem wall. Once the bulkhead is reinforced in
accordance with the report, no repair or replacement of the bulkhead is anticipated
within the next 75 years.
• A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated August 5, 2021, for the project. The report states that the
current maximum bay water elevation is 7.7 (NAVD 88). The report analyzes future
sea level rise scenarios assuming a 3-foot increase in the maximum water level
over the next 75 years. The bay water level is estimated to reach approximately
10.70 feet (NAVD 88) in the year 2096 (the likely range for sea level rise over 75-
year design life of the structure based on low risk aversion estimates for sea level
rise provided by the State of California, Sea Level Rise Guidance: 2018 Update).
• On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential
Facilities. The guidelines require that any structure permitted within the years 2021
through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD 88)
with a design for adaptability elevation of 14.4 feet (NAVD 88). The proposed
bulkhead design maintains a minimum top of wall elevation of 10.9 feet (NAVD 88)
with future adaptability of up to 14.4 feet (NAVD 88).
• Once the existing bulkhead is reinforced per the Coastal Hazards Report’s
recommendations, flooding, wave run-up, and erosion will not significantly impact
this property over the proposed 75-year economic life of the development. Flood
shields (sandbags and other barriers) can be deployed across the openings to
protect and prevent flooding to the structure as well as installing waterproofing and
flashing above the top of slab.
• The finished floor elevation of the proposed single-family residence is 13.30 feet
(NAVD 88), which complies with the minimum 9.0-foot (NAVD 88) elevation
standard.
• Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv)
– (Natural Landform and Shoreline Protection), the property owner will be required
to enter into an agreement with the City waiving any potential right to protection to
address situations in the future in which the development is threatened with damage
or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The
Waiver of Future Protection is included as a condition of approval that will need to be
satisfied prior to final building inspection.
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• The property owner will also be required to acknowledge any hazards present at the
site and unconditionally waive any claim to damage or liability against the decision
authority, consistent with NBMC Section 21.30.015(D)(3)(c) – (Waterfront -
Development Standards). The Acknowledgement of Coastal Hazards is included as
a condition of approval that will need to be satisfied prior to the issuance of building
permits.
• The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code
(CBC) and Building Division standards and policies. Geotechnical investigations
specifically addressing liquefaction are required to be reviewed and approved prior
to the issuance of a building permit. Permit issuance is also contingent on the
inclusion of design mitigation identified in the investigations. Construction plans are
reviewed for compliance with approved investigations and CBC prior to building
permit issuance.
Water Quality
• The property is located adjacent to coastal waters. Pursuant to Section 21.35.030
(Construction Pollution Prevention Plan) of the NBMC, a Construction Pollution
Prevention Plan (CPPP) is required to implement temporary Best Management
Practices (BMPs) during construction to minimize erosion and sedimentation and to
minimize pollution of runoff and coastal waters derived from construction chemicals
and materials. A CPPP has been provided and construction plans, and activities will
be required to adhere to the CPPP.
• Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to
the proximity of the development to the shoreline and the development containing
more than 75 percent of impervious surface area, a preliminary Water Quality and
Hydrology Plan (WQHP) is required. The preliminary WQHP was prepared by
Forkert Engineering & Surveying Inc. dated August 6, 2021 and has been reviewed
by the City’s Engineer Geologist. The WQHP includes a polluted runoff and
hydrologic site characterization, a sizing standard for BMPs, use of an LID approach
to retain the design storm runoff volume on site, and documentation of the expected
effectiveness of the proposed BMPs. Construction plans will be reviewed for
compliance with the approved WQHP prior to building permit issuance.
• The project design also addresses water quality through the inclusion of a post-
construction drainage system that includes drainage and percolation features
designed to retain dry weather runoff and minor rain event runoff on-site. Any water
not retained on-site is directed to the City’s storm drain system.
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Public Access and Views
• The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public access
bear a reasonable relationship between the requirement and the project’s impact and
be proportional to the impact. In this case, the project replaces an existing single-
family residence located on a standard R-1-6000 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.
• The site does not currently provide vertical or lateral access to the Newport Bay. The
nearest public vertical access to the bay is available approximately 825 feet northeast
of the site (as the crow flies), as a large sandy beach at the end of North Star Lane.
Lateral access is provided along Polaris Drive and North Star Lane.
• The project site is located approximately 785 feet to the east of Westcliff Park and
approximately 2,300 feet southwest of Galaxy View Park. Both parks have
designated public viewpoints as identified in the Coastal Land Use Plan. The parks
offer public views of the Upper Newport Bay, the harbor, and the Pacific Ocean
beyond.
Westcliff Park
Westcliff Park is situated on a hillside above the project site. The park is developed
with a parking lot, grass, benches, and is bounded on its eastern edge by thick trees.
At the south end of the park, the trees obscure the view of Morning Star Lane.
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Figure 1: View of Westcliff Park from Morning Star Lane
At the north end of Westcliff Park, views of the project site are obscured by the
adjacent residences.
Figure 2: View of the harbor from the north end of Westcliff Park
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Galaxy View Park
Galaxy View Park is approximately 500 feet in width and improved with public
benches, grass, and landscaping. The project site is within the general viewshed of
park if looking toward the harbor and the Pacific Ocean beyond. The project site is
obscured by existing development as demonstrated in the photo below.
Figure 3: View from Galaxy View Park looking toward the harbor and Pacific Ocean beyond
As a waterfront property, the northeast elevation of the new residence will be visible
from the water. The proposed design features large glass windows, horizontal
composition, and modern architectural treatments which avoid over ornamentation.
The visual appearance of excessive bulk is reduced through the architectural style of
the residence. Proposed fencing for pool protection along the waterfront edge of the
property utilizes transparent materials and avoids the appearance of being walled off
from the water. The proposed two-story design of the residence is consistent with the
existing neighborhood pattern of development, complies with all applicable
development standards, and has no unique features that would result in adverse
impacts to public views. The proposed project should not impact coastal views.
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ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of
the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential to have a significant effect on the environment.
Class 3 exempts the construction of limited numbers of new, small, structures including
one single-family residence in a zone which permits residential uses. The proposed
project consists of the demolition of one single-family residence and the construction of a
new 6,588-square-foot, two-story, single-family residence with a total of 793 square feet
of attached garage space in the R-1-6000 zoning district.
The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a
state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. A Notice of Filing was posted to the site by the Applicant
in accordance with Title 21 requirements. Additionally, the item appeared on the agenda
for this meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan) of the NBMC. Final action taken by the City may be appealed to the
Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and
Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603
of the Coastal Act. For additional information on filing an appeal, contact the Planning
Division at 949-644-3200.
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Prepared by:
BMZ/JP
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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10-18-2021
RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2021-052 TO
DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND
CONSTRUCT A NEW TWO (2)-STORY SINGLE-FAMILY
RESIDENCE WITH ATTACHED GARAGES PROVIDING THREE
(3) ENCLOSED PARKING SPACES LOCATED AT 300 MORNING
STAR LANE (PA2021-207)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brandon Architects (Applicant), with respect to property located
at 300 Morning Star Lane, and legally described as Lot 166 of Tract No. 4224, requesting
approval of a coastal development permit (CDP).
2. The Applicant proposes the demolition of an existing single-family residence and the
construction of a new 6,588-square-foot, two-story, single-family residence with a total of
793 square feet of attached garages providing a total of three enclosed parking spaces.
The project also includes the installation of landscaping, hardscaping, drainage, a pool,
site walls, patio improvements, and reinforcing the bulkhead for protection against coastal
hazards. The design complies with all applicable development standards and no deviations
are requested. All improvements authorized by this CDP will be located on private property.
The design complies with all applicable development standards and no deviations are
requested.
3. The subject property is categorized RS-D (Single Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1-6000 (Single-Unit
Residential) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-B (Single Unit Residential Detached) – (6.0 – 9.9 DU/AC) and it is located
within the R-1-6000 (Single-Unit Residential) Coastal Zone District.
5. A public hearing was held on January 27, 2022, online via Zoom. A notice of time, place
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Division 6, Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
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Conversion of Small Structures), because it has no potential to have a significant effect on
the environment.
2. Class 3 exempts the construction of limited numbers of new, small, structures including
one single-family residence in a zone which permits residential uses. The proposed
project consists of the demolition of one single-family residence and the construction of
a new new 6,588 square-foot, two (2)-story single-family residence with a total of 793
square feet of attached garage space providing three enclosd parking spaces in the R-
1-6000 zoning district.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, maximum lot coverage, setbacks, height, and parking.
a. The maximum allowable lot coverage is 60 percent, and the proposed lot coverage
is 55 percent.
b. The proposed development provides the minimum required setbacks, which are 10
feet along the harbor side, 6 feet along each side property line, and 6 feet along
Morning Star Lane. The harbor side setback is regulated as a front setback while
Morning Star Lane setback is regulated as a rear setback.
c. The proposed development will be two stories. The highest roof will be less than
24 feet from established grade (13.10 feet based on the North American Vertical
Datum of 1988 [NAVD 88]), which complies with the maximum height
requirements.
d. The project includes garage parking for a total of three (3) vehicles, complying with
the minimum three (3)-car garage parking requirement for single-family residences
with more than 4,000 square feet of habitable floor area.
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2. 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.
3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared for the project by
PMA Consulting, Inc, dated August 5, 2021. The report states that the current maximum
bay water elevation is 7.7 feet (NAVD 88). The report analyzes future sea level rise
scenarios assuming a 3-foot increase in the maximum water level over the next 75
years. The bay water level is estimated to reach approximately 10.7 feet (NAVD 88) in
the year 2096 (the likely range for sea level rise over 75-year design life of the structure
based on low risk aversion estimates for sea level rise provided by the State of
California, Sea Level Rise Guidance: 2018 Update).
4. The project site is protected by an existing bulkhead. A bulkhead conditions report was
prepared for the project by PMA Consulting, Inc., dated August 5, 2021. The report
concludes that once the existing bulkhead is reinforced 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. Condition of
Approval 2 requires the bulkhead remain at a minimum elevation of 10.90 (NAVD 88)
with a design adaptability of elevation of 14.4 feet (NAVD 88).
5. The top of slab for the first floor of the residence is proposed at an elevation of 13.30
feet (NAVD 88), which complies with the minimum 9.00 feet (NAVD 88) elevation
standard.
6. Pursuant to NBMC Section 21.30.030I(3)(i)(iv) of the NBMC, 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, Condition of Approval Numbers 3 and 4 respectively, and will need
to be satisfied prior to final building inspection, and prior to the issuance of building permits,
respectively.
7. The property 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. The property abuts coastal waters. A Construction Erosion Control Plan was provided to
implement temporary Best Management Practices (BMPs) during construction to minimize
erosion and sedimentation and to minimize pollution of runoff and coastal waters derived
by construction chemicals and materials. The project design also addresses water quality
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through the inclusion of a post-construction drainage system that includes drainage and
percolation features designed to retain dry weather and minor rain event runoff on-site.
Any water not retained on-site is directed to the City’s storm drain system.
9. 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 Hydrology Plan (WQHP) is required. A preliminary WQHP has
been prepared for the project by Forkert Engineering & Surveying Inc., dated August 6,
2021. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing
standard for BMPs, use of an LID approach to retain the design storm runoff volume on
site, and documentation of the expected effectiveness of the proposed BMPs.
10. Proposed landscaping complies with Implementation Plan Section 21.30.075
(Landscaping). A condition of approval is included that requires drought-tolerant
species. Prior to issuance of building permits, the final landscape plans will be reviewed
to verify invasive species are not planted.
11. The project site is located approximately 785 feet to the east of Westcliff Park and
approximately 2,300 feet southwest of Galaxy View Park. Both parks have designated
public viewpoints as identified in the Coastal Land Use Plan. The parks offer public views
of the Upper Newport Bay, the harbor, and the Pacific Ocean beyond. A visual evaluation
of the project site demonstrated that the proposed project ultimately cannot be seen from
either of the designated viewpoints. The project site is screened by either existing
landscaping or existing development. As a waterfront property, the northeast elevation of
the new residence will be visible from the water. On the elevation fronting the bay, the
proposed design features large glass windows, horizontal composition, and modern
architectural treatments which avoid over ornamentation. The visual appearance of
excessive bulk is reduced through the architectural style of the residence. Proposed
fencing for pool protection along the waterfront edge of the property utilizes transparent
materials and avoids the appearance of being walled off from the water. Additionally, the
proposed two-story design of the residence is consistent with the existing neighborhood
pattern of development, complies with all applicable development standards, and has no
unique features that would result in adverse impacts to public views
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Facts 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 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 R-1-6000 lot with a new single-family residence. Therefore,
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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 access to the bay is available at the terminus of North Star Lane. Lateral access
is provided along Polaris Drive and North Star Lane. The project does not include any
features that would obstruct access along these routes.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (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 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.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2021-052, subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 21 Local
Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations,
Sections 13111 through 13120, and Section 30603 of the Coastal.
PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF JANUARY, 2022.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. Prior to final of building permits, the existing seawall shall be reinforced and shall
maintain a minimum elevation of 10.90 feet (NAVD 88) with the capability of being raised
up to 14.4 feet (NAVD 88), in compliance with the City of Newport Beach Waterfront
Project Guidelines and Standards, Harbor Design Criteria Commercial & Residential
Facilities and in accordance with the recommendations provided in the Coastal Hazards
Report and Sea Level Rise Analysis prepared by PMA Consulting, dated August 5,
2021.
3. 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.
4. 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.
5. 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.
6. This Coastal Development Permit does not authorize any development seaward of the
private property.
7. 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
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Zoning Administrator Resolution No. ZA2022-###
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10-05-2021
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
8. 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.
9. 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.
10. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stockpiles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
11. 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.
12. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
13. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14. 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.
15. 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
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to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts
hours of noise-generating construction activities that produce noise to between the
hours of 7 a.m. and 6:30 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on
Saturday. Noise-generating construction activities are not allowed on Saturdays,
Sundays or Holidays.
24. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the NBMC. The maximum
noise shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher:
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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. Prior to the issuance of building permit, the Applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
26. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
27. This Coastal Development Permit No. CD2021-052 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 NBMC, unless an extension is otherwise granted.
28. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of Smith Residence including, but not limited to, Coastal Development
Permit No. CD2021-052 (PA2021-207). 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.
19
Attachment No. ZA 2
Vicinity Map
20
VICINITY MAP
Coastal Development Permit No. CD2021-052
PA2021-207
300 Morning Star Lane
Subject Property
Subject Property
21
Attachment No. ZA 3
Project Plans
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January 27, 2022, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item 7. Smith Residence Coastal Development Permit No. CD2021-052
(PA2021-207)
I appreciate and applaud the thorough, illustrated view impact analysis on pages 5 through 7 of
the staff report. In Figures 2 and 3, it would have been helpful to include an arrow indicating the
location of the proposed project. That is not at all obvious in either of them. It would also be
helpful to indicate (in this and other staff reports) the size of the structure being replaced.
As to the proposed resolution:
Handwritten page 13, Fact 6: Contains a typo: “Pursuant to NBMC Section 21.30.030I(3)(i)(iv)
21.30.030(C)(3)(i)(iv) of the NBMC, …”
The last sentence of this fact could be more clearly and less redundantly stated as: “Both
These requirements are included as conditions of approval, Conditions of Approval Numbers
3 and 4 respectively, and will need to be satisfied prior to final building inspection, and prior to
the issuance of building permits, respectively.”
Handwritten page 14, Fact 6: is missing a period at what looks like the intended end of its last
sentence.
Handwritten page 15, Fact 2 near top of page: I am not sure the statement that “Lateral access
is provided along Polaris Drive and North Star Lane” is a correct fact, at least without supporting
evidence. Section 21.70.020 (Definitions of Specialized Terms and Phrases) of the
Implementation Plan defines “Lateral access” as “an accessway for public access and use along
the shoreline or bluff edge” (as contrasted with “Vertical access,” which “provides public access
from the first public road to the shoreline or bluff edge, or perpendicular to the shoreline or bluff
edge.”
From the Vicinity Map on handwritten page 21, Polaris Drive may be “the first public road.” And
North Star Lane, as described in the preceding sentence of this “fact,” appears to be a
component of the vertical access to the seashore that the City provides from Polaris Drive. But
neither road, by itself, constitutes a lateral access opportunity: that is, an ability for the public to
walk, wade along or otherwise enjoy the shoreline.
It might be accurate to say something like: “Vertical access to the bay is available at the
terminus of North Star Lane, where lateral access along a portion of the shoreline is available as
well.” If there are other or closer areas were lateral access is available to the public, they
should be described.
Handwritten page 16: The staff report says the project includes reinforcement of an existing
bulkhead. Isn’t the water outside that bulkhead, however owned, in the retained jurisdiction area
of the Coastal Commission? If so, does Condition of Approval 6 (“This Coastal Development
Permit does not authorize any development seaward of the private property”) need to be
expanded to clarify that any construction activity on that side needs a separate permit?
Zoning Administrator - January 27, 2022 Item No. 7a Additional Materials Received Smith Residence CDP (PA2021-207)