HomeMy WebLinkAbout05_Rodman Residence_PA2022-0196CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 10, 2022
Agenda Item No. 5
SUBJECT: Rodman Residence (PA2022-0196)
•Coastal Development Permit
SITE LOCATION: 550 South Bay Front
APPLICANT: Ian Harrison, Architect
OWNERS: Larry and Linda Rodman
PLANNER: Liane Schuller, Planning Consultant
949-644-3200, lschuller@newportbeachca.gov
LAND USE AND ZONING
•General Plan: RT (Two-Unit Residential)
•Zoning District: R-BI (Two-Unit Residential, Balboa Island)
•Coastal Land Use Category: RT-E(Two Unit Residential - (30.0 – 39.9 DU/AC)
•Coastal Zoning District: R-BI (Two-Unit Residential, Balboa Island)
PROJECT SUMMARY
The applicant requests a coastal development permit (CDP) to allow the demolition of an
existing single-family residence and construction of a new three-story, 2,355-square-foot,
single-family residence and attached 400-square-foot, two (2)-car garage. The project
includes additional appurtenances such as site walls, fences, patios, drainage devices, and
landscaping. The design complies with all applicable development standards including
height, setbacks, and floor area limit; no deviations are requested.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division
6, Chapter 3, because it has no potential to have a significant effect on the environment;
and
3)Adopt Draft Zoning Administrator Resolution No. _ approving a Coastal Development
Permit. (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
•The project is located in the R-BI Zoning District, which allows single- and two-unit
residential development on a single legal lot and is consistent with the City’s Coastal
Land Use Plan, General Plan, and Zoning Code. A CDP is required and the property
is not eligible for a Waiver for De Minimis Development because the property is
located in the Coastal Commission Appeal Area.
•The property consists of one legal lot containing an existing single-family residence.
The neighborhood is predominantly developed with two (2)-story, single-family
residences and duplexes, however newer projects in the area may be three (3)-
story structures. The design, bulk, and scale of the proposed development is
consistent with the existing and anticipated neighborhood pattern of development.
•The proposed single-family residence and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1, below.
All improvements are shown on the attached project plans (Attachment No. ZA 3).
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front 9 feet 10 feet, 4 inches
Sides 3 feet 3 feet
Rear 5 feet 7 feet
Allowed Floor Area 2,756 square feet 2756 square feet
Allowable Third Floor Area (Max.) 341 square feet 139 square feet
Open Volume Area (Min.) 256 square feet 388 square feet
Parking 2-car garage 2-car garage
Height 24 feet flat roof
29 feet sloped roof
24 feet flat roof (deck rail)
28.8 feet sloped roof
Hazards
•The finish floor elevation of the proposed duplex is 9.0 feet based on the North
American Vertical Datum of 1988 (NAVD88), which complies with the minimum
9.0-foot (NAVD88) elevation standard. The site is located within the Special Flood
Hazard Area (SFHA) Zone AO1 and the finished floor of the home must also
comply with the required design flood elevation (DFE) per the Building Division.
The proposed finished floor at 9.0-foot (NAVD88) is anticipated to comply.
•A Coastal Hazards Report and Sea Level Rise Analysis, dated August 17, 2022,
was prepared for the project by PMA Consulting, Inc. The project site is protected
by a public boardwalk fronting the site along South Bay Front and an existing City-
owned bulkhead that will remain in place. The maximum bay water elevation is 7.7
feet NAVD 88 (North American Vertical Datum of 1988 (NAVD 88) and may exceed
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the current top of the City-owned bulkhead elevation of 8.6 feet (NAVD 88) during
high tide or storm events. The report analyzes future sea level rise scenarios
assuming a 3.05-foot increase in the maximum water level over the next 75 years
(i.e. the life of the structure). Therefore, the sea level is estimated to reach
approximately 10.75 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). The
report recommends that the bulkhead be raised in the future. Since the bulkhead
is not privately owned and cannot be raised by the homeowner, the report
recommends water proofing techniques for the proposed structure. By utilizing a
combination of flashing and waterproofing for up to 23 inches above top of slab
(10.92’ NAVD88) and sandbags at openings, the building should be protected from
flooding until year of 2097. The project has been conditioned to require the
minimum slab height recommended by the report and waterproofing flashing.
•The property owner will 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 Newport Beach Municipal Code (NBMC) Section
21.30.015(D)(3)(c) – (Waterfront - Development Standards). The Acknowledgement
of Coastal Hazards is included as a condition of approval that will need to be recorded
prior to the issuance of building permits.
•Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) - (Natural Landform and Shoreline
Protection), the property owner will be required to enter into an agreement with the
City waiving any potential right to protection to address situations in the future in
which the development is threatened with damage or destruction by coastal hazards
(e.g., waves, erosion, and sea level rise). The Waiver of Future Protection is included
as a condition of approval that will need to be recorded prior to final building
inspection.
•The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code
(CBC) and Building Division standards and policies. Geotechnical investigations
specifically addressing liquefaction are required to be reviewed and approved prior
to the issuance of a building permit. Permit issuance is also contingent on the
inclusion of design mitigation identified in the investigations. Construction plans are
reviewed for compliance with approved investigations and CBC prior to building
permit issuance.
Water Quality
•The property is located adjacent to coastal waters. Pursuant to Section 21.35.030
(Construction Pollution Prevention Plan) of the NBMC, a Construction Pollution
Prevention Plan (CPPP) is required to implement temporary Best Management
Practices (BMPs) during construction to minimize erosion and sedimentation and to
minimize pollution of runoff and coastal waters derived from construction chemicals
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and materials. A CPPP has been provided and construction plans and activities will
be required to adhere to the CPPP.
•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 preliminary Water
Quality and Hydrology Plan (WQHP) is required. The WQHP includes a polluted
runoff and hydrologic site characterization, a sizing standard for BMPs, use of an LID
approach to retain the design storm runoff volume on site, and documentation of the
expected effectiveness of the proposed BMPs. Construction plans will be reviewed
for compliance with the approved WQHP prior to building permit issuance.
Public Access and Public Views
•The subject property is located on a waterfront lot that abuts the Balboa Island Loop.
The Balboa Island Loop grants users with bay views and the opportunity to travel the
outer perimeter of Balboa Island. Lateral access to the bay is provided by the loop
and will continue to be provided by the loop. Vertical access to the Balboa Island
Loop is provided by Collins Avenue, approximately 60 feet east of the project site.
•The project site is located between the nearest public road and the sea or shoreline;
however, the project will not affect the public’s ability to gain access to use and/or
view the coast and nearby recreational facilities. The proposed residential
development neither provides nor inhibits public coastal access. Implementation Plan
Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires
that the provision of public access bear a reasonable relationship between the
requirement and the project’s impact and be proportional to the impact. In this case,
the project includes the construction of a new three-story residence. The project is
designed and sited so as not to block or impede existing public access opportunities
and development will occur within the confines of private property. The project does
not involve a change in land use, density, or intensity that will result in increased
demand on public access and recreation opportunities.
•The nearest designated coastal viewpoint, as designated in the Coastal Land Use
Plan, is over one-half mile east of the project site at the Park Avenue bridge that
crosses the Grand Canal. The project site may be located within the viewshed of
distant public viewing areas. However, the project will replace an existing single-
family residence with a new single-family residence that complies with all
applicable Local Coastal Program (LCP) development standards and maintains a
building envelope consistent with the existing and anticipated neighborhood
pattern of development. 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.
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ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has
no potential to have a significant effect on the environment.
Class 3 exempts the construction and location of limited numbers of new, small facilities
or structures including one single-family residence in a residential zone. The proposed
project consists of the demolition of an existing single-family residence and the construction
of a new three-story, 2,355-square-foot, single-family residence and attached 400-square-
foot, two (2)-car garage in the R-BI Zoning District.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the NBMC. Additionally, the item appeared on the agenda for this meeting,
which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
MKN/ls
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND TO CONSTRUCT
A NEW THREE (3)-STORY SINGLE-FAMILY RESIDENCE AND
ATTACHED TWO (2)-CAR GARAGE LOCATED AT 550 SOUTH
BAY FRONT (PA2022-0196).
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Ian Harrison, Architect, on behalf of Linda and Larry Rodman,
with respect to the property located at 550 South Bay Front, requesting approval of a
coastal development permit.
2.The property is legally described as Lot 7 in Block 15 of the Re-subdivision of Section One
of Balboa Island.
3.The project will allow the demolition of an existing single-family residence and construction
of a new three (3)-story, 2,355-square-foot, single-family residence and attached 400-
square-foot, two (2)-car garage. The project includes additional appurtenances such as
site walls, fences, patios, drainage devices, and landscaping. The design complies with all
applicable development standards, including height, setbacks, and floor area limit; no
deviations are requested.
4.The subject property is located within the R-BI (Two-Unit Residential, Balboa Island)
Zoning District and the General Plan Land Use Element category is RT (Two-Unit
Residential).
5.The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-E (Two Unit Residential, Detached (30.0 - 39.9 DU/AC)) and the Coastal
Zoning District is R-BI (Two-Unit Residential, Balboa Island).
6.A public hearing was held online on November 10, 2022, online via Zoom. A notice of
time, place, and purpose of the hearing was given in accordance with the Newport
Beach Municipal Code. 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, Division 6 of Chapter 3, Guidelines for Implementation of the California
Environmental Quality Act (“CEQA”) Section 15303 under Class 3 (New Construction or
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Conversion of Small Structures), because it has no potential to have a significant effect on
the environment.
2.Class 3 exempts the demolition and construction of limited numbers of new, small
facilities or structures including one (1) single-family residence in a residential zone. The
proposed project consists of the demolition of an existing single-family residence and
the construction of a new 2,355-square-foot, single-family residence with an attached
400-square-foot garage in the R-BI Zoning District.
3.The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015(F) (Coastal Development Permits – Findings and
Decision) of the Newport Beach Municipal Code (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 total proposed floor area, including the residence and enclosed parking,
is 2,755 square feet, which complies with the maximum allowable floor area
limit of 2,755 square feet.
b.The proposed development will provide the minimum required setbacks,
which are nine (9)-feet along the front property line abutting Bay Shore Drive,
five (5)-feet along the rear property line, and three (3)-feet along each side
property line.
c.The highest guardrail is no more than 24-feet and the highest roof ridge is no
more than 29-feet, measured from the established grade level of 9.0-feet
based on the North American Vertical Datum of 1988 (“NAVD88”), which
complies with the maximum height limitation.
d.The project includes enclosed garage parking for two (2) vehicles, which
complies with the minimum parking requirement for single-family residences
with less than 4,000 square feet of habitable floor area.
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2.The neighborhood is predominantly developed with two (2)- and three (3)-story, single-
family residences. The proposed design, bulk, and scale of the development is
consistent with the existing neighborhood pattern of development consistent with
applicable development standards.
3.A Coastal Hazards Report and Sea Level Rise Analysis, dated August 17, 2022, was
prepared for the project by PMA Consulting, Inc. The project site is protected by a public
boardwalk fronting the site along South Bay Front and an existing City-owned bulkhead
that will remain in place. The report states that the highest high tide elevation is currently
7.7 feet (NAVD88). Using the low-risk aversion projected sea level rise of a 3.05-foot
increase over the 75-year design life of the structure (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),
the report concludes that the estimated sea level rise should result in a bay water level
of 10.75 feet (NAVD88). The report evaluates the current height of the City-owned
bulkhead (approximately 8.6 feet NAVD88) and recommends that the bulkhead be
raised in the future. Because the bulkhead is not privately owned and cannot be raised
by the homeowner, the report recommends water proofing techniques for the proposed
structure. By utilizing a combination of flashing and waterproofing for up to 23 inches
above top of slab (10.92 feet NAVD88) and sandbags at openings, the building should
be protected from flooding until year of 2097. The project has been conditioned to
require the minimum slab height recommended by the report and waterproofing flashing
up to 10.92 feet NAVD88.
4.The finished floor elevation of the first floor of the proposed structure is 9.00-feet
(NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard for
new structures.
5.The property owner will 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). The Acknowledgement of Coastal Hazards is included as a condition of
approval that will need to be recorded prior to the issuance of building permits.
6.Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv) -
(Natural Landform and Shoreline Protection), the property owner will be required to enter
into an agreement with the City waiving any potential right to protection to address
situations in the future in which the development is threatened with damage or
destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The Waiver of
Future Protection is included as a condition of approval that will need to be recorded
prior to final building inspection.
7.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.
8.The property is located adjacent to coastal waters. Pursuant to Section 21.35.030
(Construction Pollution Prevention Plan) of the NBMC, a Construction Pollution Prevention
Plan (CPPP) is required to implement temporary Best Management Practices (BMPs)
during construction to minimize erosion and sedimentation and to minimize pollution of
runoff and coastal waters derived from construction chemicals and materials. A CPPP has
been provided and construction plans and activities will be required to adhere to the CPPP.
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 preliminary Water Quality and Hydrology
Plan (WQHP) is required. The WQHP includes a polluted runoff and hydrologic site
characterization, a sizing standard for BMPs, use of an LID approach to retain the design
storm runoff volume on site, and documentation of the expected effectiveness of the
proposed BMPs. Construction plans will be reviewed for compliance with the approved
WQHP prior to building permit issuance.
10.The project design addresses water quality with a construction erosion control plan and a
post-construction drainage system that includes drainage and percolation features
designed to retain dry weather runoff and minor rain event runoff on-site. Any water not
retained on-site is directed to the City’s storm drain system.
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 subject property is located on a waterfront lot that abuts the Balboa Island Loop. The
Balboa Island Loop grants users with bay views and the opportunity to travel the outer
perimeter of Balboa Island. Lateral access to the bay is provided by the loop and will
continue to be provided by the loop. Vertical access to the Balboa Island Loop is provided
by Collins Avenue, approximately 60-feet east of the project site.
2.The project site is located between the nearest public road and the sea or shoreline;
however, the project will not affect the public’s ability to gain access to use and/or view the
coast and nearby recreational facilities. The proposed residential development neither
provides nor inhibits public coastal access. 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 with a new single-family residence. The project is designed and sited so as not
to block or impede existing public access opportunities and development will occur within
the confines of private property. The project does not involve a change in land use, density,
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02-03-2020
or intensity that will result in increased demand on public access and recreation
opportunities. Furthermore, the project is designed and sited (appropriate height, setbacks,
etc.) so as not to block or impede existing public access opportunities.
3.The nearest designated coastal viewpoint, as designated in the Coastal Land Use Plan, is
over one-half mile east of the project site at the Park Avenue bridge that crosses the Grand
Canal. The project site may be located within the viewshed of distant public viewing
areas. However, the project will replace an existing single-family residence with a new
single-family residence that complies with all applicable Local Coastal Program (LCP)
development standards and maintains a building envelope consistent with the existing
and anticipated neighborhood pattern of development. 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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment.
2.The Zoning Administrator of the City of Newport Beach hereby approves the Coastal
Development Permit subject to the conditions set forth in Exhibit “A,” which is attached
hereto and incorporated by reference.
3.The approval of the Coastal Development Permit 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 Newport Beach Municipal Code.
Final action taken by the City may be appealed to the Coastal Commission in compliance
with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of
Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act.
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PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF NOVEMBER, 2022.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
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.Prior to issuance of building permits, the project plans shall be updated to reflect that a
waterproofing curb or similar design feature shall be constructed for up to 23-inches
above top of slab as an adaptive flood protection device up to a minimum of 10.9-feet
(NAVD88). Flood shields (sandbags and other barriers) can be deployed across the
openings to protect prevent flooding to the structure.
3.Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
4.The Coastal Development Permit (PA2022-0196) 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 Newport Beach Municipal Code (NBMC), unless an extension is
otherwise granted.
5.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.
6.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.
7.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.
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8. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands or public beaches.
9. 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.
10. All proposed accessory structures located within setback areas shall comply with
applicable height limits consistent with Zoning Code Section 20.30.040 (Fences, Hedges,
Walls, and Retaining Walls).
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.
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. 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.
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.
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15.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.
16.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.
17.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.
18.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.
19.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.
20.Construction activities shall comply with Section 10.28.040 (Construction Activity—Noise
Regulations) of the Newport Beach Municipal Code, which restricts hours of noise-
generating construction activities that produce noise to between the hours of 7:00 a.m.
and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-
generating construction activities are not allowed on Saturdays, Sundays or holidays.
21.All noise generated by the proposed use shall comply with the provisions of Chapter 10.26
(Community Noise Control) and other applicable noise control requirements of the Newport
Beach Municipal Code. The maximum noise shall be limited to no more than depicted
below for the specified time periods unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
22.The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
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Zoning Administrator Resolution No. ZA2022-###
Page 10 of 11
02-03-2020
23. 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.
24. 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.
25. Prior to the 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.
26. 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.
27. 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 either the current
business owner, property owner, or the leasing agent.
28. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of Rodman Residence including, but not limited to, Coastal Development
Permit (PA2022-196). This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorney’s 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, attorney’s 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.
Public Works Department
29. Proposed encroachments within the Bay Front South right-of-way shall be consistent
with City Council Policy L-6. An encroachment permit and encroachment agreement are
required for the proposed encroachments.
Building Division
30. The building and site development shall comply with the Special Flood Hazard Area
Zone AO1 requirements. The lowest habitable minimum elevation shall be at or above
the required design flood elevation (DFE).
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Zoning Administrator Resolution No. ZA2022-###
Page 11 of 11
02-03-2020
Fire Department
31.Fire sprinklers are required.
32.A three-foot wide fire department accessway from the street to the alley is required.
17
Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Coastal Development Permit
PA2022-0196
550 South Bay Front
Subject Property
19
Attachment No. ZA 3
Project Plans
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34