HomeMy WebLinkAbout02_925 Via Lido Soud, LLC Bulkhead CDP and Staff Approval_PA2022-025CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 30, 2022
Agenda Item No. 2
SUBJECT: 925 Via Lido Soud, LLC Bulkhead (PA2022-025)
▪Coastal Development Permit No. CD2022-009
▪Staff Approval No. SA2022-004
SITE LOCATION: 925 Via Lido Soud
APPLICANT: Sinclair Associates Architects Inc.
OWNER: 925 Via Lido Soud, LLC
PLANNER: Liz Westmoreland, Associate Planner
949-644-3234 or lwestmoreland@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-C (Single Unit Residential Detached - (10.0
-19.9 DU/AC))
•Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
The applicant requests a Coastal Development Permit to construct a new bulkhead within
private property along the U.S. Bulkhead line at 925 Via Lido Soud, where there are currently
no shoreline protective devices to protect existing development on the property. The
proposed bulkhead coping would reach 8.75 feet North American Vertical Datum of 1988
(NAVD88) with a stem wall up to 13.5 feet (NAVD88) to match the height of adjacent
bulkheads on either side. All work will be performed from the landside of the U.S. Bulkhead
Line and all construction would occur from private property (i.e., the landside). The project
also includes a grade determination to establish grade for the purposes of measuring height.
The proposed grade determination would allow the subject property to construct
improvements at a height consistent with the two adjacent properties.
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
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3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2022-009 and Staff Approval No. SA2022-004 (Attachment No. ZA 1).
BACKGROUND
Existing Conditions, Setting, and Permit Jurisdiction
The property currently consists of one legal lot developed with a single-family residence and
garage constructed in 1996. The existing development was issued a Coastal Development
Waiver by California Coastal Commission in 1996 (W-5-95-282), which does not include
conditions. The neighborhood is predominantly developed with one and two-story single-
family residences and almost all of the properties on the south side of Lido Isle include
bulkheads.
The proposed project is located within the City of Newport Beach Permit Jurisdiction
pursuant to the Post LCP Certification Permit and Appeal Jurisdiction Map (“Map”) and is
within the Appeal Area of the California Coastal Commission. Pursuant to the Map, the
California Coastal Commission retains jurisdiction within tidelands, submerged lands, and
lands that are subject to the public trust or were subject to the public trust at any time.
The proposed project is adjacent to, but not located within tidelands or lands that are subject
to the public trust or were subject to the public trust at any time. The proposed bulkhead is
contained entirely within private property and all construction would be conducted without
the use of mechanized equipment on the water or sand. Additionally, the project is located
outside of submerged lands, which is defined as the lands that lie below the line of mean
low tide (from California Code of Regulations Section 13577). Therefore, the project is under
the permit jurisdiction of the City of Newport Beach.
Proposed Project
The applicant requests a Coastal Development Permit to allow for a new bulkhead with a
stem wall up to 13.5 feet (NAVD88), which is in line with adjacent bulkheads, reducing any
visual impacts. The proposed bulkhead is a standard 8 inches wide, consistent with the
footprint of bulkheads in the City. Specifically, construction would include installation of a
protective device by utilizing Truline piles with cast-in-place concrete coping and connected
with DYWIDAG tiebacks to new concrete deadmen.
A staff approval for a grade determination is also requested to allow the subject property to
construct improvements at a height consistent with the two adjacent properties following
construction of the bulkhead.
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Off-site Improvements
There is an existing glass fence that was inadvertently constructed beyond the private
property line within public tidelands. The project is conditioned to require removal of the
fence with oversight by the California Coastal Commission since that feature is within their
jurisdiction.
DISCUSSION
Land Use
The subject property is located in the R-1 Coastal Zoning District, which provides for single-
unit residential development and their appurtenant facilities and is consistent with the City’s
Coastal Land Use Plan (CLUP), 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.
Section 21.30.030 (Natural Landform and Shoreline Protection)
Coastal Land Use Plan Policies within Chapter 2 including 2.8.3-6, 2.8.3-5, and 2.8.6-6
are implemented through Newport Beach Municipal Code (NBMC) Section 21.30.030.
The project complies with NBMC Section 21.30.030 (Natural Landform and Shoreline
Protection)” based on the following:
a. In compliance with Subsection (C)(3)(a)(i), the property with an existing single-
family residence and garage is not subject to recorded waivers of future protection,
as the existing development was issued a Coastal Development Waiver by
California Coastal Commission in 1996 (W-5-95-282), which does not include
conditions.
b. Subsection (C)(3)(a)(ii) requires that the construction of protective structures must
be necessary to protect existing development from natural hazards and be located
entirely within private property and not within State tidelands. For the purposes of
this section, existing development is defined as a principal structure (e.g.
residential dwelling, required garage, etc.). The proposed bulkhead is intended to
protect the existing single-family residence and garage on-site as well as existing
surrounding development including residences at 921 and 929 Via Lido Soud.
c. Subsection(C)(3)(b) limits the enlargement and expansion of land areas related to
the establishment of shoreline protective structures and prohibits the creation of
new useable land areas. All of the land on the subject property is considered
usable. As shown on the topographical survey prepared for the property,
elevations within the front yard setback (along the water) vary from 10.38 to 12.45
feet (NAVD88), which is typical for new development in the coastal areas of the
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City. Any future design of a structure using fill would not create new useable land
areas.
d. Subsection(C)(3)(c) promotes the use of non-structural methods to protect
structures, when feasible. Within the Newport Beach harbor, non-structural
methods are not employed to protect the residential islands. Non-structural
methods in this area are not feasible and cannot be carried out successfully, which
is demonstrated by the universal use of bulkheads to maintain a system of harbor
bulkheads.
e. Subsection(C)(3)(d) contains several provisions related to the design and siting of
protective structures such as bulkheads. The proposed bulkhead is located as far
landward as possible to align with the neighboring bulkheads and fill a gap in the
system of bulkheads. The bulkhead would not impact coastal resources nor access
to recreational areas or State tidelands. There are no tidelands adjacent to the site
and only a small area of sand off-site that does not connect with any recreational
areas or public beaches in the vicinity. The bulkhead would not impact alteration
of natural shoreline process, other than reducing the amount of erosion of soils on
private property during high tide events.
f. The harbor has been physically altered for more than 100 years to assure the
public purpose of maintaining a navigable harbor and protecting the shoreline from
erosion. The proposed bulkhead would link the existing bulkheads at 921 and 929
Via Lido Soud. Coastal Land Use Plan Policies within Chapter 2 including 2.8.3-6,
2.8.3-5, and 2.8.6-6 are implemented through NBMC Section 21.30.030.
Wetlands
The proposed bulkhead is not located within wetlands as defined in NBMC Section 21.
70 (Definitions). Wetlands require the presence of at least one characteristic of either (i)
land that supports hydrophytes, (ii) undrained hydric soil, or (iii) non-soil substrate
covered by water part of the year. The sane soil that surrounds Lido Isle and descends
into Newport Harbor is sand that is covered and uncovered by the tides but supports no
plants, does not exhibit undrained hydric soil, and is not a non-soil substrate. Thus, the
subject location does not contain wetlands.
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Coastal Hazards
A Coastal Hazards Analysis and Engineering Assessment of Need for New Bulkhead
Report was prepared by Geosoils, Inc. dated March 11, 2022, for the project (Attachment
3). The report included a summary of the damage observed to the residential structures
at and adjacent to the subject site. The report concludes that without a bulkhead at 925
Via Lido Soud (subject property), foundation displacement will eventually damage the
structures to the point of foundation failure. Therefore, the proposed bulkhead is
necessary to protect existing development from natural hazards.
The report describes the property’s shoreline as an intertidal beach. However, there is no
beach above the highest tide (i.e., there is no beach exposed when the tide is high).
During a very low tide event some wet sand is exposed. The shoreline is generally at the
bulkhead line as extended form the adjacent properties. As sea level rises, the shoreline
will remain at the bulkhead. The current maximum bay water elevation is 7.7 (NAVD88)
(North American Vertical Datum of 1988). The report analyzes future sea level rise
scenarios assuming a 3.2-foot increase in the maximum water level (year 2100) over the
next 75 years (i.e., the life of the structure). Therefore, the sea level is estimated to reach
approximately 10.9 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). Without the proposed
bulkhead, the rising sea levels will continue to distress the existing and neighboring
properties and ultimately public facilities such as roads and utilities.
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 (NAVD88) with a
design for adaptability elevation of 14.4 feet (NAVD88). The bulkhead is proposed with a
stem wall at an elevation of 13.5 feet (NAVD88) and is designed to be able to
accommodate an elevation of 14.4 feet (NAVD88) if needed in the future.
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). 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) – (General Site Planning and
Development Standards - Waterfront Development). 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.
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The property is located in an area known for the potential of seismic activity and liquefaction.
All projects are required to comply with the California Building Code (CBC) and Building
Division standards and policies. Geotechnical investigations specifically addressing
liquefaction are required to be reviewed and approved prior to the issuance of a building
permit. Permit issuance is also contingent on the inclusion of design mitigation identified in
the investigations. Construction plans are reviewed for compliance with approved
investigations and CBC prior to building permit issuance.
Water Quality
The property is located adjacent to coastal waters. A Construction Erosion Control Plan was
provided to implement temporary Best Management Practices (BMPs) during construction
to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters
derived by construction chemicals and materials. The project design 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-site is directed to the City’s storm drain system.
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 in
Marina Park and is not visible from the site. The site is located on the bay, which provides
views to boaters of Lido Isle. As currently developed, the existing property and other
residences along Via Lido Soud are located within the view shed of the Bay. The subject
property and adjacent properties also include residential piers which partially obstruct views
of the system of bulkheads as viewed from the water. Additionally, the project does not
contain any unique features that could degrade the visual quality of the coastal zone.
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 includes the construction of a new bulkhead to fill a gap in the existing system of
bulkheads. The proposed design of the bulkhead is consistent with the existing
neighborhood pattern of development and consistent with applicable development
standards. 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 within private property and outside of public
tidelands so as not to block or impede existing public access opportunities.
The public currently does not have access through the property to the water and the
proposed bulkhead would not interfere with any established public access routes. The
bulkhead would become part of the system of bulkheads that is essential to the operation of
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Newport Harbor, which is open to the public. Access to the water exists throughout Lido Isle
and the closest vertical access point located along Via Lido Nord approximately 500 feet
north where there is access to the water and a grassy area for the public. The project does
not include any features that would obstruct access along these routes. The property is
residentially zoned and is not suitable for aquaculture. The property is zoned for residential
uses including single-family development that currently exists on the site.
Grade Establishment
The Applicant is constructing a new bulkhead along the front (bay) property line; 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. The
surrounding properties have front yard elevations on the water of approximately 13.26
feet (NAVD88) at 929 Via Lido Soud and 13.74 to 13.92 feet (NAVD88) at 921 Via Lido
Soud. This grade differential creates design constraints and unfairly restricts the heights
of accessory structures below those of the neighboring properties.
Both adjacent properties also have bulkheads that meet the minimum elevation standards
of 10.9 feet (NAVD88) pursuant to the City of Newport Beach Waterfront Project
Guidelines and Standards, Harbor Design Criteria Commercial and Residential Facilities.
921 Via Lido Soud has an existing bulkhead that reaches a height of 13.5 feet (NAVD88)
and 929 Via Lido Soud has a bulkhead that is 13.38 feet (NAVD88) with additional wall
height reaching 16.66 feet (NAVD88).
Allowing a higher grade of 13.5 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 and other features.
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 and location of limited numbers of new, small facilities
or structures such as accessory (appurtenant structures) such as garages, patios,
swimming pools, and fences. The proposed bulkhead is an accessory structure to the
primary use of the property as a single-family residence and is therefore consistent with
this exemption.
There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would
invalidate the use of this exemption. The project location does not impact an
environmental resource of hazardous or critical concern, does not result in cumulative
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impacts, does not have a significant effect on the environment due to unusual
circumstances, does not damage scenic resources within a state scenic highway, is not
a hazardous waste site, and is not identified as a historical resource.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal Program
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. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
______________________________
Liz Westmoreland, Associate Planner
MKN/law
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Coastal Hazards Analysis and Engineering Assessment of
Need for New Bulkhead Report
ZA 4 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 APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2022-009 AND STAFF
APROVAL NO. SA2022-004 FOR A GRADE DETERMINATION TO
CONSTRUCT A NEW BULKHEAD LOCATED AT 925 VIA LIDO
SOUD (PA2022-025)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Sinclair Assciates Architects, Inc., with respect to property
located at 925 Via Lido Soud, requesting approval of a coastal development permit and
staff approval at the lot legally described as Lot 319 of Tract No. 907.
2. The applicant requests a Coastal Development Permit to construct a new bulkhead within
private property along the U.S. Bulkhead line at 925 Via Lido Soud, where there are
currently no shoreline protective devices to protect existing development on the property.
The proposed bulkhead coping would reach 8.75 feet North American Vertical Datum of
1988 (NAVD88) with a stem wall up to 13.5 feet (NAVD88) to match the height of adjacent
bulkheads on either side. All work will be performed from the landside of the U.S. Bulkhead
Line and all construction would occur from private property (i.e., the landside). The project
also includes a grade determination to establish grade for the purposes of measuring
height. The proposed grade determination would allow the subject property to construct
improvements at a height consistent with the two (2) adjacent properties.
3. The subject property is designated RS-D (Single Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1 (Single-Unit Residential)
Zoning District.
4. The subject property is 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. The proposed project is located within the City of Newport Beach Permit Jurisdiction
pursuant to the Post LCP Certification Permit and Appeal Jurisdiction Map (“Map”) and is
within the Appeal Area of the California Coastal Commission. Pursuant to the Map, the
California Coastal Commission retains jurisdiction within tidelands, submerged lands, and
lands that are subject to the public trust or were subject to the public trust at any time. The
proposed project is adjacent to, but not located within tidelands or lands that are subject to
the public trust or were subject to the public trust at any time. The proposed bulkhead is
contained entirely within private property and all construction would be conducted without
the use of mechanized equipment on the water or sand. Additionally, the project is located
outside of submerged lands, which is defined as the lands that lie below the line of mean
low tide (from California Code of Regulations Section 13577). Therefore, the project is
under the permit jurisdiction of the City of Newport Beach.
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6. A public hearing was held on June 30, 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.
2. Class 3 exempts the construction and location of limited numbers of new, small facilities
or structures such as accessory (appurtenant structures) such as garages, patios,
swimming pools, and fences. The proposed bulkhead is an accessory structure to the
primary use of the property as a single-family residence.
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. Coastal Land Use Plan Policies within Chapter 2 including 2.8.3-6, 2.8.3-5, and 2.8.6-6
are implemented through NBMC Section 21.30.030 (Natural Landform and Shoreline
Protection). The project complies with NBMC Section 21.30.030 based on the following
facts:
a. In compliance with Subsection(C)(3)(a)(i), the property developed with a single-
family residence and garage is not subject to recorded waivers of future
protection, as the existing development was issued a Coastal Development
Waiver by California Coastal Commission in 1996 (W-5-95-282), which does not
include conditions.
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b.Subsection(C)(3)(a)(ii) requires that the construction of protective structures must
be necessary to protect existing development from natural hazards and be
located entirely within private property and not within State tidelands. For the
purposes of this section, existing development is defined as a principal structure
(e.g. residential dwelling, required garage, etc.). The proposed bulkhead is
intended to protect the existing single-family residence and garage on-site as well
as existing surrounding development including 921 and 929 Via Lido Soud. A
Coastal Hazards Analysis and Engineering Assessment of Need for New
Bulkhead Report was prepared for the project by Geosoils, Inc. dated March 11,
2022. The report included a summary of the damage observed to the residential
structures at and adjacent to the subject site. The report concludes that without
a bulkhead at 925 Via Lido Soud (subject property), foundation displacement will
eventually damage the structures to the point of foundation failure. Therefore, the
proposed bulkhead is necessary to protect existing development from natural
hazards.
c.Subsection(C)(3)(b) limits the enlargement and expansion of land areas related
to the establishment of shoreline protective structures and prohibits the creation
of new useable land areas. All of the land on the subject property is considered
usable. As shown on the topographical survey prepared for the property,
elevations within the front yard setback (along the water) vary from 10.38 to 12.45
feet (NAVD88), which is typical for new development in the coastal areas of the
City. Any future design of a structure using fill would not create new useable land
areas.
d.Subsection(C)(3)(c) promotes the use of non-structural methods to protect
structures, when feasible. Within the Newport Beach harbor, non-structural
methods are not employed to protect the residential islands. Non-structural
methods in this area are not feasible and cannot be carried out successfully,
which is demonstrated by the universal use of bulkheads to maintain a system of
harbor bulkheads.
e.Subsection (C)(3)(d) contains several provisions related to the design and siting
of protective structures such as bulkheads. The proposed bulkhead is located as
far landward as possible to align with the neighboring bulkheads and fill a gap in
the system of bulkheads. The bulkhead would not impact coastal resources (refer
to Finding 2) nor access to recreational areas or State tidelands. There are no
tidelands adjacent to the site and only a small area of sand off-site that does not
connect with any recreational areas or public beaches in the vicinity. The
bulkhead would not impact alteration of natural shoreline process, other than
reducing the amount of erosion of soils on private property during high tide
events. The bulkhead would reach an elevation of 13.5 feet (NAVD88) which is
in line with adjacent bulkheads, reducing any visual impacts. Lastly, the bulkhead
is a standard 8 inches wide consistent with the footprint of bulkheads in the City.
2.The harbor has been physically altered for more than 100 years to assure the public
purpose of maintaining a navigable harbor and protecting the shoreline from erosion.
The proposed bulkhead would link the existing bulkheads at 921 and 929 Via Lido Soud.
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The proposed bulkhead would fill in a gap in an otherwise continuous bulkhead system
that surrounds most of Lido Isle that is not subject to a recorded waiver at this time.
3. The proposed bulkhead is not located within wetlands as defined in NBMC Section 21.
70 (Definitions). Wetlands require the presence of at least one (1)characteristic of either
(i) land that supports hydrophytes, (ii) undrained hydric soil, or (iii) non-soil substrate
covered by water part of the year. The sane soil that surrounds Lido Isle and descends
into Newport Harbor is sand that is covered and uncovered by the tides but supports no
plants, does not exhibit undrained hydric soil, and is not a non-soil substrate. Thus, the
subject location does not contain wetlands.
4. The neighborhood is predominantly developed with residential uses that are protected
by existing bulkheads. The proposed design of the bulkhead is consistent with the
existing neighborhood pattern of development along the bay.
5. A Coastal Hazards Analysis and Engineering Assessment of Need for New Bulkhead
Report was prepared by Geosoils, Inc. dated March 11, 2022, for the project. The report
describes the property’s shoreline as an intertidal beach. However, there is no beach
above the highest tide. During a very low tide event some wet sand is exposed. The
shoreline is generally at the bulkhead line as extended form the adjacent properties. As
sea level rises, the shoreline will remain at the bulkhead. The current maximum bay
water elevation is 7.7 (NAVD88). The report analyzes future sea level rise scenarios
assuming a 3.2-foot increase in the maximum water level (year 2100) over the next 75
years (i.e. the life of the structure). Therefore, the sea level is estimated to reach
approximately 10.9 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). Without the proposed
bulkhead, the rising sea levels will continue to distress the existing and neighboring
properties and ultimately public facilities such as roads and utilities. Refer to Fact 1(b)
above.
6. 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 (NAVD88) with a
design for adaptability elevation of 14.4 feet (NAVD88). The bulkhead is proposed at an
elevation of 13.5 feet (NAVD88) and is designed to be able to accommodate an
elevation of 14.4 feet (NAVD88) if needed in the future.
7. 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
8. 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,
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consistent with NBMC Section 21.30.015(D)(3)(c) – (General Site Planning and
Development Standards - Waterfront Development). This requirement is included as a
condition of approval that will need to be satisfied prior to the issuance of building permits,
respectively.
9. The proposed project is requesting a grade determination to establish grade for the front
yard for the purpose of measuring new structures. With approval of the grade
determination under Findings C and D, the proposed bulkhead would comply with all
development standards such as maximum height of accessory structures (NBMC
Section 21.30.040 Fences, Hedges, Walls, and Retaining Walls).
10. 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.
11. The property is located adjacent to coastal waters. A Construction Erosion Control Plan
was provided to implement temporary Best Management Practices (BMPs) during
construction to minimize erosion and sedimentation and to minimize pollution of runoff and
coastal waters derived by construction chemicals and materials. The project design also
addresses water quality through the inclusion of a post-construction drainage system that
includes drainage and percolation features designed to retain dry weather and minor rain
event runoff on-site. Any water not retained on-site is directed to the City’s storm drain
system.
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 in Marina Park and is not visible from the site. The site is located on the bay,
which provides views to boaters of Lido Isle. As currently developed, the existing property
and other residences along Via Lido Soud are located within the view shed of the Bay.
However, the proposed bulkhead complies with all applicable Local Coastal Program
(LCP) development standards and maintains a profile consistent with the existing
neighborhood pattern of development along the Bay. The subject property and adjacent
properties also include residential piers which partially obstruct views of the system of
bulkheads as viewed from the water. Additionally, the project does not contain any unique
features that could degrade the visual quality of the coastal zone.
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Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
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 includes the construction of a new bulkhead to fill a gap in the existing
system of bulkheads. 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 within private property and
outside of public tidelands so as not to block or impede existing public access
opportunities.
2. The public currently does not have access through the property to the water and the
proposed bulkhead would not interfere with any established or planned public access
routes. The bulkhead would become part of the system of bulkheads that is essential to
the operation of Newport Harbor. Access to the water exists throughout Lido Isle and the
closest vertical access point located along Via Lido Nord approximately 500 feet north
where there is access to the water and a grassy area for the public. The project does not
include any features that would obstruct access along these routes. The property is not
suitable for aquaculture and is zoned for residential uses including single-family
development that currently exists on the site.
3. There is an existing glass fence that was likely inadvertently constructed within public
property and would be removed as part of the proposed project.
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. In this
case, the proposed bulkhead requires a coastal development permit, and the Zoning
Administrator will review the grade determination findings for purposes of measuring height for
improvements on the site.
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Finding:
C. 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 constructing a new bulkhead along the front (bay) property line;
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.
The two (2) adjacent properties are previously altered with bulkheads. This grade
differential creates design constraints and unfairly restricts the heights of accessory
structures below those of the neighboring properties. The surrounding properties have
front yard elevations on the water of approximately 13.26 feet (NAVD88) at 929 Via Lido
Soud and 13.74 to 13.92 feet (NAVD88) at 921 Via Lido Soud. An established grade of
13.5 feet (NAVD88) would be consistent with surrounding properties.
2. The building pad area is generally level and similar to adjacent properties, however,
unlike adjacent properties the front of subject site gradually slopes to the water. The
subject property is currently developed with a fence and a few stairs within the front yard
setback along the waterfront. The existing residence along Via Lido Soud is at a similar
grade elevation as the neighboring properties, approximately 13.42 to 14.16 feet
(NAVD88). Near the patio of the single-family residence, the grade is approximately
13.95 and gradually slopes to as low as 9.21 feet along the waterfront property line near
the wood steps leading to the pier.
3. Both adjacent properties also have bulkheads that meet the minimum elevation
standards of 10.9 feet (NAVD88) pursuant to the City of Newport Beach Waterfront
Project Guidelines and Standards, Harbor Design Criteria Commercial & Residential
Facilities. 921 Via Lido Soud has an existing bulkhead that reaches a height of 13.5 feet
(NAVD88) and 929 Via Lido Soud has a bulkhead that is 13.38 feet (NAVD88) with
additional wall height reaching 16.66. The proposed bulkhead would provide adequate
protection for existing development and allow for comparable measurement of height for
improvements.
Finding:
D. 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 13.5 feet (NAVD88), which is an average elevation between
the adjacent property’s front yards along the waterfront (13.26 feet and 13.74 feet
(NAVD88), respectively), would provide the property with a grade elevation that is
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compatible with those of the neighboring properties and equitable for the purposes of
measuring heights of accessory structures and other features.
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.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2022-009 and Staff Approval No. SA2022-004, 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 30TH DAY OF JUNE, 2022.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning
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 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.
3. Prior to the issuance of building permits, the bulkhead shall be designed and engineered
for the top of stem wall at 13.5 feet (NAVD88) and engineered to be adaptable to an
elevation of 14.4 feet (NAVD88).
4. Improvements landward of the face of the bulkhead on the subject property shall be
measured from established grade at 13.5 feet (NAVD88).
5. 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).
6. 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.
7. This Coastal Development Permit does not authorize any development seaward of the
private property.
8. At such time as directed by the City or the California Coastal Commission, the applicant
shall agree to and cooperate with both agencies for: 1) the removal of any unpermitted
development (i.e. existing glass fence) located seaward of the property and within the
prolongation of the side property lines of the subject property, and 2) the restoration of
the affected area consistent with a restoration plan approved by the City and Coastal
Commission. Prior to the issuance of final building permits, the existing glass fence on
public property shall be removed.
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
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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 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.
11.All construction activities shall occur within private property and the use of mechanized
equipment is prohibited within the Bay and public property.
12.The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds pursuant to MBTA:
A.The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B.It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one (1) or two (2) short follow-up surveys will be necessary to check on the nest
and determine when the nest is no longer active.
13.Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
14.The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
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15. 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.
16. 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.
17. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
18. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
19. 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.
20. 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.
21. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday.
Noise-generating construction activities are not allowed on Saturdays, Sundays or
Holidays.
22. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 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
23. 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.
24. Should the property be sold or otherwise come under different ownership, any future
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owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
25. This Coastal Development Permit No. CD2022-009 and Staff Approval No. SA2022-004 shall
expire unless exercised within 24 months from the date of approval as specified in Section
20.54.060 and Section 21.54.060 (Time Limits and Extensions) of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
26. 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 925 Via Lido Soud, LLC. Bulkhead including, but not limited to, Coastal
Development Permit No. CD2022-009 and Staff Approval No. SA2022-004 (PA2022-
025). 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.
Grading
27. 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.
28. 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.
29. Prior to the issuance of building permits, temporary shoring or temporary excavation details
shall be provided with adequate temporary excavation stability. Temporary shoring may
be required for dead-men excavation.
Building
30. Prior to the issuance of building permits, a geotechnical report shall be submitted to the
building division for the new seawall/bulkhead structure.
31. The new bulkhead/seawall shall be designed and constructed in accordance with the “City
of Newport Beach Waterfront Project Guidelines and Standards – Harbor Design Criteria
Commercial & recreational Facilities”.
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Attachment No. ZA 2
Vicinity Map
22
VICINITY MAP
Coastal Development Permit No. CD2022-009 and
Staff Approval No. SA2022-004
(PA2022-025)
925 Via Lido Soud
Subject Property
Subject Property
23
Attachment No. ZA 3
Coastal Hazards Analysis and Engineering Assessment of
Need for New Bulkhead Report
24
Geotechnical C Geologic C Coastal C Environmental
5741 Palmer Way C Carlsbad, California 92010 C (760) 438-3155 C FAX (760) 931-0915 C www.geosoilsinc.com
March 11, 2022 WO S8275
Robert D. Olson
RD Olson Development
520 Newport Center Drive, Suite 600
Newport Beach, CA 92660
SUBJECT: Coastal Hazard Analysis and Engineering Assessment of Need for a New
Bulkhead at 925 Via Lido Soud, Newport Beach, CA.
Dear Mr. Olson:
In accordance with your request and authorization, GeoSoils, Inc. (GSI) is pleased to
provide this discussion regarding the coastal hazards, including the impact of future sea
level rise (SLR), at 925 Via Lido Soud and a summary of the damage observed to the
residential structures at and adjacent to the subject site in support of a new bulkhead. The
purpose of this report is to provide the project hazard and bulkhead justification information
for your permit application typically requested by the City of Newport Beach and the
California Coastal Commission (CCC). Our scope of work includes a review of the State
of California Sea-Level Rise (SLR) Policy Guidance document (March 2018), a review of
City of Newport Beach Municipal Code (NBMC) 21.30.15.E.2, a review of the proposed
bulkhead plans, a site inspection, damage to the adjacent residences and other
improvements, evaluation of the need for a bulkhead at the site to protect existing
structures from erosion, and preparation of this letter report.
INTRODUCTION & SITE INSPECTION
The subject site is located on the southeast corner of Lido Isle, in Newport Beach. The site
is developed with a single family residence. There is no bulkhead fronting the site, which
creates a gap in the almost continuous bulkheads fronting all the other properties in this
area of Lido Isle. Figure 1 shows a Bird’s Eye View of the site and adjacent properties
downloaded from the internet. The site inspection was performed by the undersigned on
January 12, 2022. The site inspection included observations of conditions along the back
shoreline at the site, and conditions of the foundations and flat work on the adjacent
properties 921 Via Lido Soud and 929 Via Lido Soud.
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2
Figure 1. Subject site, 925 Via Lido Sound and adjacent properties.
As noted above, Lido Island is generally protected by a seawall/bulkhead around its
perimeter. Unlike the other 7 islands in Newport Harbor (Balboa, Little Balboa, Collins,
Harbor, Bay, Linda, and Newport Islands) Lido Island bulkheads were not installed as a
single continuous bulkhead. Rather, each property owner erected its own bulkhead
subsequent to the subdivision of Lido Isle in the 1920’s. Generally, the bulkheads followed
the Federally designated “bulkhead line”.
INSPECTION OBSERVATIONS
929 Via Lido Soud
The property line wall between the site and 929 Via Lido Soud is, for the most part,
obscured by landscaping hedges. However, the bayward ~10 feet of the wall was
experiencing water damage (staining and finish bubbling) from bay waters coming thru the
gap in the shore protection. The saturation of the site soils due to bay water intrusion
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3
weakens the sandy soils adjacent to the wall and the 929 Via Lido Soud residence
foundation. Saturation is most prevalent in the periodic inundation of the sandy subsoils
beneath the foundation at and during peak tides. The frequency and duration of such peak
tides have increased over the past 100 years and can be expected to increase further in
the future. The 929 Via Lido Soud residence has a basement, which was inspected. The
corner of the residence foundation wall directly adjacent to the site and nearest the bay
showed signs of ongoing distress. The foundation wall was cracked and the crack
geometry was such that it appears that the corner is settling towards the bay and slightly
towards the property. Figure 2 shows the crack directly in the residence foundation. The
settlement is likely caused by lateral spreading of the site soils away from the foundation
and towards the bay when they are periodically inundated by the bay waters.
Figure 2. Foundation cracks at 929 Via Lido Soud due to soil movement.
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4
921 Via Lido Soud
The residence at 921 Via Lido Soud is showing signs of foundation displacement shown
in the patio settlement at the shared property line with the site. Like on 929 Via Lido Soud,
lateral spreading of the soils adjacent to the foundation and the patio. This result in
settlement of the residence and settlement of the patio along with distressed (offset cracks)
flat work. Figure 3 shows the foundation of 921 Via Lido Soud has settled about ½ inch
as a result of the sandy soils on the site moving away from the foundation and towards the
bay. As noted above, the frequency and duration of this adverse soil saturation is project
to increase in the future.
Figure 3. Settlement of the foundation closest to the site property line and the bay. Note
the cracked and displaced tiles(flat work) in the fore ground.
The return wall from the 921 Via Lido Soud bulkhead, along the site shared property line,
is just a retaining wall with a traditional wall footing (not deepened). It is not designed like
a bulkhead, which extends down several feet. The saturation of the site soils by bay
water, and the lateral spreading of the soils adjacent to the return wall has resulted in the
distress to both the patio flat work (differential cracks) and rotation of the return wall
towards the site. Figure 4 shows this distress observed during the site inspection.
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5
Figure 4. Bulkhead return wall at 921 Via Lido Soud rotation and damage in the form of
settlement and cracking of the patio behind the bulkhead and adjacent to the return.
925 Via Lido Soud
The intrusion of the bay waters onto the site has resulted in a bayward movement of sand.
The soils next to the foundation of the adjacent residences become saturated and spread
laterally away for the foundation due to the foundation loading. The innundation is
evidence by the landscaping that was died from salt water. The sand on the site has
moved bayward as shown in Figure 5. Over the 90+ years since the subdivision of Lido
Isle for residential purposes, sea level rise has increased the duration and frequency of the
soil saturation events, which lead to damage to the structures at 921, 925 and 929 Via Lido
Soud. The Coastal Commission Sea Level Rise Guidance advises that this sea level rise
will accelerate in the future, further increasing the duration and frequency of soil saturation.
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6
Without a bulkhead at 925 Via Lido Soud, foundation displacement as described above will
further damage the structures eventually to the point of foundation failure.
Figure 5. Photograph showing the damaged areas at 921 Via Lido Sound and the site.
HAZARD ANALYSIS
There are three different potential shoreline hazards identified at this site: shoreline
movement/erosion, waves and wave runup, and flooding. For ease of review, each of
these hazards will be analyzed and discussed separately, followed by a summary of the
analysis including conclusions and recommendations, as necessary.
Shoreline Erosion Hazard
The is an intertidal beach at the site. However, there is no beach above the highest tide.
During an very low tide some wet sand is exposed (Figure 5). Due to the fact that the site
is on a channel on the south side of Lido Island, the shoreline is located essentially at the
bulkhead line as extend from the adjacent properties. The proposed project is to install a
new bulkhead at the site. As sea level rises the shoreline will remain at the bulkhead. The
proposed bulkhead meets the current City requirements with regards to the top of bulkhead
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7
elevation and the ability to adapt to SLR. The bulkhead height can be increased without
any bayward encroachment. The proposed bulkhead is designed such that shoreline
erosion will not impact the site and the adjacent properties over the life of the development.
Current Flooding Hazard
The National Oceanographic and Atmospheric (NOAA) National Ocean Survey tidal data
station closest to the site with a long tidal record (Everest International Consultants Inc.
(EICI), 2011) is located at Los Angeles Harbor (Station 94106600). The tidal datum
elevations are as follows:
Mean High Water 4.55 feet
Mean Tide Level (MSL) 2.62 feet
Mean Low Water 0.74 feet
NAVD88 0.0 feet
Mean Lower Low Water -0.2 feet
During storm conditions, the sea surface rises along the shoreline (super-elevation) and
allows waves to break closer to the shoreline and runup on the beach. Super-elevation of
the sea surface can be accounted for by: wave set-up, wind set-up and inverse barometer,
wave group effects and El Niño sea level effects. The historical highest ocean water
elevation at the Los Angeles Harbor Tide station is +7.72 feet NAVD88 on January 10,
2005. In addition, EICI reported that the elevation of 7.71 feet NAVD88 is the 1% water
elevation. For this analysis the historical highest water elevation will be +7.7 feet
NAVD88.
Future Tide Levels Due to Sea Level Rise
The November 2018 California Coastal Commission (CCC) SLR Guidance Update
document recommends that a project designer determine the range of SLR using the “best
available science.” The California Ocean Protection Council (COPC) adopted an update
to the State’s Sea-Level Rise Guidance in March 2018 which the CCC has adopted in
November 2018. These estimates are based upon a 2014 report entitled “Probabilistic
21st and 22nd century sea-level projections at a global network of tide-gauge sites” (Kopp
el at, 2014). This update included SLR estimates and probabilities for Los Angeles Harbor,
the closest SLR estimates to Newport Bay. The report provides SLR estimates based
upon various carbon emission scenarios known as a “representative concentration
pathway” or RCP. Figure 6 provides the March 2018 COPC data (from the Kopp et al 2014
report) with the latest SLR adopted estimates (in feet) and the probabilities of those
estimate to meet or exceed the 1991-2009 mean.
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8
Figure 6. Table from Kopp et al (2014) and COPC 2018, providing current SLR estimates
and probabilities for the Los Angeles Harbor tide station.
The CCC SLR Guidance (CCCSLRG) is based upon the California Ocean Protection
Council (COPC) update to the State’s Sea-Level Rise Guidance in March 2018. These
COPC estimates are based upon a 2014 report by Kopp, et al., 2014. The Kopp et al.
paper used 2009 to 2012 SLR modeling by climate scientists for the probability analysis,
which means the “best available science” used by the CCC is about 10 years old. The
SLR models used as the basis for the COPC and CCCSLRG have been in place for over
a couple decades. The accuracy of any model can be determined by comparing the
measured SLR (real data) to the model predicted SLR (model prediction). If the model
cannot predict, with any accuracy, what will happen in the past, it is very unlikely that the
model will increase in accuracy when predicting SLR over the next 75 years. Simply put,
if the model is not accurate now, it will be even less accurate in the future.
The National Oceanic and Atmospheric Administration (NOAA) has been measuring SLR
globally and at Los Angeles Harbor. The NOAA Los Angeles Harbor SLR rate is 1.03
mm/yr. The rate can be used to calculate a sea level rise of 30.9 mm (0.1 ft) over the last
22 years and next 8 years (Jan 2000 to Jan 2030), a period of 30 years. NOAA also
provides the latest SLR model curves and tables for the Los Angeles Harbor NOAA
Station. Figure 7 provides the SLR model curves and tables for Los Angeles Harbor.
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Figure 7. Taken from the USACOE SLR curve calculator program.
Looking at the table in Figure 7, the SLR base value in the year 2000 is 2.70 feet. Adding
0.1 feet to the base SLR value yields the value 2.8 for the year 2030. The model that most
closely predicts the currently measured SLR is the NOAA 2017 Low Model. This NOAA
model predicts about 1.5 feet of SLR in the year 2100. Examining Figure 6 for the year
2030 and 0.1 feet of SLR, the closest probability category is the lower limits of the “Likely
Range.”
The CCCSLRG document recommends that a project designer determine the range of
SLR using the “best available science.” The information provided above is more current
than the CCCSLRG. The checking of the models provides the “best available science” for
SLR prediction and is required to be used. Currently, the SLR model that the CCC is
“requiring” to be used for development is incorrect by a factor of about 4 as to the amount
of the SLR in Los Angeles.
Figure 6 illustrates that SLR in the year 2100 for the Likely Range, and considering the
most onerous RCP (8.5), is 1.3 feet to 3.2 feet above the 1991-2009 mean. In addition,
based upon this 2018 COPC SLR report, the 5% probability SLR for the project is
estimated to be less than 4.1 feet and a 0.5% probability that SLR will be between 5 feet
and 6 feet in the year 2097. This 0.5% SLR is based upon the interpolation of the low
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estimates and the high estimates for 2090 and 2100, recognizing that the interpolation is
exponential and not linear( (4.5 + 5.4)/2 = ~5 and (5.3 + 6.7)/2 = ~6 feet)). The design
historical water elevation for Newport Bay is elevation +7.7 feet NAVD88. This actual high
water record period includes the 1982-83 severe El Niño, and the 1997 El Niño events, and
is therefore consistent with the methodology outlined in the CCCSLRG document.
The “likely” sea level rise range for the proposed project is 1.3 feet to 3.2 feet with a lower
probability (~5%) of SLR of about 4.0 feet. This SLR range would account for future
extreme bay water levels in the range of 9 feet NAVD88 (7.7 feet NAVD88 + 1.3 feet SLR)
and 10.9 feet NAVD88 (7.7 feet NAVD88 + 3.2 feet SLR). There is a 0.5% probability that
bay water will meet or exceed 13.7 feet NAVD88 (7.7 feet NAVD88 + 6 feet SLR). The top
of the proposed bulkhead is at elevation 13.13 feet NAVD88. As stated before, the
present maximum historical water elevation at the site, including El Niño effects, is ~+7.7
feet NAVD88. Based upon the initial elevation of the bulkhead (+13.13 feet NAVD88), the
extreme Lower Newport Bay water level will exceed the height of the bulkhead when SLR
is 5.4 feet or greater. For the likely COPC SLR estimate range (high emissions) the
bulkhead is safe from overtopping beyond the year 2110. For SLR greater than 5.4 feet
the height of the bulkhead will need to be increased. For the 0.5% probability SLR case
this may occur after the year 2090. It should be noted that, if the bay water is higher than
the bulkhead, flooding will not occur constantly but rather only a few times a month, at the
full moon and new moon, for a period of about 1 hour.
The City of Newport Beach has recognized that in the future there will be a need to raise
the elevation of the boardwalks and bulkheads around the Newport Bay. The City of
Newport Beach Building Department (CNBBD) has a standard drawing, and a regional plan
for rehabilitating and raising the bulkheads. Flooding from the bay and from the beach will
result in flooding of the public roads in the Newport Beach area. Recent action by the City
Council has raised the minimum bulkhead elevation for new development to be 10.9 feet
NAVD88. In addition, the updated Waterfront Project Design Guidelines and Standards
require that the bulkhead can be design to accommodate an increase in height to +14.4
feet NAVD88. Based upon our visual inspection and review of the bulkhead plans, the
existing bulkhead system is capable of being extended in height to a least +14.4 feet
NAVD88.
Waves and Wave Runup
The potential surface gravity waves (ocean swell) to arrive at this site is nil. Boat wakes
and wind waves are the only possible waves that can reach the bulkhead fronting the site.
Wave runup and overtopping of the proposed bulkhead at the site is calculated using the
USACOE Automated Coastal Engineering System, ACES. ACES is an interactive
computer-based design and analysis system in the field of coastal engineering. The
methods to calculate wave runup and shore protection overtopping implemented within this
ACES application are discussed in greater detail in the 2004 Coastal Engineering Manual.
A 0.75-foot high wave was used in the ACES wave runup and overtopping analysis with
a current maximum historical water level of +7.7 feet NAVD88 (no SLR) and the base of
the proposed bulkhead at 0.5 feet NAVD88. This combination of wave and water level
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represents an approximate 100-year recurrence interval oceanographic condition under
current sea level. Table I below is the computed output from the ACES program for the
wave runup analysis.
TABLE I
The calculated maximum wave runup under the current 100-year recurrence interval
conditions is just about 0.8 feet above the historical 100-year water level, or about 8.5 feet
NAVD88. This is currently well below the elevation of the proposed shore protection
(+13.13 feet NAVD88). In the future, with more than 4.7 feet of SLR, boat wakes during
the highest high tides may overtop the shore protection. As shown in the plans, the shore
protection can be increased in height without any bayward encroachment. This is a SLR
adaptation strategy as recommended in the CCCSLRG document.
Tsunami
Tsunami are waves generated by submarine earthquakes, landslides, or volcanic action.
Lander, et al. (1993) discusses the frequency and magnitude of recorded or observed
tsunami in the southern California area. James Houston (1980) predicts a tsunami of less
than 5 feet for a 500-year recurrence interval for this area. Legg, et al. (2002) examined
the potential tsunami wave runup in southern California. While this study is not specific to
the site, it provides a first order analysis for the area. The Legg, et al. (2002) report
determined a maximum open ocean tsunami height of less than 2 meters. The maximum
tsunami runup in the Newport Beach open coast area is less than 1 meters in height. Any
wave, including a tsunami, that approaches the site in will be refracted, modified, and
reduced in height by the Newport jetties, and as it travels into the bay. Due to the
infrequent nature and the relatively low 500-year recurrence interval tsunami wave height,
and the elevation of the proposed improvements, the site is reasonably safe from tsunami
hazards.
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It should be noted that the site is mapped within the limits of the California Office of
Emergency Services tsunami innundation map, Newport Beach Quadrangle (State of
California, 2011). The tsunami inundation maps are very specific as to their use. Their use
is for evacuation planning only. The limitation on the use of the maps is clearly stated in
the PURPOSE OF THIS MAP on every quadrangle of California coastline. In addition, the
following paragraph is taken from the CalOES Local Planning Guidance on Tsunami
Response concerning the use of the tsunami inundation maps.
Inundation projections and resulting planning maps are to be used for emergency
planning purposes only. They are not based on a specific earthquake and tsunami.
Areas actually inundated by a specific tsunami can vary from those predicted. The
inundation maps are not a prediction of the performance, in an earthquake or
tsunami, of any structure within or outside of the projected inundation area.
The City of Newport Beach and County of Orange have clearly marked tsunami evacuation
routes for the entire Newport Beach/Bay area.
CITY OF NEWPORT BEACH INFORMATION
Coastal Hazards Report (NBMC 21.30.15.E.2):
i. A statement of the preparer’s qualifications;
Mr. Skelly is Vice President and Principal Engineer for GeoSoils, Inc. (GSI). He has
worked with GSI for several decades on numerous land development projects
throughout California. Mr. Skelly has over 45 years experience in coastal
engineering. Prior to joining the GSI team, he worked as a research engineer at the
Center for Coastal Studies at Scripps Institution of Oceanography for 17 years.
During his tenure at Scripps, Mr. Skelly worked on coastal erosion problems
throughout the world. He has written numerous technical reports and published
papers on these projects. He was a co-author of a major Coast of California Storm
and Tidal Wave Study report. He has extensive experience with coastal processes
in southern California. Mr. Skelly also performs wave shoring and uprush analysis
for coastal development, and analyzes coastal processes, wave forces, water
elevation, longshore transport of sand, and coastal erosion.
ii. Identification of coastal hazards affecting the site;
As stated in this hazard analysis, the typical coastal hazards to consider
are shoreline erosion, flooding, and wave/wake impacts. There is no beach above
the highest water fronting the site. Boat wakes and wind waves are too small, even
with sea level rise (SLR), to overtop the proposed bulkhead. There is no potential
coastal hazard of flooding provided adaptation strategies such as increasing the
height of the bulkhead are implemented, if required in the future.
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iii. An analysis of the following conditions:
1. A seasonally eroded beach combined with long-term (75 year)
erosion factoring in sea level rise;
There is no beach fronting the site.
2. High tide conditions, combined with long-term (75 year) projections
for sea level rise;
Using the likely CCC SLR estimate over the project 75-year design life, the
SLR in the year ~2097 is 3.2 feet. There is a 0.5% probability that SLR could
be 6 feet in the next 75 years. This is the design sea level rise range (3.2 feet
to 6 feet) for the proposed project. This SLR would account for future
extreme bay water level of 10.9 feet NAVD88 to 13.7 feet NAVD88.
3. Storm waves from a one hundred year event or storm that compares
to the 1982/83 El Nino event;
No ocean waves can reach the site. The analysis herein shows that boat
wakes and wind waves will not impact the project.
4. An analysis of bluff stability; a quantitative slope stability analysis
that shows either that the bluff currently possesses a factor of safety
against sliding of all least 1.5 under static conditions, and 1.1 under
seismic (pseudostatic conditions); or the distance from the bluff edge
needed to achieve these factors of safety; and
There is no bluff fronting the site. This condition does not occur at the site.
5. Demonstration that development will be sited such that it maintains
a factor of safety against sliding of at least 1.5 under static conditions
and 1.1 under seismic (pseudostatic) conditions for its economic life
(generally 75 years). This generally means that that setback necessary
to achieve a factor of safety of 1.5 (static) and 1.1 (pseudostatic) today
must be added to the expected amount of bluff erosion over the
economic life of the development (generally 75 years);
There is no bluff fronting the site. There is no potential for sliding. This
condition does not occur at the site.
iv. On sites with an existing bulkhead, a determination as to whether the
existing bulkhead can be removed and/or the existing or a replacement
bulkhead is required to protect existing principal structures and adjacent
development or public facilities on the site or in the surrounding areas; and
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There is no existing bulkhead. The proposed bulkhead is necessary to
protect the existing structure, the adjacent structures (921 & 929 Via Lido
Soud), and the public facilities and infrastructure.
v. Identification of necessary mitigation measures to address current
hazardous conditions such as siting development away from hazardous areas
and elevating the finished floor of structures to be at or above the base floor
elevation including measures that may be required in the future to address
increased erosion and flooding due to sea level rise such as waterproofing,
flood shields, watertight doors, moveable floodwalls, partitions, water-
resistive sealant devices, sandbagging and other similar flood-proofing
techniques.
The project is safe from the coastal hazard of flooding by the proposed initial
elevation of the top of the bulkhead (13.13 feet NAVD88). To further adapt
to SLR, the shore protection can be increased in height to above +14.4 feet
NAVD88, in the future. It is important to point out that SLR will not impact this
property alone. It will impact all of the Newport Bay low lying areas. The
public streets throughout the Newport Beach coastal area, including Balboa
Island and the Balboa Peninsula, will flood with lower SLR well before the
residence floods. It is very likely that the community will soon adopt some
of the SLR adaptation strategies that are currently being considered by the
City of Newport Beach. These strategies involve raising, or adding/replacing
the bulkheads, beaches and walkways that surround the bay, and
waterproofing. These are a site specific adaptation strategies.
ADDITIONAL INFORMATION
The majority of Lido Isle is protected by private bulkheads. In the site area all of the
residences are protected by bulkheads with the exception of the site. Other areas without
a bulkhead proper are protected by retaining walls that exclude the bay waters. These
areas include behind the public boardwalk on the north west side of the island and some
street ends. These bulkheads and walls are essentially to prevent flooding of the island
during King Tides. The City of Newport Beach produced a Public Trust Lands Sea Level
Rise Vulnerability Assessment in 2019. Currently, the City is working on increasing the
height of the city owned seawall around Balboa Island. Balboa Island street and residence
elevations are a few feet lower than Lido Isle streets and residences. While the City may
incorporate other sea level rise (SLR) adaptation strategies such as planned retreat and
beach nourishment for other parts of the community, it appears that at this time the City
is using the “hold the line” SLR adaptation strategy for the island communities. This
makes sense for the 8 island communities within Newport Bay. On Lido Isle the bulkheads
are privately owned so increasing them in height to adapt to SLR will not involve public
money. The installation of a bulkhead/seawall at the site, paid by the property owner, is
consistent with the overall City SLR resiliency efforts at this time.
The site does not have a bulkhead. City policy encourages installation, maintenance and
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improvement of bulkheads to protect structures. (See, City LUP Policy 2.8.6-5) Filling
existing gaps in Lido Island bulkheads is essential to the protection of the residential
structures and the public infrastructure (streets, utilities, storm drains) which have been
constructed over the past 100 years.
One of the important aspects of construction of a bulkhead at the subject site is that the
work can be performed entirely from the private property. The work would take place well
above the Mean High Tide. No equipment will need to be on public lands. The proposed
new bulkhead is a “deadman” restrained pile design with a concrete cap top than can be
adapted to SLR. The seawall is designed to protect the low lying portions of Lido Ilse
behind it including public roads and infrastructure (utilities).
CONCLUSIONS
A new bulkhead/seawall is needed at the subject site to stop the ongoing and increasing
distress to the adjacent residence foundations and other improvements (deck and patio).
The damage to these adjacent residences is from lateral spreading of unconfined soils on
the subject site. The proposed bulkhead is necessary to protect these existing structures
threatened by natural hazards and is in alignment with the bulkheads on the adjacent
properties. A new bulkhead will confine the site soils and stop the progression of the
damage to the residence foundations. A new bulkhead will provide protection of Lido Isle
in consideration of SLR and is consistent with the SLR adaptation strategy for Newport Bay
island communities. Finally, the construction of the bulkhead will be entirely on and
accomplished from private property. Based upon our review of the proposed plans the
bulkhead meets the current requirements for new bulkheads in the City of Newport Beach.
We appreciate this opportunity to be of service. Should you have any questions, please
do not hesitate to contact the undersigned at (760) 438-3155.
Respectfully submitted,
GeoSoils, Inc.
David W. Skelly MS
RCE#47857
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REFERENCES
Everest International Consultants, Inc., 2011, Assessment of seawall structure integrity and
potential for seawall over-topping for Balboa Island and Little Balboa Island, main report,
No Project No., dated April 21.
FEMA Website, 2022 https://msc.fema.gov/portal/home
Kopp, Robert E., Radley M. Horton Christopher M. Little Jerry X. Mitrovica Michael
Oppenheimer D. J. Rasmussen Benjamin H. Strauss Claudia Tebaldi Radley M. Horton
Christopher M. Little Jerry X. Mitrovica Michael Oppenheimer D. J. Rasmussen Benjamin
H. Strauss Claudia Tebaldi “Probabilistic 21st and 22nd century sea-level projections at
a global network of tide-gauge sites” First published: 13 June 2014
Newport Beach, “Waterfront Project Guidelines and Standards, Harbor Design Criteria
Commercial & Residential Facilities,” March 23, 2021.
NOAA, 2022, Web Site, Maps http://anchor.ncd.noaa.gov/states/ca.htm Tidal Datums
http://www.opsd.nos.noaa.gov/cgi-bin/websql/ftp/query_new.pl
State of California, County of Orange, 2011, “Updated Tsunami Inundation Map for
Emergency Planning, Newport Beach Quadrangle,” 1:24,000 scale.
State of California Sea Level Rise Guidance 2018 Update, by Ocean Protection Council,
dated in March 2018.
40
Attachment No. ZA 4
Project Plans
41
42
43
44
45
46
47
48
June 30, 2022, Zoning Administrator Agenda Item 2 Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item 2. 925 Via Lido Soud, LLC Bulkhead Coastal Development Permit
No. CD2022-009 and Staff Approval No. SA2022-004 (PA2022-025)
Handwritten page 10, Section 1.1: “An application was filed by Sinclair Assciates Associates
Architects, Inc.,…” [?]
Handwritten page 10, Section 1.2: “The applicant requests a Coastal Development Permit to
construct a new bulkhead within private property along the U.S. Bulkhead line at 925 Via Lido
Soud, where there are currently no shoreline protective devices to protect existing development
on the property.”
Comment: I see no evidence the existing structure on the property is in need of protection. The
topographic survey on handwritten page 46 indicates the it is built on a grade that is already at
13.8 feet elevation, which is higher than the top of the proposed bulkhead.
Handwritten page 10, Section 1.2: “The proposed bulkhead coping would reach 8.75 feet North
American Vertical Datum of 1988 (NAVD88) with a stem wall up to 13.5 feet (NAVD88) to match
the height of adjacent bulkheads on either side.”
Comment: I have trouble visualizing what this is attempting to describe, mostly because I don’t
understand the use of the term “stem wall” – something I gather usually refers to a wall to which
further (and taller) vertical structures are attached. I see the term used on handwritten page 45,
but it doesn’t look like it is intended for anything further to be bolted to it. Is it regarded as a
functional part of the bulkhead?
Handwritten page 10, Section 1.5: “The proposed project is located within the City of Newport
Beach Permit Jurisdiction pursuant to the Post LCP Certification Permit and Appeal Jurisdiction
Map …”
Comment: I am not sure the jurisdictional issue is a simple as presented. Some tidelands
boundaries are actual while others may be adjudicated. The map appears to show the “permit
jurisdiction” extending to the property line, and the City’s own Tidelands Survey appears to
show the tidelands having the same extent.
Handwritten page 11, Section 2.1: “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.”
Comment: This CEQA finding is not obvious to me. I believe the Coastal Commission’s
aversion to granting CDPs for new shoreline protective devices is based precisely on the
assumption they will have significant long-term adverse impacts on the environment.
Zoning Administrator - June 30, 2022 Item No. 2a Additional Materials Received 925 Via Lido Soud, LLC Bulkhead CDP_PA2022-025
June 30, 2021, ZA agenda Item 2 comments - Jim Mosher Page 2 of 3
Handwritten page 11, Section 3.A.1.a: “In compliance with Subsection(C)(3)(a)(i), the property
developed with a singlefamily residence and garage is not subject to recorded waivers of future
protection,…”
Comment: As indicated above, the existing structures this may be needed to protect do not
seem to be the existing home at 925 Via Lido Soud, but rather those on the adjacent properties
at 921 and 929 Via Lido Soud (see handwritten pages 26 through 30). Do they have waivers? If
so, wouldn’t adding a wall at 925 to protect them be in violation of the waivers?
Handwritten page 12, Section 3.A.1.b: This statement of fact seems to confirm the purpose of
the development is to protect the adjacent properties, not the subject one. It is good to see the
Coastal Hazards Analysis and Engineering Assessment of Need for New Bulkhead Report
included for review with the staff report.
Handwritten page 12, Section 3.A.1.d: “Non-structural methods in this area are not feasible
and cannot be carried out successfully, which is demonstrated by the universal use of
bulkheads to maintain a system of harbor bulkheads.”
Comment: I see no basis presented to support what seems a conclusory statement. Indeed, to
the best of my knowledge bulkheads are not universal in Newport Harbor. For example, I don’t
think there are any on some of the Bay Island properties facing this location.
Handwritten page 12, Section 3.A.1.e: “There are no tidelands adjacent to the site and only a
small area of sand off-site that does not connect with any recreational areas or public beaches
in the vicinity.”
Comment: This seems a strange statement. If there is a sand area beyond the property line,
whether tidelands or not, is it not a public beach?
Handwritten page 12, Section 3.A.1.e: “The bulkhead would not impact alteration of natural
shoreline process, other than reducing the amount of erosion of soils on private property during
high tide events.”
Comment: Really? Isn’t the very purpose of a bulkhead to alter natural shoreline processes?
Handwritten page 13, Section 3.A.3: “The sane sand soil that surrounds Lido Isle and
descends into Newport Harbor is sand that is covered and uncovered by the tides but supports
no plants, does not exhibit undrained hydric soil, and is not a non-soil substrate.” [?]
Thus, the subject location does not contain wetlands.”
Handwritten page 13, Section 3.A.5: “The report describes the property’s shoreline as an
intertidal beach. However, there is no beach above the highest tide. During a very low tide event
some wet sand is exposed. The shoreline is generally at the bulkhead line as extended form the
adjacent properties.”
Comment: This statement of “fact” is contradicted by at multiple pieces of evidence. First, the
photo on handwritten page 30 appears to show a width of dry sandy beach between the glass
wall and the wet sand. Second, the topographic survey on handwritten page 46 puts the Mean
High Tide Line well beyond the property line where the bulkhead is proposed. Third, the
bulkhead design drawing on handwritten page 45 puts both the Mean High Water and Mean
Zoning Administrator - June 30, 2022 Item No. 2a Additional Materials Received 925 Via Lido Soud, LLC Bulkhead CDP_PA2022-025
June 30, 2021, ZA agenda Item 2 comments - Jim Mosher Page 3 of 3
Higher High Water levels well below the 8.0’ NAVD 88 mudline level of the base of the proposed
wall, which is itself below the natural grade of 9.21’ feet at the property line shown on the
topographic survey. Finally, from handwritten page 35, “the calculated maximum wave runup” is
anticipated to reach only 8.5 feet NAVD 88.
Handwritten page 14, Section 3.A.9: “With approval of the grade determination under Findings
C and D, the proposed bulkhead would comply with all development standards such as
maximum height of accessory structures (NBMC Section 21.30.040 Fences, Hedges, Walls,
and Retaining Walls).”
Comment: Does this imply that without the grade determination it would not?
Handwritten page 14, Section 3.A.12: “… the project does not contain any unique features that
could degrade the visual quality of the coastal zone.”
Comment: Couldn’t a bulkhead degrade the visual quality of the coastal zone even if it isn’t
unique?
Handwritten page 16: The grade determination findings do not address why the adjacent lots
are higher. Were they filled after construction of their bulkheads? Is that justification for ignoring
the clear natural grade of this lot?
Zoning Administrator - June 30, 2022 Item No. 2a Additional Materials Received 925 Via Lido Soud, LLC Bulkhead CDP_PA2022-025