HomeMy WebLinkAbout3.0_McGinnis Residence_PA2021-234
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
July 7, 2022
Agenda Item No. 3
SUBJECT: McGinnis Residence (PA2021-234)
▪ Variance No. VA2022-002
▪ Coastal Development Permit No. CD2021-062
SITE LOCATION: 4607 Seashore Drive
APPLICANT: South Coast Architects
OWNER: Derral McGinnis
PLANNER: David S. Lee, Associate Planner
949-644-3225, dlee@newportbeachca.gov
PROJECT SUMMARY
A request for a coastal development permit to demolish an existing duplex and construct a
new 2,980-square-foot, single-unit residence with an attached 409-square-foot, two-car
garage and 376-square-foot junior accessory dwelling unit (JADU) in the VE Special Flood
Hazard Area (“VE Flood Zone”). Additionally, the Applicant requests a variance for the
following deviations:
1. To construct exterior entryway stairs for the JADU that are 28 inches in height in the
side yard setback, where the maximum height is 18 inches measured from existing
grade.
2. To construct exterior access stairs approximately 8 feet in height (includes steps and
guardrails) in the front yard setback abutting West Ocean Front, where the maximum
height is 42 inches measured from existing grade.
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, because it has no potential to have a significant
effect on the environment;
3) Adopt Resolution No. PC2022-016 approving Variance No. VA2022-002 and Coastal
Development Permit No. CD2021-062 (Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Two-Unit Residential (RT) Two-Unit Residential (R-
2) Two-unit residence
NORTH RT R-2 Two-unit residences
SOUTH Parks and Recreation
(PR)
Parks and Recreation
(PR) Beach
EAST RT R-2 Single- and two-unit residences
WEST RT R-2 Single- and two-unit residences
Subject
Property
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INTRODUCTION
Project Setting and Background
The subject property is a 2,587-square-foot beach-front lot located on the westerly side
of Seashore Drive, abutting West Ocean Front between 46th and 47th Streets. The site is
currently developed with an existing 3,270-square-foot, three-story duplex with an
attached two-car garage. The site includes an approximately 15-foot deep patio, which
is permitted to encroach onto the public beach by the Oceanfront Encroachment Policy
of the Local Coastal Program (LCP) Implementation Plan.
The Property is located within the VE Flood Zone (15 feet), which is a Special Flood
Hazard Area designated by the Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Maps affecting 139 ocean fronting properties between 28th Street and
48th Street (Figure 1). This flood zone designation became effective March 21, 2019. New
development within the VE Flood Zone (15 feet) is required to meet FEMA design criteria
and the City’s Building Code, which require elevated structures (i.e., the use of pilings,
post, piers or columns) to raise the first floor of the structure to be at or above the Base
Flood Elevation (BFE) of +15 feet NAVD 88, and the City requires an additional one (1)
foot of freeboard to the bottom of the lowest horizontal structural member.
Figure 1: VE Flood Zone (15 Feet)
Subject Property
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Project Description
The applicant proposes to demolish an existing duplex and construct a new 2,980 square-
foot, single-unit residence with an attached 382 square-foot two-car garage and 376-square-
foot JADU in the VE Flood Zone. The proposed residence features a contemporary design,
which utilizes split-level living spaces, balconies and decks, and a third floor which is stepped
back to reduce bulk and mass. The proposed JADU is located above the garage abutting
Seashore Drive and is accessed through the side yard setback. The proposed structure
includes a raised foundation at 17.33 feet NAVD 88, which is supported by caissons to meet
the minimum finished floor requirements of the VE Flood Zone. The structures below the
required base flood elevation are designed as breakaway walls to be consistent with ASCE
24 (American Society of Civil Engineers) Section 4.5.12. There are no proposed changes to
the existing patio encroachment. The project includes hardscape, walls, landscaping, and
drainage facilities.
DISCUSSION
Analysis
General Plan, Local Coastal Plan, and Zoning Code
The site is designated as Two-Unit Residential (RT) by the General Plan Land Use
Element and Two Unit Residential– 30.0-39.9 DU/AC (RT-E) by the Coastal Land Use
Plan (CLUP). It is located within the Two-Unit Residential (R-2) Zoning District and
Coastal Zoning District. The single-unit residence and attached JADU is a permitted use
under these land use designations. With the exception of the requested deviations for
maximum stair height in the side and front setback areas, the proposed residence
complies with all other applicable development standards of the R-2 Zoning and Coastal
Zoning Districts as illustrated in Table 1 below:
Table 1: Zoning and Coastal Zoning Development Standards
Development Feature Required Proposed
Setbacks (min.)
Front (Ocean Front)
Rear
Left Side (West)
Right Side (East)
5’
None
3’
3’
5’
None
3’
3’
Height (max.)
Flat Roof
Sloped Roof
24’
29’
24’
29’
Open Space (min.) 278 sq. ft. 406 sq. ft.
Floor Area Limit (max.) 3,829 sq. ft. 3,738 sq. ft.
Third Floor Area (max.) 383 sq. ft. 380 sq. ft.
Parking (min.) 2 spaces 2 spaces
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Variance Findings
A variance is requested for two staircases to exceed the maximum height limit in a side
and front yard setback, which are required by the Zoning Code and certified LCP
Implementation Plan. A variance is a request to waive or modify certain standards when,
because of special circumstances applicable to the property, including location, shape,
size, surroundings, topography, or other physical features, the strict application of the
development standards otherwise applicable to the property denies the property owner
privileges enjoyed by other property owners in the vicinity and in the same zoning district.
Section 20.52.090.F (Variances, Findings and Decision) of the Zoning Code requires the
Planning Commission to make the following findings before approving a variance:
A. There are special or unique circumstances or conditions applicable to the subject
property (e.g., location, shape, size, surroundings, topography, or other physical
features) that do not apply generally to other properties in the vicinity under an
identical zoning classification;
B. Strict compliance with Zoning Code requirements would deprive the subject
property of privileges enjoyed by other properties in the vicinity and under an
identical zoning classification;
C. Granting of the Variance is necessary for the preservation and enjoyment of
substantial property rights of the applicant;
D. Granting of the Variance will not constitute a grant of special privilege inconsistent
with the limitations on other properties in the vicinity and in the same zoning district;
E. Granting of the Variance will not be detrimental to the harmonious and orderly
growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the
public convenience, health, interest, safety, or general welfare of persons residing
or working in the neighborhood; and
F. Granting of the Variance will not be in conflict with the intent and purpose of this
Section, this Zoning Code, the General Plan, or any applicable specific plan.
JADU Entryway Stairs in Side Yard Setback
The project includes a JADU which is located above the garage and accessed from the
side yard setback area. Due to the VE Zone flood hazard requirements for a higher
finished floor, entryway stairs are necessary to step up into the finished floor from the
lower existing grade of the side yard (Figure 2). The proposed top of landing for the JADU
entrance is approximately 28-inches high, which exceeds the maximum 18-inch height
requirements for steps in the side yard setback. The existing grade below the proposed
stair is approximately 12.53 feet NAVD 88, which is 4.8 feet lower than the required 17.33-
foot finished floor for the JADU. Due to the elevation difference between the existing grade
and the required finished floor, exterior entryway stairs into the JADU are not feasible
without relief from the maximum height.
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Figure 2: Rendering of JADU Entryway Stairs
Strict compliance with the Zoning Code would require the entryway stairs to be relocated
into the interior of the residence and thereby reducing the project’s livable floor area.
Properties outside of the VE flood zone are typically able to accommodate an entryway
in the side yard setback without the necessity of stairs. Without an exterior entrance, an
interior stair system within the buildable area would reduce the amount of livable area on
a modest-sized lot. The granting of the side yard entryway into the JADU is not detrimental
to the surrounding neighborhood, as it is not visible from neighboring properties. The
intent of the Zoning Code is to prevent the alteration of topography within setback areas
to be significantly higher than the existing grade. Finally, the footprint of the entryway
stairs is small, as it is a total of 10 feet deep within a side yard that is 85 feet deep.
Access Stairs to Patio in Front Setback
The applicant proposes an additional set of stairs in the front yard setback abutting West
Ocean Front, which provides direct access from the residence to the ocean-front patio.
The existing patio grade below the proposed stairs is 13.13 feet NAVD 88, which is 4.2
feet lower than the required 17.33-foot NAVD 88 finished floor for the primary residence.
The applicant is seeking relief from the maximum 42-inch height requirement in the front
Entry Stairs
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yard setback area in order to provide access from the primary residence to the outside
patio. The proposed stair turns to be parallel with the front property line and consists of a
lower landing area within the front setback (Figure 3). The guardrails, which are the tallest
element of the access at 8 feet from existing grade, are to be constructed with glass which
is visually less obstructive.
Figure 3: Rendering of Ocean Front Patio Access Stairs
Strict compliance with the Zoning Code would deprive direct access from the principal
structure into the front patio abutting the beach. Without access stairs in the front setback,
residents of the primary dwelling would be required to exit the front door abutting
Seashore Drive and travel down the side yard in order to access the patio.
Neighboring properties, as well as the existing property, include existing ocean front
patios which are accessible from the principal structure (Figure 4). Direct access from the
residence to the front yard patio is necessary for enjoyment of the ocean front property
without having to re-enter the dwelling and exit through the front entryway. The Zoning
Code permits accessory stairs, including guardrails, to be a maximum height of 42-inches
from existing grade. For the proposed project, a 42-inch high stair is infeasible to serve
Access Stairs
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as an accessway between a high finished-floor and low existing patio grade due to the
strict regulations of the VE Flood Zone.
Figure 4: Existing Ocean Front Patios
Coastal Development Permit Findings
The subject property is located within the Coastal Zone; therefore, the proposed
demolition of the existing duplex, and construction of a new single-unit residence and
attached JADU requires a coastal development permit. Per Section 21.52.015.F of
NBMC, the required findings to approve a coastal development permit are as follows:
1. Conforms to all applicable sections of the certified Local Coastal Program;
2. 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.
Land Use and Development Standards
The proposed single-unit residence and attached JADU is consistent with the Two Unit
Residential Coastal Land Use and Zoning designation. The proposed deviations to the
maximum stair heights within a side and front setback comply with 21.52.090 (Relief from
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Implementation Plan Development Standards), which allows for waiver or modification of
certain standards of the Implementation Plan because of special circumstances. The
proposed residence complies with applicable residential development standards,
including floor area limitation, setbacks, height, and parking.
Coastal Hazards
Since the subject property abuts the ocean, a coastal hazards report was provided by the
applicant. The report, prepared by GeoSoils, Inc. on August 17, 2021, concludes that the
project will be reasonably safe from wave runup, overtopping, and future sea level rise.
The estimates assume an approximate 2.95-foot increase from sea level rise over the
next 75 years (i.e. the life of the structure). The maximum water elevation is 7.7 NAVD88,
therefore the future sea level is estimated to reach approximately 10.65 feet NAVD88 (the
likely range for sea level rise over 75-year design life of the structure based on low risk
aversion estimates (66% probability) for sea level rise provided by the State of California,
Sea Level Rise Guidance: 2018 Update). Additionally, the maximum water elevation
using the medium-high risk aversion estimates (0.5% probability) is 14.4 feet NAVD88.
The finished floor elevation of the first floor of the proposed structure is approximately
17.3 feet NAVD88, which complies with the minimum 9.0-foot (NAVD88) elevation
standard for new structures and exceeds the minimum requirements for future projected
sea level rise (10.65 and 14.4 feet NAVD88).
The project will be reviewed for compliance with building code and FEMA standards prior
to issuance of a building permit. The VE Flood Zone mapped at the site requires a base
flood elevation (BFE) of +15 feet NAVD88, and the City requires an additional one (1) foot
of freeboard to the bottom of the lowest horizontal structural member. Therefore, the
project has been designed with a raised finished floor of 17.33 feet NAVD88. The
residential structure is also required to have a pile foundation. Therefore, although
unlikely to occur at the project site over the life of the development, the structure has been
designed to withstand potential wave overtopping in compliance with the FEMA VE Flood
Zone standards.
Public Views and Access
The project site is not located adjacent to a coastal viewpoint as identified in the Coastal
Land Use Plan. The nearest coastal viewpoint is Channel Place Park and is not visible from
the site. The site is located adjacent to Seashore Drive, which serves as lateral access and
provides intermittent views of the beach where it intersects with street ends. As currently
developed, the existing property and other residences along Seashore Drive impede views
of the ocean from Seashore Drive and provide very limited opportunities to see the beach
through side yard setbacks. The subject lot is located in the middle of the block, and existing
views of the beach are available along the 46th and 47th Street ends. The proposed project
would not block any existing public views through the project site. Additionally, the proposed
single-family residence and attached JADU complies with all applicable Local Coastal
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Program (LCP) development standards and maintains a building footprint consistent with
the existing neighborhood pattern of development.
Vertical access to the beach is available at the 46th and 47th Street ends. Lateral access is
available on the beach in front of the property and along Seashore Drive to the rear of the
property. The project does not involve the removal or creation of additional street parking
spaces. The project design does not include any unique features in the rear of the property
that could obstruct access or create hazards for the motorists or pedestrians on Seashore
Drive. The first-floor garage is setback approximately 6 feet from the property line, which
would allow the residents additional visibility to the bike path and street as they enter and
exit the garage.
Relief from Implementation Plan Development Standards Findings
Per Section 21.52.090 (Relief from Implementation Plan Development Standards), the
Planning Commission may approve a waiver to a development standard of the
Implementation Plan only after making all of the following findings:
1. Whether or not the development is consistent with the certified Local Coastal
Program to the maximum extent feasible; and
2. Whether or not there are feasible alternatives that would provide greater
consistency with the certified Local Coastal Program and/or that are more
protective of coastal resources.
3. The granting of the variance is necessary due to special circumstances applicable
to the property, including location, shape, size, surroundings, topography, and/or
other physical features, the strict application of the development standards
otherwise applicable to the property denies the property owner privileges enjoyed
by other property owners in the vicinity and in the same coastal zoning district; and
4. The modification or variance complies with the findings required to approve a
coastal development permit in Section 21.52.015(F);
5. The modification or variance will not result in development that blocks or
significantly impedes public access to and along the sea or shoreline and to coastal
parks, trails, or coastal bluffs;
6. The modification or variance will not result in development that blocks or
significantly impairs public views to and along the sea or shoreline or to coastal
bluffs and other scenic coastal areas;
7. The modification or variance will not result in development that has an adverse
effect, either individually or cumulatively, on coastal resources, including wetlands,
sensitive habitat, vegetation, or wildlife species; and
8. The granting of the modification or variance will not be contrary to, or in conflict
with, the purpose of this Implementation Plan, nor to the applicable policies of the
certified Local Coastal Program.
As previously discussed, the proposed development is consistent with the certified Local
Coastal Program to the maximum extent possible without depriving the applicant of
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access into the JADU and ocean-front patio. Staff has analyzed the alternatives of the
variance and believes that the proposed project is necessary for a viable project while it
does not cause a detriment to the surrounding neighborhood, public views, or public
access.
An alternative to the side yard entryway stairs is to have the entrance door at the side
yard grade level and to design a stair system within the buildable area. Stairs within the
buildable area count as floor area but reduce the opportunity for practical living areas
such as living rooms and bedrooms. The proposed project already has difficult design
constraints due to being located within the VE Flood Zone. Interior stairs would not
provide greater consistency with the LCP and are not more protective of coastal
resources.
A separate entry for the JADU is not feasible to be located in the rear alley adjacent to
the garage. The lot is 30-feet wide with 3-foot side setbacks on each side, leaving a 24-
foot-wide buildable frontage. The garage is proposed with the minimum width of 17 feet
6 inches, leaving approximately 6.5 feet for entry access stairs for the principal dwelling.
Therefore, the lot is not wide enough to allow for separate entrances for both the principal
dwelling unit and the JADU, resulting in the proposed side yard entry as the most feasible
means of entry for the JADU.
An alternative to the front yard access stair into the beach-front patio is to reduce the
livable floor area of the residence and to construct the stair within the buildable area
outside of the setback. As previously discussed, the lot is modest-sized and implementing
a staircase within the buildable area would reduce the amount of livable area dedicated
to the living room. Access stairs, which are typically permitted in front setbacks, only
requires deviation for height due to the recent increase in flood hazard regulations of the
VE Zone. The lot is separated from the public beach by an approximately 15-foot deep
private ocean front patio encroachment which creates a larger distance and visual buffer
between the public beach area and the proposed stairs. Relocating the stair into the
buildable area would not provide greater consistency with the LCP and is not more
protective of coastal resources.
Pending Zoning Code and LCP Amendments
On March 26, 2019, the City Council initiated amendments to Title 20 (Planning and
Zoning) and Title 21 (Local Costal Program Implementation Plan) of the Newport Beach
Municipal Code to address the access issues raised by this variance for other residences
located in the VE Flood Zone. The proposed amendments include allowing raised
walkways, decks, and stairs with guardrails to encroach into the front and side yard
setback areas in order to provide access to the residence from the existing grade as well
as provide more usable outdoor living space. Staff held a community meeting on January
19, 2022, and anticipates presenting the amendments for Planning Commission and City
Council review later this summer. California Coastal Commission approval of the
amendments will also be required. If approved, future projects that are similar to the
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proposed project will not require a variance or any deviation to development standards.
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, Chapter 3, because it has no
potential to have a significant effect on the environment.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners 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 meeting, 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.
Prepared by: Submitted by:
__________________________
David S. Lee, Associate Planner
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Project Renderings
PC 3 Project Plans
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Attachment No. PC 1
Draft Resolution with Findings and Conditions
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RESOLUTION NO. PC2022-016
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA SUPERSEDING
MODIFICATION PERMIT NO. MD2008-011 AND APPROVING
VARIANCE NO. VA2022-002 AND COASTAL DEVELOPMENT
PERMIT NO. CD2021-062 TO ALLOW THE DEMOLITION OF AN
EXISTING DUPLEX AND THE CONSTRUCTION OF A NEW
SINGLE-UNIT RESIDENCE AND ATTACHED JUNIOR
ACCESSORY DWELLING UNIT FOR THE PROPERTY LOCATED
AT 4607 SEASHORE DRIVE (PA2021-234)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by My Vu of South Coast Architects (“Applicant”), on behalf of
Derral McGinnis (“Owner”), with respect to property located at 4607 Seashore Drive, and
legally described as Lot 4 of Block 46 (“Property”) requesting approval of a variance and a
coastal development permit.
2. The Applicant requests a coastal development permit to demolish an existing duplex and
construct a new 2,980 square-foot, single-unit residence with an attached 409-square-foot
two-car garage and 376-square-foot junior accessory dwelling unit (“JADU”) in the VE
Special Flood Hazard Area (“VE Flood Zone”) including a raised foundation supported by
caissons to meet the minimum finished floor requirements of the VE Flood Zone (“Project”).
The Project includes hardscape, walls, landscaping, and drainage facilities. Additionally,
the Applicant requests a variance for the following deviations:
a. To construct exterior entryway stairs for the JADU that are 28 inches in height in
the side yard setback, where the maximum height is 18 inches measured from
existing grade.
b. To construct exterior access stairs approximately eight feet in height (includes steps
and handrails) in the front yard setback abutting West Ocean Front, where the
maximum height is 42 inches measured from existing grade.
3. The requested application would supersede Modification Permit No. MD2008-011, which
was authorized by the Zoning Administrator on March 10, 2008 to permit an addition of a
new bedroom and deck to an existing duplex which is nonconforming due to parking.
4. The Property is designated Two Unit Residential (RT) by the General Plan Land Use
Element and is located within the Two-Unit Residential (R-2) Zoning District.
5. The Property is located within the coastal zone. The Coastal Land Use Plan designation
is Two Unit Residential Detached (RT-E) (30.0 – 39.9 DU/AC) and is located within the
Two Unit Residential (R-2) Coastal Zone District.
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Planning Commission Resolution No. PC2022-016
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6. A public hearing was held on July 7, 2022, in the Council Chambers located at 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the
hearing was given in accordance with California Government Code Section 54950 et
seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the
(“NBMC”). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to
Sections 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. Class 3 exempts the construction of limited numbers of new, small structures, including
up to three single-family dwellings or up to six dwelling units within multi-unit structures
in urbanized areas. The Project is a new single-family residence with an attached JADU
located within the Two-Unit Residential (R-2) Zoning District and Two Unit Residential
(R-2) Coastal Zone District.
3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA
Guidelines are not applicable. The Project’s 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.
Variance
In accordance with NBMC Subsection 20.52.090(F) (Variances – Findings and Decision), the
following findings and facts in support of such findings are set forth:
Finding:
A. There are special or unique circumstances or conditions applicable to the subject
property (e.g., location, shape, size, surroundings, topography, or other physical
features) that do not apply generally to other properties in the vicinity under an identical
zoning classification.
Facts in Support of Finding:
1. The Property is located on Seashore Drive and faces West Ocean Front between 46th
and 47th Streets. The Property is located within the VE Flood Zone (15 feet), which is a
Special Flood Hazard Area designated by the Federal Emergency Management Agency
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Planning Commission Resolution No. PC2022-016
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(FEMA) Flood Insurance Rate Maps affecting 139 ocean fronting properties between
28th Street and 48th Street. This flood zone designation took effect March 21, 2019.
2. New development within the VE Flood Zone (15 feet) is required to meet FEMA design
criteria and the City’s Building Code, which require elevated structures (i.e., the use of
pilings, post, piers or columns) to raise the first floor of the structure to be at or above
the Base Flood Elevation (BFE) of +15 feet NAVD 88, and the City requires an additional
one foot of freeboard to the bottom of the lowest horizontal structural member.
Therefore, the Project has been designed with a raised finished floor of approximately
17.33 feet NAVD 88.
3. The proposed top of landing for the JADU entryway stairs is approximately 28-inches
high, which exceeds the maximum 18-inch height requirements for steps in the side yard
setback. The grade below the proposed stairway is approximately 12.53 feet NAVD 88
(interpolated existing finished surface), which is 4.8 feet lower than the required 17.33-
foot finished floor for the JADU. Due to the low existing topography of the Property and
the flood hazard requirement for a higher finished floor, an entryway into the JADU is
not feasible without relief from the maximum step height.
4. The existing patio grade below the proposed access stairs in the front yard setback is
approximately 13.13 feet NAVD 88, which is 4.2 feet lower than the required 17.33-foot
NAVD 88 finished floor for the primary residence. The Applicant is seeking relief from
the maximum 42-inch height requirement in the front yard setback area in order to
provide stair access and required guardrails from the primary residence to the outside
patio.
Finding:
B. Strict compliance with Zoning Code requirements would deprive the subject property of
privileges enjoyed by other properties in the vicinity and under an identical zoning
classification.
Facts in Support of Finding:
1. Facts in support of Finding A are hereby incorporated by reference.
2. Strict compliance with the Zoning Code would deprive the Project of livable floor area,
where properties outside of the VE flood zone can construct an entryway facing the side
yard setback without the necessity of entry stairs. A compliant design requires
redesigning the floor plan to pull the entryway stairs out of the side yard setback and
into the buildable area of the home. This relocated design reduces the amount of
practical living area on a modest-sized lot which is 30-feet wide.
3. Strict compliance with the Zoning Code would deprive direct access from the principal
structure into the front patio abutting the beach. Neighboring properties, as well as the
existing property, include patio areas abutting the beach which are accessible from the
principal structure. The Zoning Code permits accessory stairs, including guardrails, to
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Planning Commission Resolution No. PC2022-016
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be a maximum height of 42-inches from existing grade. For the proposed project, a 42-
inch high stair is infeasible to serve as an accessway between a high finished-floor and
low existing patio grade. Without a stair in the front setback, residents of the primary
dwelling would be required to exit the front door abutting Seashore Drive and travel
down the side yard in order to access the patio.
Finding:
C. Granting of the variance is necessary for the preservation and enjoyment of substantial
property rights of the applicant.
Facts in Support of Finding:
1. Facts in support of Finding A are hereby incorporated by reference.
2. Exterior access to the proposed JADU from the side yard setback area is necessary to
maintain a reasonable floor area for the Project. Designed to meet the high finished floor
required by the VE Flood Zone, the proposed residence includes complex stair systems
to provide separate access into the JADU. Stairs within the buildable area count as floor
area but do not provide practical living areas such as living rooms and bedrooms.
Without an exterior entrance into the JADU, additional interior staircases would be
necessary, thus removing additional opportunity for practical living spaces for the
dwelling units.
3. Direct access from the residence to the front yard patio is necessary for enjoyment of
the ocean front property. The Project is a beach-front property and consists of a patio
which encroaches onto the beach through an encroachment permit. A majority of nearby
residences have similar encroaching patios. The Applicant is requesting a means of
direct access to the patio through stairs which encroach into the front setback area.
Access onto the front patio is a significant benefit of the site and is necessary for the
enjoyment of an ocean front property.
Finding:
D. Granting of the variance will not constitute a grant of special privilege inconsistent with
the limitations on other properties in the vicinity and in the same zoning district.
Fact in Support of Finding:
1. Facts in support of Finding A are hereby incorporated by reference.
2. Residences of similar lot size and topography located outside of the VE Flood Zone or
constructed prior to the new flood hazard requirements are typically able to
accommodate access stairs in the side and front yard setbacks without deviations from
development standards. The requested deviations for the Project will provide privileges
that are consistent with other properties in the vicinity.
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Finding:
E. Granting of the variance will not be detrimental to the harmonious and orderly growth of
the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of persons residing or working
in the neighborhood.
Facts in Support of Finding:
1. The granting of the entryway stairs for the JADU is not detrimental to the neighborhood,
as it is not visible from neighboring properties. The maximum height for stairs in a side
yard setback area is 18 inches from existing grade, and the maximum height for
accessory guardrails is six feet from existing grade. The proposed entryway stairs are
28 inches high from existing grade, which exceeds the Zoning Code standards by nine
inches. The top of the guardrail is approximately five feet, which is compliant with the
Zoning Code.
2. The JADU entryway stairs make up a small portion of the side yard area, which is less
than 10 feet deep within an 85-foot deep lot. Of the 10-foot deep stairs, less than six
feet of the stairs exceed the required height limit.
3. The proposed front yard access stairs from the residence onto the beach-front patio are
not detrimental to surrounding properties. The lot is separated from the public beach by
an approximately 15-foot deep private ocean front patio encroachment which creates a
larger distance between the public beach area and the proposed stair. The proposed
stairs turn to be parallel with the front property line and consist of a lower landing area
within the front setback. The guardrails, which are the tallest element of the access at 8
feet from existing grade, is to be constructed with glass which is visually less obstructive.
Finding:
F. Granting of the variance will not be in conflict with the intent and purpose of this section,
this Zoning Code, the General Plan, or any applicable specific plan.
Facts in Support of Finding:
1. Granting the variance request would not increase the density beyond what is planned
for the area, and will not result in additional traffic, parking, or demand for other services.
2. The entryway stairs for the JADU are not in conflict with the intent of the maximum 18-
inch height standard in the Zoning Code. The intent of the Code is to prevent the re-
grading of setback areas to be significantly higher than the existing grade. The entry
way stairs are a small, 10-foot deep staircase within a side yard that is 85 feet deep.
3. The maximum height standard of 42-inches in front yard setback areas are intended to
limit the visual mass of accessory structures such as decks, fences, hedges, and walls.
The proposed access stairs are constructed of steps and glass guardrails, which are
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necessary for direct access to the patio and are not visually obstructive.
4. The Property is not located within a specific plan area.
Coastal Development Permit
In accordance with NBMC Subsection 21.52.015(F) (Coastal Development Permits - Findings
and Decision), the following findings and facts in support of such findings as set forth:
Finding:
G. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. With exception of the requested variance for the access stair deviations, 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 3,829 square feet and the proposed floor
area is 3,738 square feet.
b. The Project provides the minimum required setbacks, which are five feet along the
front property line abutting West Ocean Front and 3 feet along each side property
line. There is no required setback along the property line abutting Seashore Drive.
c. The project includes garage parking for a total of two (2) vehicles, complying with
the minimum two (2)-car garage parking requirement for single-family residences
with less than 4,000 square feet of habitable floor area.
d. The highest guardrail is less than 24 feet from established grade (17.33 feet
NAVD88) and the highest ridge is no more than 29 feet from established grade,
which comply with the maximum height requirements. Pursuant to Section
21.30.060 (B), the minimum required top of slab elevation for interior living areas
of all new development within flood hazard areas shall be as established by the
Flood Insurance Rate Maps recognized by the Building Division as part of flood
safety requirements and maps adopted by the Council. The subject property is
located in the VE Flood Zone and the minimum top of slab elevation is required to
be a minimum of 17.33 feet NAVD88. Pursuant to 21.30.060 (B), the height of a
principal structure shall be measured from the top of slab elevation. Therefore, the
established grade for the subject property is 17.33 feet NAVD88, and the
maximum elevation allowed for a guardrail or flat roof is 41.33 feet NAVD88 and
46.33 feet NAVD88 for a sloping roof (minimum 3:12 pitch).
2. The Project proposes to demolish the existing duplex on-site to construct a single-family
residence and attached JADU. As a result, the Project complies with the Housing Crisis
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Act of 2019 and Senate Bill 8 (Skinner) because it does not result in the loss of residential
density. The State Department of Housing and Community Development (“HCD”) has
verified with the City in an email dated March 23, 2022, that an ADU is considered a
housing unit under Government Code Section 66300 provisions to replace existing units.
The Property Owner has certified that the units are not "protected" units under Section
66330 Subdivision (d)(2). The Project is consistent with the General Plan, Local Coastal
Program, and Zoning designations that allow the single-family and accessory dwelling
unit land uses. Under Coastal Land Use Plan Table 2.1.1-1, the Two Unit Residential
(RT) category is intended to provide primarily for two-family residential development such
as duplexes or townhomes. Implementation Program (IP) Table 21.18-1 shows “Single-
Unit Dwellings – Detached” and “Accessory Dwelling Units” as allowed uses in the R-2
Coastal Zoning District. Therefore, the project of a single-family residence and accessory
dwelling unit to replace the existing duplex is consistent with the R-2 zoning and land use
designations and does not result in a loss of residential density.
3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils, Inc.,
dated August 17, 2021 for the project. The report concludes that the project will be
reasonably safe from wave runup, overtopping, and future sea level rise. The estimates
assume an approximate 2.95-foot increase from sea level rise over the next 75 years
(i.e. the life of the structure). The maximum water elevation is 7.7 NAVD88; therefore,
the future sea level is estimated to reach approximately 10.65 feet NAVD88 (the likely
range for sea level rise over 75-year design life of the structure based on low risk aversion
estimates (66 percent probability) for sea level rise provided by the State of California,
Sea Level Rise Guidance: 2018 Update). Additionally, the maximum water elevation
using the medium-high risk aversion estimate (0.5 percent probability) is 14.4 feet
NAVD88. The finished floor elevation of the first floor of the proposed structure is
approximately 17.3 feet NAVD88, which complies with the minimum 9.0-foot (NAVD88)
elevation standard for new structures and exceeds the minimum requirements for future
projected sea level rise (10.65 and 14.4 feet NAVD88).
4. The Coastal Hazards Report and Sea Level Rise Analysis also evaluates the potential
for shoreline erosion and wave attack at the site. The report concludes that future wave
runup will likely not reach the site under severely eroded beach conditions and extreme
storms. The report states that this section of Newport Beach does experience short term
erosion, but that the erosion is temporary and largely the result of an energetic winter.
The report concludes that the sandy beach in front of the property is typically over 375
feet wide and has provided adequate protection for the property over the last several
decades. The proposed development will not need shoreline protection over the life of
the development.
5. The Project will be reviewed for compliance with building code and FEMA standards prior
to issuance of a building permit. The VE Flood Zone mapped at the site requires a base
flood elevation (BFE) of +15 feet NAVD88, and the City requires an additional one (1)
foot of freeboard to the bottom of the lowest horizontal structural member. Therefore, the
project has been designed with a raised finished floor of 17.33 feet NAVD88. The
residential structure is also required to have a pile foundation. Therefore, although
unlikely to occur at the project site over the life of the development, the structure has
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been designed to withstand potential wave overtopping in compliance with the FEMA VE
Flood Zone standards.
6. Pursuant to Section 21.30.030(C)(3)(i)(iv) (Protective Structures) of the NBMC, the property
owner will be required to enter into an agreement with the City waiving any potential right
to protection to address situations in the future in which the development is threatened with
damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The
property owner will also be required to acknowledge any hazards present at the site and
unconditionally waive any claim to damage or liability against the decision authority,
consistent with Section 21.30.015(D)(3)(c) (Development Standards) of the NBMC. Both
requirements are included as conditions of approval that will need to be satisfied prior to
final building inspection, and prior to the issuance of building permits, respectively.
7. The Property is 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.
8. The Property is located on a wide beach, approximately 200 feet from the mean high tide
line. 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.
9. 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. A preliminary WQHP has been prepared for the project by Forkert Engineering
& Surveying Inc. The WQHP includes a polluted runoff and hydrologic site characterization,
a sizing standard for BMPs, use of an LID approach to retain the design storm runoff volume
on site, and documentation of the expected effectiveness of the proposed BMPs.
10. Proposed landscaping complies with Implementation Plan Section 21.30.075
(Landscaping). A condition of approval is included that requires drought-tolerant species.
Prior to issuance of building permits, the final landscape plans will be reviewed to verify
invasive species are not planted.
11. The Property is not located adjacent to a coastal viewpoint as identified in the Coastal Land
Use Plan. The nearest coastal viewpoint is Channel Place Park and is not visible from the
site. The Property is located adjacent to Seashore Drive, which serves as lateral access
and provides intermittent views of the beach where it intersects with street ends. As
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currently developed, the existing property and other residences along Seashore Drive
impede views of the ocean from Seashore Drive and provide very limited opportunities to
see the beach through side yard setbacks. The Property is located in the middle of the
block, and existing views of the beach are available along the 46th and 47th Street ends.
The Project would not block any existing views through the project site. Additionally, the
proposed single-family residence and attached JADU complies with all applicable Local
Coastal Program (LCP) development standards and maintains a building footprint
consistent with the existing neighborhood pattern of development.
12. The Property is located in the viewshed of the public beach, which is not a designated
viewpoint but provides scenic views of the ocean. The project will replace an existing duplex
with a new single-family home and attached JADU that complies with applicable
development standards. The project also complies with the City’s Residential Design
Standards that restrict the size and location of third floors. The project proposes a third floor
of 380 square feet to accommodate a lounge area and powder room, which meets the
additional 15-foot stepback standards from the front and rear setback lines. Compliance
with third floor standards minimize the appearance of bulk and scale from the adjacent
beach, neighboring properties, and street. The project would be constructed with a finished
floor that is approximately 5 feet above the existing beach elevation and the overall height
of the structure will appear higher than neighboring properties. However, as the other 165
properties along the beach from 24th Street to 48th street redevelop, they will also be
required to comply with the VE Flood Zone construction standards that necessitate raised
foundations on caissons. Therefore, the project does not have the potential to degrade the
visual quality of the Coastal Zone or result in significant adverse impacts to public views.
Finding:
H. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
1. The Property is located between the nearest public road and the sea or shoreline. Section
21.30A.040 of the NBMC 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 duplex located on standard R-2 lot
with a new single-family residence and attached JADU. 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 located in the
middle of the block, and designed and sited (appropriate height, setbacks, etc.) so as not
to block or impede existing public access opportunities.
2. Vertical access to the beach is available at the 46th and 47th Street ends. Lateral access is
available on the beach in front of the property and along Seashore Drive to the rear of the
property. The Project does not involve the removal or creation of additional street parking
spaces. The project design does not include any unique features in the rear of the property
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that could obstruct access or create hazards for the motorists or pedestrians on Seashore
Drive. The first-floor garage is setback approximately six feet from the property line, which
would allow the residents additional visibility to the bike path and street as they enter and
exit the garage.
3. The Applicant is proposing to maintain the existing encroaching patio on West Ocean
Front. Any new encroachments within the Ocean Front Encroachment area would require
review and approval by Public Works Department and the California Coastal Commission.
No new encroachments on the beach are proposed as part of this project.
In accordance with NBMC Section 21.52.090 (Relief from Implementation Plan Development
Standard), the Planning Commission may approve a waiver to a development standard of the
Implementation Plan only after making all of the following findings:
Finding:
I. The Planning Commission has considered the following:
i. Whether or not the development is consistent with the certified Local Coastal
Program to the maximum extent feasible; and
ii. Whether or not there are feasible alternatives that would provide greater consistency
with the certified Local Coastal Program and/or that are more protective of coastal
resources.
Facts in Support of Finding:
1. The proposed deviations result from access stairs in the front and side setbacks which
are designed to be consistent with the LCP to the maximum extent feasible. The
proposed top of landing for the JADU entrance is approximately 28-inches high, which
exceeds the maximum 18-inch height requirements for steps in the side yard setback.
The existing grade below the proposed stair is 12.53 feet NAVD 88, which is 4.8 feet
lower than the required 17.33-foot finished floor for the JADU. An exterior entryway into
the JADU is not feasible without relief from the maximum step height. In the front
setback, the existing patio grade below the proposed stair abutting the beach is
approximately 13.13 feet NAVD 88, which is 4.2 feet lower than the required 17.33-foot
NAVD 88 finished floor for the primary residence. The applicant is seeking relief from
the maximum 42-inch height requirement in the front yard setback area in order to
provide access from the primary residence to the outside patio. Both sets of stairs are
designed to the minimum heights necessary to provide access.
2. An alternative to the side yard access stairs is to have the entrance at the grade level
and to design a stair system within the buildable area outside of the setback. Stairs
within the buildable area count as floor area but reduce the opportunity for practical living
areas such as living rooms and bedrooms. The proposed project already has difficult
design constraints from being in the VE Flood Zone. Interior stairs would not provide
greater consistency with the LCP and are not more protective of coastal resources.
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3. A separate entry for the JADU is not feasible to be located in the front. The Property is
30-feet wide with 3-foot side setbacks on each side, leaving a 24-foot wide buildable
frontage. The proposed garage is near the minimum width of 17 feet 6 inches. The lot is
not wide enough to allow for separate entrances for both the principal dwelling unit and
the JADU. Therefore, the side yard entry is the most feasible means of entry for the
JADU.
4. An alternative to the front yard access stair into the beach-front patio is to reduce the
livable floor area of the residence and to construct the staircase within the buildable area
outside of the setback. However, the lot is not excessively large and implementing a
staircase within the buildable area would reduce the amount of livable area dedicated
to the living room. An access staircase, which is typically permitted in front setbacks,
only requires deviation for height due to the recent increase in flood hazard regulations
in the VE Zone. Relocating the staircase into the buildable area would not provide
greater consistency with the LCP and is not more protective of coastal resources.
Finding:
J. The granting of the variance is necessary due to special circumstances applicable to the
property, including location, shape, size, surroundings, topography, and/or other
physical features, the strict application of the development standards otherwise
applicable to the property denies the property owner privileges enjoyed by other property
owners in the vicinity and in the same coastal zoning district.
Facts in Support of Finding:
Facts in Support of Finding A above are hereby incorporated by reference.
Finding:
K. The variance complies with the findings required to approval a coastal development
permit in NBMC Section 21.52.015(F).
Fact in Support of Finding:
Facts in Support of Findings G and H above are hereby incorporated by reference.
Finding:
L. The variance will not result in development that blocks or significantly impedes public
access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs.
Fact in Support of Finding:
1. The Property does not currently provide access to the sea or shoreline, nor does it
provide access to any coastal parks, trails, or coastal bluffs.
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2. Vertical access to the beach and ocean is available from the 46th and 47th Street street
ends. The Project does not result in development that will impede existing public access
because all construction is limited to the project site and the public sidewalk fronting the
site will remain.
Finding:
M. The variance will not result in development that blocks or significantly impairs public
views to and along the sea or shoreline or to coastal bluffs and other scenic coastal
areas.
Facts in Support of Finding:
Fact 11 in support of Finding G above is hereby incorporated by reference.
Finding:
N. The variance will not result in development that has an adverse effect, either individually
or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation
or wildlife species.
Fact in Support of Finding:
The existing and proposed residence is not located on or near coastal resources such
as wetlands, sensitive habitat, vegetation, or wildlife species. There are no other coastal
resources in the immediate area that could be affected by the proposed redevelopment.
Finding:
O. The granting of the variance will not be contrary to, or in conflict with, the purpose of this
Implementation Plan, nor to the applicable policies of the Local Coastal Program.
Fact in Support of Finding:
Facts in Support of Finding G above are hereby incorporated by reference.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission 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.
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2. The Planning Commission of the City of Newport Beach hereby approves VA2022-002
and CD2021-062, subject to the conditions set forth in Exhibit “B,” 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 is filed with the City Clerk in accordance
with the provisions of Titles 20 and 21 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.
4. This resolution supersedes Modification Permit No. MD2008-011 which upon vesting of
the rights authorized by this Variance and Coastal Development Permit, shall become
null and void.
PASSED, APPROVED, AND ADOPTED THIS 7TH DAY OF JULY, 2022.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Chairman
BY:_________________________
Secretary
Attachment(s): Exhibit A – Conditions of Approval
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. 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 Use
Permit.
4. Variance No. VA2022-002 and Coastal Development Permit No. CD2021-062 shall expire
unless exercised within 24 months from the date of approval as specified in Section
20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted
by the Community Development Director.
5. This Variance and Coastal Development Permit may be modified or revoked by the
Planning Commission should they determine 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.
6. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Variance and Coastal
Development Permit or the processing of a new Variance and Coastal Development
Permit.
7. A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
8. The guardrails located within the front yard setback shall be constructed of glass or
transparent material.
9. Prior to the issuance of a building permit, the Applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall incorporate
drought tolerant and noninvasive plantings and water efficient irrigation practices, and
the plans shall be approved by the Planning Division.
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10. 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 to address the
threat of damage or destruction from waves, erosion, storm conditions, landslides,
seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the
property, or development of the property, today or in the future. The agreement shall be
binding against the property owners and successors and assigns.
11. Prior to the issuance of a building permit, the property owner shall submit a notarized
signed letter acknowledging all hazards present at the site, assuming the risk of injury
or damage from such hazards, unconditionally waiving any claims of damage against
the City from such hazards, and to indemnify and hold harmless City, its City Council, its
boards and commissions, officials, officers, employees, and agents from and against any
and all claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including without limitation,
attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which
may arise from or in any manner relate (directly or indirectly) to City’s approval of
development. This letter shall be scanned into the plan set prior to building permit issuance.
12. 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 or two 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
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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.
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. 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.
21. Prior to the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
22. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
23. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the 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
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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
24. 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 Beard Residence including, but not limited to, Variance No. VA2021-002 and
Coastal Development Permit No. CD2021-025 (PA2021-130). 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.
Building Division
25. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
26. The Applicant shall employ the following best available control measures (“BACMs”) to
reduce construction-related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off road equipment.
33
Planning Commission Resolution No. PC2022-016
Page 18 of 18
•Limit allowable idling to 30 minutes for trucks and heavy equipment.
Off-Site Impacts
•Encourage carpooling for construction workers.
•Limit lane closures to off-peak travel periods.
•Park construction vehicles off traveled roadways.
•Wet down or cover dirt hauled off-site.
•Sweep access points daily.
•Encourage receipt of materials during non-peak traffic hours.
•Sandbag construction sites for erosion control.
Fill Placement
•The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
•Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in the
top six-inch surface layer, subject to review/discretion of the geotechnical
engineer.
27.Prior to the issuance of a grading permit, the Applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the proposed project, subject to the approval of
the Building Division and Code and Water Quality Enforcement Division. The WQMP
shall provide appropriate Best Management Practices (BMPs) to ensure that no
violations of water quality standards or waste discharge requirements occur.
28.A list of “good housekeeping” practices will be incorporated into the long-term post-
construction operation of the site to minimize the likelihood that pollutants will be used,
stored or spilled on the site that could impair water quality. These may include frequent
parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful
fertilizers or pesticides, and the diversion of storm water away from potential sources of
pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list
and describe all structural and non-structural BMPs. In addition, the WQMP must also
identify the entity responsible for the long-term inspection, maintenance, and funding for
all structural (and if applicable Treatment Control) BMPs.
29.Hardscape and site improvements shall be designed to meet ASCE 24 Section 9.3 and
4.5.12 standards.
30.Walls located below Design Flood Elevation (DFE) shall be designed as breakaway
walls per NFIP 60.3 (e)(4) or ASCE 24 Section 4.5.12.
31.Elevators shall be designed per FEMA Technical Bulletin 4.
32.Alternative Means and Methods request subject to Building Official approval required for
emergency egress onto decks and/or roofs.
34
Attachment No. PC 2
Project Renderings
35
INTENTIONALLY BLANK PAGE36
37
INTENTIONALLY BLANK PAGE38
Attachment No. PC 3
Project Plans
39
INTENTIONALLY BLANK PAGE40
ALL RIGHTS RESERVED C COPYRIGHT 2004
THE PRIOR WRITTEN CONSENT OF SOUTH COAST ARCHITECTSANY OTHER PURPOSE OR DISCLOSED TO OTHERS WITHOUTTHIS DOCUMENT OR ITS CONTENTS MAY NOT BE USED FOR
FOR THE LIMITED PURPOSE OF EVALUATION, BIDDING OR
SOUTH COAST ARCHITECTS AND IS FURNISHED IN CONFIDENCETHIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO
Date:
Drawn By:
Scale:
Job:
Job No.:
Sheet:
MCGINNIS
JOB#20012
RESIDENCE
MCGINNIS RESIDENCE
- CDP PLAN SET-
09.08.2021
4607 SEASHORE
NEWPORT BEACH, CA 92663
03.03.2022
11.03.2021
04.15.2022
41
42
BASIS OF BEARINGS
THE BASIS OF BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINEOF 46TH STREET HAVING A BEARING OF N52°47'45"E PER C.R. 2015-2120.
VICINITY MAP
BENCHMARK INFORMATION
TITLE REPORT/EASEMENT NOTES
NO TITLE REPORT PROVIDED
LEGAL DESCRIPTION
REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA AND ISDESCRIBED AS FOLLOWS:
LOT 4 OF BLOCK 46 IN THIRD ADDITION TO NEWPORT BEACH,IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 3,PAGE 31, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
LC
EXISTING ELEVATION
LEGEND
( )
AC ASPHALT PAVEMENT
FOUND MONUMENT
SEARCHED, FOUND NOTHING; SET
NOTHING
FS
FL
FINISHED SURFACE
FLOWLINE
FFG FINISHED FLOOR GARAGE
TILE SURFACE
T.B.M.TEMPORARY BENCHMARKSET ON A WATER METERELEVATION = 11.95 FEET
HUNTINGTON BEACH, CALIFORNIA 92646PHONE:(714)488-5006 FAX:(714)333-4440 APEXLSINC@GMAIL.COMPAUL D. CRAFT, P.L.S. 8516 DATE
NOTE: SECTION 8770.6 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODESTATES THAT THE USE OF THE WORD CERTIFY OR CERTIFICATION BY ALICENSED LAND SURVEYOR IN THE PRACTICE OF LAND SURVEYING OR THEPREPARATION OF MAPS, PLATS, REPORTS, DESCRIPTIONS OR OTHER SURVEYING
DOCUMENTS ONLY CONSTITUTES AN EXPRESSION OF PROFESSIONAL OPINIONREGARDING THOSE FACTS OR FINDINGS WHICH ARE THE SUBJECT OF THE
CERTIFICATION AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE,EITHER EXPRESSED OR IMPLIED.
LICENSE RENEWAL DATE 12/31/22
PAULD OMINICK
C
RAFTPROFESSIONA L LANDSU
RVEYORFF FINISHED FLOOR
WATER METERWM
EG EDGE OF GUTTER
GAS METERGM
CENTERLINE
TRC TOP OF ROLLED CURB
GRAPHIC SCALE
SURVEYOR OR ENGINEER SHALL PERMANENTLY MONUMENT PROPERTY
CORNERS OR OFFSETS BEFORE STARTING GRADING.
PLEASE CALL PAUL CRAFT @ 714-488-5006 TO SCHEDULE.
SURVEYOR'S NOTES
BLOCK WALL
NG NATURAL GROUND
BENCHMARK NO: NB2-7-77
DESCRIBED BY OCS 2002 FOUND 3 3\4" OCS
ALUMINUM BENCHMARK DISK STAMPED "NB2-7-77",SET IN THE SOUTHWEST CORNER OF A 7 FT. BY 4.5
FT. CONCRETE CATCH BASIN. MONUMENT ISLOCATED IN THE SOUTHEAST CORNER OF THE
INTERSECTION OF SUPERIOR AVENUE AND PACIFICCOAST HIGHWAY, 400 FT. EASTERLY OF THECENTERLINE OF SUPERIOR AVENUE AND 48 FT.
SOUTHERLY OF THE CENTER MEDIAN ALONG PCH.MONUMENT IS SET LEVEL WITH THE SIDEWALK.
ELEVATION: 8.565 FEET (NAVD88), YEAR LEVELED 2015
ACU AIR CONDITION UNIT
CATV CABLE TV BOX
AD AREA DRAIN
EPB ELECTRIC PULL BOX
TPB TELEPHONE PULL BOX
TW TOP OF WALL
TWS TOP OF WALL STEP
CONCRETE SURFACE
GUARD POSTGP
TG TOP OF GRATE
PAULDCRAFT
11/3/2021
43
Δ=00°28'12"R=3789.83'L=31.09'
N52°47'45"E 85.00'
N52°47'45"E 85.00'Δ=00°28'12"R=3789.83'L=31.09'
LOT 4
BLOCK 46
TRACT NO. 769
M.M. 3/31
LOT 3
LOT 5
CLSEASHORE DR
IVE228899000ΔΔ''88833999RRΔΔ2222====88333ΔΔΔΔΔΔΔ8833220011339900==7773322777799RRRLL""""8888888888°°°°°33000088ΔΔ===RR888888====33999"""330099000GARAGE
T/SLAB=17.33 ΔΔΔ000000037337373333333=3=33=33332139 Avenida NavarroSan Clemente, CA 92672949.492.8586www.toalengineering.com
CIVIL ENGINEERINGLAND SURVEYINGSTORMWATER QUALITY
EASEMENT NOTE
PER AN ALTA COMMITMENT FOR TITLE INSURANCE BY STEWART TITLE
DATED 6/3/2020 (ORDER NO. UBFREF20242581), NO PLOTTABLEEASEMENTS AFFECT SUBJECT SITE.
PRELIMINARY PLAN NOT FOR CONSTRUCTION
LEGEND
SURVEY NOTES
1. TOPOGRAPHIC SURVEY PREPARED BY APEX LAND SURVEYING, INC.
DATED 8/26/20.
DETAILBOTTOMLESS TRENCH DRAIN
DETAIL
TYPICAL DRAIN INLETDETAILDOWNSPOUT CONNECTION 44
Δ=00°28'12"R=3789.83'L=31.09'
N52°47'45"E 85.00'0000
N52°47'45"E 85.00'ΔΔΔΔΔΔ===000000000000°22222288888''1111122222"RRRRR======33333777777888899999.8888333333''LLLLLL=33333311111....0000099999''
LOT 4
BLOCK 46
TRACT NO. 769
M.M. 3/31
LOT 3
LOT 5
CCLLCCCCSEASHORE DR
IVE228899000ΔΔ''888333999RRΔΔ222===88333ΔΔΔΔΔΔΔΔΔ88220011330009900==77733777799RRRLL""8888888°°330088ΔΔRR88888====33""""3300990000GARAGE
T/SLAB=17.33 ΔΔΔ1109'3100'L=3====3800°2Δ=0ΔΔΔΔ02
23333322232883383833333333333333333300000000000139 Avenida NavarroSanClemente,CA 92672949.4 9 2 .8 5 8 6www.toalengineering.com
CIVIL ENGINEERINGLANDSURVEYINGSTORMWATERQUALITY
PRELIMINARY PLAN NOT FOR CONSTRUCTION
NOTE
YEAR-ROUND BMP REQUIREMENTS
LEGEND
1
SURVEY NOTES
EROSION CONTROL BMPs
TEMPORARY SEDIMENT CONTROL
WIND EROSION CONTROL
TRACKING CONTROL
WASTE MANAGEMENT AND MATERIALS POLLUTION CONTROL
NON-STORMWATER MANAGEMENT
45
46
47
48
49
50
51
52
53
INTENTIONALLY BLANK PAGE54
1
Rodriguez, Clarivel
Subject:FW: 4607 Seashore Drive, N.B.
Attachments:Seashore view 2022.jpg
From: markgeiger@aol.com <markgeiger@aol.com>
Sent: July 06, 2022 2:26 PM
To: Lee, David <dlee@newportbeachca.gov>
Subject: 4607 Seashore Drive, N.B.
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Hello David it was nice meeting with you today to see the rendering of the proposed demolition and construction plans for
4607 Seashore. As I mentioned to you, my property is located across the street at 4608 Seashore. I have a concern with
the variance for the side yard. I currently have a limited view (see enclosed picture) through the side yards of the 2
properties in front of me. Anything blocking my view over a fence height of (6') would be objectionable by me. You
mentioned that a fireplace would encroach on the setback by 1 foot. I ask that the owner reconsider this and either
relocate or install the fire place without encroaching on the setback area.
Regards,
Mark A. Geiger
4608 Seashore Dr.,
N.B., Ca 92663
(714) 742-8875
markgeiger@aol.com
Planning Commission - July 7, 2022 Item No. 3a - Additional Materials Received McGinnis Residence (PA2021-234)
Planning Commission - July 7, 2022 Item No. 3a - Additional Materials Received McGinnis Residence (PA2021-234)
From:Jim Mosher
To:CDD
Subject:Comments on PC Item 3: McGinnis Residence (PA2021-234) -- 7/7/2022 meeting
Date:July 06, 2022 4:29:53 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Regarding Item 3 -- McGinnis Residence (PA2021-234) -- on the Newport Beach
Planning Commission's July 7, 2022, agenda:
1. In Section 1.1 of the proposed resolution (handwritten page 17), a reference seems
to be missing identifying the tract in Newport Beach for which the subject property is
part of "Block 6."
2. In Section 4.2 at the top of handwritten page 29, the reference "to the conditions
set forth in Exhibit “B”" appears intended to have cited "Exhibit “A”."
3. While City staff's analysis of this application concentrates on the variances it feelsare necessary to allow equitable development in the VE Special Flood Hazard Area, it
seems instructive to compare City staff's conclusions regarding the appropriateness
of replacing an existing duplex with a single family residence containing a junior
accessory dwelling unit with those of California Coastal Commission staff facing avery similar application in San Diego, presented as Item 18b at their December 17,
2021, meeting. CCC staff's recommendation, approved by the Coastal Commission
as a consent calendar item, and reflecting their concern with maintaining existing
residential density, was to reject that equivalency and require the plans to be modified
so that a duplex would be replaced with a duplex.
In other cases, where the CCC has approved the replacement of an existing duplex
with the combination of a single family residence and ADU, they have required theADU to be a full one, not a JADU, maintained as a completely separate dwelling unit
with a relative size comparable to the duplex unit it replaces and with no doors
connecting the units.
Here, although the JADU has a dedicated entrance, bath and kitchenette, suggesting
it could be used as a separate dwelling, it is also connected to the main, and much
larger, home and suspiciously identified on the plans as "Bedroom 2" of the single
family residence.
-- Jim Mosher
Planning Commission - July 7, 2022 Item No. 3b - Additional Materials Received McGinnis Residence (PA2021-234)
1
Rodriguez, Clarivel
To:Rodriguez, Clarivel
Subject:FW: Final Plans for McGinness Residence
Attachments:image002.jpg; 0.4607 SeaShore Drive - Combined Set 05.26.2022 (002).pdf
From: Allan Stokke <astokke@cwsdefense.com>
Sent: July 07, 2022 10:19 AM
To: Lee, David <dlee@newportbeachca.gov>
Subject: Re: Final Plans for McGinness Residence
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Thanks for your good communication.
I note on page A1.2 that trash is located inside the gate between 4605 and 4607 which is past the entrance of the JADU
unit. You indicate a fence will be constructed between 4605 and 4607. On trash day it will be near impossible to move
the trash cans directly from the trash location to the street because the steps to enter the JADU unit will be blocking the
exit to the street (the trash cans when loaded will be next to impossible to lift over the JADU steps if the variance is
granted.)
The only alternative will be to run the trash cans to the beachfront patio and then across to the sidewalk between 4607
and 4609 and then to the street.
If a variance is granted I am not certain the owner has planned for this latter alternative.
I am sorry I could not be there due to travel to Florida.
Allan Stokke
4605 Seashore Drive
NB 92663
(714)313‐3466
Sent from my iPad
On Jun 29, 2022, at 6:35 PM, Lee, David <dlee@newportbeachca.gov> wrote:
Hi Al,
Please see the plans for the project.
Planning Commission - July 7, 2022 Item No. 3c - Additional Materials Received After Deadline McGinnis Residence (PA2021-234)
2
Thanks,
DAVID S. LEE
Community Development Department
Associate Planner
dlee@newportbeachca.gov
949-644-32255 and 460
(
CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bay C, Newport Beach, California 92660 | newportbeachca.gov
Planning Commission - July 7, 2022 Item No. 3c - Additional Materials Received After Deadline McGinnis Residence (PA2021-234)
McGinnis Residence
Coastal Development Permit and Variance4607 Seashore Drive
Planning Commission
July 7, 2022
David S. Lee Associate Planner
Planning Commission - July 7, 2022 Item No. 3d - Additional Materials Presented at the Meeting by Staff McGinnis Residence (PA2021-234)
Project Description
•Coastal Development Permit
•Demolition of existing duplex
•New SFR w/ Junior ADU
•Variance
•Side and front entry staircases
•Located within VE Flood Zone
2Community Development Department
Planning Commission - July 7, 2022 Item No. 3d - Additional Materials Presented at the Meeting by Staff McGinnis Residence (PA2021-234)
Vicinity Map
Planning Commission - July 7, 2022 Item No. 3d - Additional Materials Presented at the Meeting by Staff McGinnis Residence (PA2021-234)
VE Flood Zone
•Special flood hazard zone designated by Federal Emergency Management Agency (FEMA)
•Became effective on March 21, 2019
•Requires elevated buildings to protect against wave and flood damage
Planning Commission - July 7, 2022 Item No. 3d - Additional Materials Presented at the Meeting by Staff McGinnis Residence (PA2021-234)
VE Flood Zone
Subject Property
Planning Commission - July 7, 2022 Item No. 3d - Additional Materials Presented at the Meeting by Staff McGinnis Residence (PA2021-234)
VE Flood Zone
Existing Grade
(12’-13’)Base Flood
Elevation (15’)1’ Freeboard Finished Floor
(17.33’)-Split level
-Reduced 3rd Floor
-Contemporary design
Planning Commission - July 7, 2022 Item No. 3d - Additional Materials Presented at the Meeting by Staff McGinnis Residence (PA2021-234)
Coastal Development Permit
Community Development Department 7
Feature Required Proposed
Overall Floor Area 3,829 sq. ft. (max)3,738 sq. ft.
JADU Floor Area 500 sq. ft. (max)376 sq. ft.
Slope Roof Height 29 feet (max)29 feet
Flat Roof Height 24 feet (max)24 feet
Setbacks
Front (Ocean Front)5 feet (min)5 feet
Sides
Rear
3 feet (min)
None
3 feet
None
Parking 2-car garage (min)2-car garage
Open Space 278 sq. ft. (min)406 sq. ft.
Planning Commission - July 7, 2022 Item No. 3d - Additional Materials Presented at the Meeting by Staff McGinnis Residence (PA2021-234)
Variance
JADU Entryway Stairs
Ocean Front Patio Stairs
Planning Commission - July 7, 2022 Item No. 3d - Additional Materials Presented at the Meeting by Staff McGinnis Residence (PA2021-234)
JADU Entryway Stairs
9Community Development Department
Zoning Code Max 18”
Proposed 28”
Deviation 10”
Planning Commission - July 7, 2022 Item No. 3d - Additional Materials Presented at the Meeting by Staff McGinnis Residence (PA2021-234)
Ocean Front Patio Stairs
10Community Development Department
Zoning Code Max 3’-6”
Proposed 8’
Deviation 4’-5”
Planning Commission - July 7, 2022 Item No. 3d - Additional Materials Presented at the Meeting by Staff McGinnis Residence (PA2021-234)
Findings
•VE Zone requires 17.33’ finished floor elevation, where existing grade varies between 12’ and 13’
•Without side entry stairs, additional interior stairs reduce livable floor area
•Without front patio stairs, there is no direct access onto ocean front patio
•Accessory structures not detrimental to neighbors
•Residence does not impede public access or views
11Community Development Department
Planning Commission - July 7, 2022 Item No. 3d - Additional Materials Presented at the Meeting by Staff McGinnis Residence (PA2021-234)
Pending ZC & LCP Amendment
•Eliminates need for future variances
•Addresses access issues in VE Zone
•Initiated by City Council on March 26, 2019
•Previous community meetings conducted
•Council Study Session on July 26th
•PC and CC in fall of 2022
•Coastal Commission approval required
Planning Commission - July 7, 2022 Item No. 3d - Additional Materials Presented at the Meeting by Staff McGinnis Residence (PA2021-234)
Recommended Action
•Conduct a public hearing
•Find this project exempt from CEQA pursuant to Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines
•Adopt Resolution PC2022-002, approving:
•Variance No. VA2022-002
•Coastal Development Permit No. CD2021-062
13Community Development Department
Planning Commission - July 7, 2022 Item No. 3d - Additional Materials Presented at the Meeting by Staff McGinnis Residence (PA2021-234)
14
Questions and Discussion
David S. Lee, Associate Planner
949-644-3225, dlee@newportbeachca.gov
Planning Commission
July 7, 2022
Planning Commission - July 7, 2022 Item No. 3d - Additional Materials Presented at the Meeting by Staff McGinnis Residence (PA2021-234)