HomeMy WebLinkAbout03_DeYoung Residence CDP_PA2021-231
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 24, 2022
Agenda Item No. 3
SUBJECT: DeYoung Residence (PA2021-231)
Coastal Development Permit No. CD2021-061
SITE LOCATION: 2762 Bay Shore Drive
APPLICANT: Brandon Architects
OWNER: Roger DeYoung
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 (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 (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 two-story, 3,553-square-foot single-
family residence with an attached 478-square-foot two-car garage. The project also
includes the installation of landscaping, hardscaping, drainage, site walls, and patio
improvements. No work is proposed to the existing bulkhead, which protects the site
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.
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
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2021-061 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject property is in the R-1 Coastal Zoning District, which provides for single-
unit residential development and
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 residence conforms to all applicable development
standards, including floor area 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 29 feet
Sides 4 feet 4 feet
Rear 0 feet 0 feet
Allowable Floor Area (max) 5,784 sq. ft. 4,031 sq. ft.
Open Space (min) 434 sq. ft. 1,373 sq. ft.
Parking (min) 2-car garage 2-car garage
Height (max) 29-foot sloped roof 29-foot sloped roof
Hazards
The development fronts the Newport Bay and is protected by an existing bulkhead.
In 2003, the bulkhead was reinforced and raised in conjunction with the
construction of a new single-family dwelling to a top of coping elevation that varies
from 12.20 feet North American Vertical Datum of 1988 (NAVD 88) to 12.25 feet
(NAVD 88). The front patio area was then filled to be flush with the top of bulkhead
and a 36-inch guard rail was installed above the bulkhead in accordance with
Building Code Requirements.
A bulkhead conditions report was prepared by Geosoils, Inc. on November 9,
2021. The report concludes that the bulkhead is in good condition and no repair or
replacement of the bulkhead is anticipated within the next 75 years.
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A Coastal Hazards Report and Sea Level Rise Analysis was prepared by Geosoils,
Inc. dated November 9, 2021, for the project. 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
10.70 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 above 10.9 feet (NAVD
88) with future design adaptability of up to 14.4 feet (NAVD 88).
With the protection of the existing bulkhead, 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 12.80 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.
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
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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 November 11, 2021 and has been
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-
Public Access and Views
Coastal Land Use Plan Policy 3.1.5-3 requires public access consistent with public
access policies for any new development in private/gated communities causing or
contributing to adverse public access impacts. Implementation Plan Section
21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the
provision of public access bear a reasonable relationship between the requirement
replaces an existing single-family residence located on a coastal lot with a new
single-family residence. Therefore, the project does not involve a change in land use,
density or intensity that will result in increased demand on public access and
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recreation opportunities. Furthermore, the project is designed and sited so as not to
block or impede existing public access opportunities.
The project site is located between the nearest public road and the sea or shoreline
in the private community of Bay Shores. Developed in 1941, Bay Shores is a 258-lot
single-family gated community located on the Lido Channel southwest of Coast
Highway and Newport Bay Bridge. The 39-unit Anchorage Apartment complex is also
located within the community. The community is accessible from Coast Highway via
Bay Shores Drive, a private street. The shoreline is on the south and east sides of
the community and consists of bulkheads and two small sandy beaches.
The residential lot does not currently provide, nor does it inhibit public coastal access.
The nearest public vertical access to the harbor is available adjacent to the Bay
Shores Community, at the Balboa Bay Club, approximately 1,600 feet to the west
from the subject property. Public access points to the shore can be found along Coast
Highway and Castaways Park.
The project site is not located adjacent to a coastal viewpoint as identified in the
Coastal Land Use Plan. The nearest designated coastal viewpoint is at Lower
Castaways Park, approximately 1,000 feet to the north of the project site. The
residence is within the general viewshed from the park when looking toward the
Pacific Ocean. The project is also within the general viewshed of a coastal view road,
West Coast Highway, while passing over the Newport Bay Bridge when and looking
at the harbor and beyond. The two-story residence however is sited within a fully
developed neighborhood and surrounded by other single-family residences. The
project has been designed to comply with height limitations and any public view of
the home is highly likely to be obscured by the adjacent residences.
As a waterfront property, the east elevation of the new residence will be visible from
the harbor. The proposed home is set back 29 feet from the bulkhead, where the
zoning code only requires a 10-foot setback, which results in the project providing
additional open volume (approximately 1,000 sq. ft. more open volume than required
per code). This design leaves the lot more open along the water and reduces the
visual appearance of a building mass so close to the waterfront. Proposed fencing
for pool protection along the waterfront edge of the property utilizes wrought iron 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 two-story, 3,553-square-foot single-family residence with a 478-square-foot attached
two-car garage in the R-1 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
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. CD2021-061 TO
DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND
CONSTRUCT A NEW TWO (2)-STORY SINGLE-FAMILY
RESIDENCE WITH AN ATTACHED TWO (2)-CAR GARAGE
LOCATED AT 2762 BAY SHORE DRIVE (PA2021-231)
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 2762 Bay Shore Drive, and legally described as Lot 3 of Tract no. 1014, 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 two (2)-story, 3,553-square-foot single-family residence with an
attached 478-square-foot two (2)-car garage. The project also includes the installation of
landscaping, hardscaping, drainage, site walls, and patio improvements. No work is
proposed to the existing bulkhead, which protects the site 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.
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 (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 (Single-Unit Residential) Coastal Zone District.
5. A public hearing was held on March 24, 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
Conversion of Small Structures), because it has no potential to have a significant effect on
the environment.
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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 an existing single-family residence and the
construction of a new two (2)-story, 3,553-square-foot single-family residence with an
attached 478-square-foot two (2)-car garage in the R-1 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 Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 5,784 square feet and the proposed floor area
is 4,031 square feet.
b. The proposed development provides the minimum required setbacks, which are 10
feet along harbor side, 4 feet along each side property line, and 0 feet along
Bayshore Drive.
c. The highest ridge is no more than 29 feet from established grade (12.52 feet North
American Vertical Datum of 1988 [NAVD 88]), which complies with the maximum
height requirements. There are no flat-roof elements in the design.
d. The project includes garage parking for a total of two (2) vehicles, complying with
the minimum two (2)-car garage parking requirement for single-family residences
with less than 4,000 square feet of habitable floor area.
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
Geosoils, Inc. dated November 9, 2021. The report states that the current maximum bay
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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). 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 above 10.9 feet
(NAVD 88) with future design adaptability of up to 14.4 feet (NAVD 88).
4. The project site is protected by an existing bulkhead with a top of coping elevation that
varies from 12.20 feet (NAVD 88) to 12.25 feet (NAVD 88). A bulkhead conditions report
was prepared by Geosoils, Inc. on November 9, 2021. The report concludes that the
bulkhead is in good condition and no repair or replacement of the bulkhead is anticipated
within the next 75 years. Condition of Approval no. 2 requires the bulkhead remain at a
minimum elevation of 10.90 feet (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 12.80
feet (NAVD 88), which complies with the minimum 9.00 feet (NAVD 88) elevation
standard.
6. Pursuant to 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). This requirement is included
as a condition of approval that will need to be satisfied prior to final building permit
inspection, respectively
7. The property owner will also be required to acknowledge any hazards present at the site
and unconditionally waive any claim to damage or liability against the decision authority,
consistent with NBMC Section 21.30.015(D)(3)(c). This requirement is included as a
condition of approval that will need to be satisfied prior to the issuance of building permits,
respectively.
8. The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code (CBC)
and Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance of
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.
9. The property abuts coastal waters. A Construction Erosion Control Plan was provided to
implement temporary Best Management Practices (BMPs) during construction to minimize
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erosion and sedimentation and to minimize pollution of runoff and coastal waters derived
by construction chemicals and materials. The project design also addresses water quality
through the inclusion of a post-construction drainage system that includes drainage and
percolation features designed to retain dry weather and minor rain event runoff on-site.
Any water not retained on- system.
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 Hydrology Plan (WQHP) is required. A preliminary WQHP has
been prepared for the project by Forkert Engineering & Surveying Inc., dated November
11, 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.
11. Proposed landscaping complies with Implementation Plan Section 21.30.075. 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.
12. The project site is not located adjacent to a coastal viewpoint as identified in the Coastal
Land Use Plan. The nearest designated coastal viewpoint is at Lower Castaways Park,
approximately 1,000 feet to the north of the project site. The residence is within the general
viewshed from the park when looking toward the Pacific Ocean. The project is also within
the general viewshed of a coastal view road, West Coast Highway, while passing over the
Newport Bay Bridge when and looking at the harbor and beyond. The two (2)-story
residence however is sited within a fully developed neighborhood and surrounded by other
single-family residences. The project has been designed to comply with height limitations
and any public view of the home is highly likely to be obscured by the adjacent residences.
13. As a waterfront property, the east elevation of the new residence will be visible from the
harbor. The proposed home is set back 29 feet from the bulkhead, where the zoning code
only requires a 10-foot setback, which results in the project providing additional open
volume (approximately 1,000 sq. ft. more open volume than required per code). This
design leaves the lot more open along the water and reduces the visual appearance of a
building mass so close to the waterfront. Proposed fencing for pool protection along the
waterfront edge of the property utilizes wrought iron and avoids the appearance of being
walled off from the water. The proposed two (2)-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.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
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Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea in the private
community of Bay Shores. Developed in 1941, Bay Shores is a 258-lot single-family gated
community located on the Lido Channel southwest of Coast Highway and Newport Bay
Bridge. The 39-unit Anchorage Apartment complex is also located within the community.
The community is accessible from Coast Highway via Bay Shores Drive, a private street.
The shoreline is on the south and east sides of the community and consists of bulkheads
and two (2) small sandy beaches.
2. Implementation Plan Section 21.30A.040 requires that the provision of public access bear
and be
proportional to the impact. In this case, the project replaces an existing single-family
residence located on standard R-1 lot with a new single-family residence. Therefore, the
project does not involve a change in land use, density or intensity that will result in
increased demand on public access and recreation opportunities. Furthermore, the project
is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede
existing public access opportunities.
3. The residential lot does not currently provide, nor does it inhibit public coastal access. The
nearest public vertical access to the harbor is available adjacent to the Bay Shores
Community, at the Balboa Bay Club, approximately 1,600 feet to the west from the subject
property. Public access points to the shore can be found along Coast Highway and
Castaways Park.
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-
which is attached hereto and incorporated by reference.
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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
Sections 13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF MARCH, 2022.
_____________________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. The existing seawall 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
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 the 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
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
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds pursuant to MBTA:
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Zoning Administrator Resolution No. ZA2022-###
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A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one (1) or two (2) short follow-up surveys will be necessary to check on the nest
and determine when the nest is no longer active.
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
to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
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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
rated 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. 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.
22. 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.
23. 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:
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 45dBA 60dBA 45dBA 50dBA
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Zoning Administrator Resolution No. ZA2022-###
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100 feet of a commercial property
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
24. 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.
25. 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.
26. This Coastal Development Permit No. CD2021-061 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.
27. 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
bursements and court costs) of every kind and nature
approval of DeYoung Residence including, but not limited to, Coastal Development
Permit No. CD2021-061 (PA2021-231). This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such
proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees,
and damages, which City incurs in enforcing the indemnification provisions set forth in this
condition. The Applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Coastal Development Permit No. CD2021-061
PA2021-231
2762 Bay Shore Drive
Subject Property
Subject Property
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Attachment No. ZA 3
Project Plans
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HUNTINGTON BEACH, CALIFORNIA 92646PHONE:(714)488-5006 FAX:(714)333-4440 APEXLSINC@GMAIL.COMAUDOMIRAF
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