HomeMy WebLinkAboutZA2022-045 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2022-015 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW THREE (3)-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED TWO (2) CAR GARAGE LOCATED AT 4014 CHANNEL PLACE (PA2022-046)10-18-2021
RESOLUTION NO. ZA2022-045
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2022-015 TO
DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND
CONSTRUCT A NEW THREE (3)-STORY SINGLE-FAMILY
RESIDENCE AND ATTACHED TWO (2) CAR GARAGE LOCATED
AT 4014 CHANNEL PLACE (PA2022-046)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Thomas James Homes (Applicant), with respect to property
located at 4014 Channel Place, requesting approval of a coastal development permit
(CDP).
2. The lot at 4014 Channel Place is legally described as Lot 8, Block 441, Channel Section.
3. The Applicant proposes the demolition of an existing single-family residence and the
construction of a new three (3)-story 2,486-square-foot single-family residence with
attached 365-square-foot, two (2)-car garage. The project also includes the construction
of landscaping, hardscaping, drainage, site walls, and the raising and reinforcing of an
existing bulkhead for protection against coastal hazards. The design complies with all
applicable development standards and no deviations are requested. All improvements
authorized by this CDP will be located on private property.
4. The coastal permitting jurisdiction of the property is bisected. The residence falls within the
permit jurisdiction of the City while the bulkhead and approximately 10 feet of tiebacks falls
within the permit jurisdiction of the Coastal Commission
5. The subject property is designated RT (Two Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two-Unit Residential) Zoning District.
6. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Two Unit Residential (RT-D) (20.0 - 29.9 DU/AC) and it is located within the
Two-Unit Residential (R-2) Coastal Zone District.
7. 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
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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 demolition of up to three (3) single-family residences and additions
of up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of one (1) single-family residence and the construction of a new 2,486-
square-foot single-family residence with attached 365-square-foot, two (2)-car garage.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 3,066 square feet and the proposed floor area
is 2,851 square feet.
b. The proposed development provides the minimum required setbacks, which are 3
feet along the front property line abutting Channel Place, 3 feet along each side
property line and 20 feet along the second front property line abutting the Newport
Bay.
c. The highest guardrail is less than 24 feet from established grade of 9.00 feet based
on the North American Vertical Datum of 1988 (NAVD 88). The highest ridge is no
more than 29 feet from established grade. The project complies with the maximum
height requirements.
d. The project includes garage parking for a total of two (2), complying with the
minimum two (2)-car garage parking requirement for single-family residences with
less than 4,000 square feet of habitable floor area.
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2. The surrounding neighborhood is predominantly developed with a mix of both two (2)-
story single-family residences and duplexes The proposed design, bulk, and scale of
the proposed development is consistent with the existing neighborhood pattern of
development.
3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated January 6, 2022, for the project. The report states that the current
maximum bay water elevation is 7.7 feet (NAVD 88). The report analyzes future sea level
rise scenarios assuming a 3.2-foot increase in the maximum water level over the next 75
years (i.e., the life of the structure). The sea level is estimated to reach approximately 10.9
feet (NAVD 88) - (the likely range for sea level rise over 75-year design life of the structure
based on low risk aversion estimates for sea level rise provided by the State of California,
Sea Level Rise Guidance: 2018 Update). On March 23, 2021, the City Council approved
updated Waterfront Project Design Guidelines and Standards, Harbor Design Criteria
Commercial and Residential Facilities. The guidelines require that any structure
permitted within the years 2021 through 2025 must have a minimum bulkhead elevation
of 10.9 feet (NAVD 88) with a design for adaptability elevation of 14.4 feet (NAVD 88).
The proposed bulkhead design maintains a minimum top of wall elevation of 10.9 feet
(NAVD 88) with future adaptability of up to 14.4 feet (NAVD 88).
4. The project site is protected by an existing bulkhead A bulkhead conditions report was
prepared for the project by PMA Consulting, Inc., dated January 6, 2022. The report
concludes that once the existing bulkhead is raised and reinforced per the report’s
recommendations, flooding, wave runup, and erosion will not significantly impact this
property over the proposed 75-year economic life of the development. Condition of
Approval No. 2 requires the bulkhead be raised to an elevation of 10.90 (NAVD 88) with
a design adaptability of elevation of 14.4 feet (NAVD 88).
5. The finished floor elevation of the proposed single-family residence is 9.0 feet (NAVD
88), which complies with the minimum 9.00 feet (NAVD 88) elevation standard.
6. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) – (Development Standards - Protective
Structures), the property owner will be required to enter into an agreement with the City
waiving any potential right to protection to address situations in the future in which the
development is threatened with damage or destruction by coastal hazards (e.g., waves,
erosion, and sea level rise). This requirement is included as a condition of approval that
will need to be satisfied prior to final building permit inspection, respectively
7. The property owner will also be required to acknowledge any hazards present at the site
and unconditionally waive any claim to damage or liability against the decision authority,
consistent with NBMC Section 21.30.015(D)(3)(c) – (Waterfront Development -
Development Standards). This requirement is included as a condition of approval that will
need to be satisfied prior to the issuance of building permits, respectively.
8. The property is 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
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in the investigations. Construction plans are reviewed for compliance with approved
investigations and CBC prior to building permit issuance.
9. 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.
10. Pursuant to Section 21. 35.050 (Water Quality and Hydrology Plan) of the NBMC, due to
the proximity of the development to the shoreline and the development containing more
than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP)
is required. The WQHP includes a polluted runoff and hydrologic site characterization, a
sizing standard for Best Management Practices BMPs), use of an LID (Low Impact
Development) approach to retain the design storm runoff volume on site, and
documentation of the expected effectiveness of the proposed BMPs. Construction plans
will be reviewed for compliance with the approved WQHP prior to building permit issuance.
11. Proposed landscaping complies with Implementation Plan Section 21.30.075
(Landscaping). A condition of approval is included that requires drought-tolerant
species. Prior to issuance of building permits, the final landscape plans will be reviewed
to verify invasive species are not planted.
12. The closest designated public viewpoint in the City’s Local Coastal Program (LCP) is
located at Channel Place Park approximately 500 feet west of the property across the
bay. The proposed residence is not located near Coastal View Roads, as designated in
the Coastal Land Use Plan. Due to the distance of the proposed development from the
public viewpoints and the project’s compliance with applicable LCP development
standards, including height and setbacks, the project will not impact coastal views.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
between the requirement and the project’s impact and be proportional to the impact. In this
case, the project replaces an existing single-family residence located on standard R-2 lot
with a new single-family residence. Therefore, the project does not involve a change in
land use, density or intensity that will result in increased demand on public access and
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recreation opportunities. Furthermore, the project is designed and sited (appropriate
height, setbacks, etc.) so as not to block or impede existing public access opportunities.
2. Vertical access to the bay front is available adjacent at the terminus of 40th Street and the
Newport Bay. Lateral access to the bay front is provided at the west terminus of Channel
Place and the Newport Bay. The project does not include any features that would obstruct
access along these routes.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment. The exceptions to this
categorical exemption under Section 15300.2 are not applicable. The project location
does not impact an environmental resource of hazardous or critical concern, does not
result in cumulative impacts, does not have a significant effect on the environment due
to unusual circumstances, does not damage scenic resources within a state scenic
highway, is not a hazardous waste site, and is not identified as a historical resource.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2022-015, 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 the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan) of the NBMC. Final action taken by the City may be appealed to the
Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and
Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603
of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF JUNE, 2022.
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project Specific Conditions Italicized)
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. Prior to final building permit inspection for the new residence, the Applicant shall obtain
approval from the California Coastal Commission to raise and reinforce the bulkhead.
3. Prior to final building permit inspection for the new residence , the existing seawall shall
be reinforced and capped to 10.90 feet (NAVD 88) and capable to be raised up to 14.4
feet (NAVD 88), in compliance with the City of Newport Beach Waterfront Project
Guidelines and Standards, Harbor Design Criteria Commercial and Residential Facilities
and in accordance with the recommendations provided in the Coastal Hazards Report
and Sea Level Rise Analysis prepared by PMA Consulting, dated January 6, 2022.
4. Prior to the issuance of a building permit for the new residence, the project plans shall
be updated to reflect that waterproofing or similar design feature will be constructed
around the proposed residence as an adaptive flood protection device up to a minimum
of 10.9 feet (NAVD88). Flood shields (sand bags and other barriers) can be deployed
across the openings to protect and prevent flooding to the structure.
5. Prior to final building permit inspection of the new residence, an agreement in a form
approved by the City Attorney between the property owner and the City shall be
executed and recorded waiving rights to the construction of future shoreline protection
devices including the repair and maintenance, enhancement, reinforcement, or any
other activity affecting the bulkhead, that results in any encroachment seaward of the
authorized footprint of the bulkhead or other shoreline protective device. The agreement
shall be binding against the property owners and successors and assigns.
6. Prior to the issuance of a building permit for the new residence, 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.
7. 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,
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and/or lands that may be subject to the public trust shall require a coastal development
permit (CDP) approved by the California Coastal Commission (Coastal Commission).
Prior to the issuance of building permits, the Applicant shall provide a copy of said
coastal development permit or CDP waiver or documentation from the Coastal
Commission that subject improvements are not subject to the permit requirements of
the Coastal Act and/or not located within the permit jurisdiction of the Coastal
Commission.
8. 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.
9. This Coastal Development Permit does not authorize any development seaward of the
private property.
10. 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.
11. 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.
12. 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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13. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stockpiles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
14. 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.
15. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
16. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. Prior to issuance of a building permit, the Applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought tolerant plantings, non-invasive
plant species and water efficient irrigation design. The plans shall be approved by the
Planning Division.
23. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
approved CPPP and WQHP/WQMP and any changes could require separate review
and approval by the Building Division.
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24. Prior to the issuance of building permits, the Applicant shall submit a final landscape
and irrigation plan. These plans shall incorporate drought tolerant plantings, non-
invasive plant species and water efficient irrigation design. The plans shall be approved
by the Planning Division.
25. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing, and trimming.
All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall
be kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
26. Construction activities shall comply with Section 10.28.040 (Construction Activity—
Noise Regulations) of the NBMC, which restricts hours of noise-generating construction
activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday
through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction
activities are not allowed on Saturdays, Sundays or Holidays.
27. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the NBMC. The maximum
noise shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher:
Between the hours of 7 AM and
10 PM
Between the hours of 10 PM
and 7 AM
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
28. 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.
29. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
30. This Coastal Development Permit No. CD2022-015 shall expire unless exercised within 24
months from the date of approval as specified in Section 21.54.060 (Time Limits and
Extensions) of the NBMC, unless an extension is otherwise granted.
31. 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
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whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of Thomas James Homes Residence including, but not limited to, Coastal
Development Permit No. CD2022-015 (PA2022-046). 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.