HomeMy WebLinkAboutZA2023-013 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW THREE (3)-STORY SINGLE-UNIT RESIDENCE AND ATTACHED TWO (2)-CAR GARAGE LOCATED AT 1400 WEST BAY AVENUE (PA2022-0187)01-10-2023
RESOLUTION NO. ZA2023-013
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING A COASTAL
DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-
FAMILY RESIDENCE AND CONSTRUCT A NEW THREE (3)-
STORY SINGLE-UNIT RESIDENCE AND ATTACHED TWO (2)-
CAR GARAGE LOCATED AT 1400 WEST BAY AVENUE
(PA2022-0187)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brandon Architects (“Applicant”) concerning property located
at 1400 West Bay Avenue requesting approval of a coastal development permit. The
property is legally described as Lot 12 of Block 1 of Tract 626 (“Property”).
2. The Applicant requests a coastal development permit to demolish an existing single-unit
residence and construct a new 3,880-square-foot, three (3)-story, single-unit residence
with a 500-square-foot two (2)-car garage. The project also includes a reinforced and
raised bulkhead for coastal hazard protection. All work will be performed from the landside
of the U.S. Bulkhead Line and all construction will occur from private property (i.e., the
landside). The project also includes additional appurtenances such as landscape,
hardscape, spa, and subsurface drainage facilities. The design complies with all applicable
development standards, including height, setbacks, and floor area limit. No deviations of
the Newport Beach Municipal Code (NBMC) are requested (“Project”).
3. The Property is designated RS-D (Single Unit Residential Detached) by the General Plan
Land Use Element and is located within the R-1 (Single-Unit Residential) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
RSD-C (Single Unit Residential Detached) - (10.0 - 19.9 DU/AC) and it is located within
the R-1 (Single-Unit Residential) Coastal Zoning District.
5. A public hearing was held on March 16, 2023, online via Zoom. A notice of the time, place,
and purpose of the hearing was provided consistent with the provisions of the Newport
Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to and
considered by, the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Division 6, Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures) because it has no potential to have a significant effect on
the environment.
Zoning Administrator Resolution No. ZA2023-013
Page 2 of 10
01-10-2023
2. Class 3 exempts the demolition of up to three (3) single-family residences and additions
of up to 10,000 square feet to existing structures. The Project consists of the demolition
of one (1) single-unit residence and the construction of a new 3,880-square-foot single-
unit residence with an attached 500-square-foot two (2)-car garage.
3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA
Guidelines 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.
By Section 21.52.015 (Coastal Development Permits, Findings, and Decision) of the Newport
Beach Municipal Code, the following findings, and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 4,678 square feet and the proposed floor area
is 4,379 square feet.
b. The proposed development provides the minimum required setbacks, which are 25
feet along the front property line abutting the bay, 3 feet along each side property
line, and 5 feet along the property line abutting West Bay Avenue.
c. The highest three (3)-story roofline is no more than 29 feet from the established
grade level of 9.00 feet based on the North American Vertical Datum of 1988
(“NAVD 88”), which complies with the maximum height limitation.
d. The Project includes enclosed garage parking for two (2) vehicles, which complies
with the minimum two (2)-car parking requirement for single-unit residences with
less than 4,000 square feet of habitable floor area.
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 are
consistent with the existing neighborhood pattern of development.
3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils, Inc.
dated March 23, 2022, for the Project. The maximum bay water elevation is 7.7 feet NAVD
Zoning Administrator Resolution No. ZA2023-013
Page 3 of 10
01-10-2023
88 (North American Vertical Datum of 1988 (NAVD 88) and may exceed the current top
of bulkhead elevation of 8.4 feet (NAVD 88) during high tide or storm events. The report
analyzes future sea level rise scenarios assuming a 3.2-foot increase in the maximum
water level over the next 75 years (i.e., the life of the structure). Therefore, the sea level
is estimated to reach approximately 10.9 feet NAVD 88 (the likely range for sea level
rise over the 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).
4. On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities.
The guidelines require that any bulkhead structure permitted within the years 2021
through 2025 must have a minimum bulkhead elevation of 10.9 feet NAVD 88 with a
design for adaptability elevation of 14.4 feet NAVD 88. The Project has been conditioned
to raise the bulkhead to an elevation of 10.9 feet NAVD 88. GeoSoils, Inc. has confirmed
the bulkhead can be raised to 14.4 feet NAVD 88 if needed and complies with the
updated guidelines.
5. Once the existing bulkhead is reinforced and raised per the report’s recommendations,
flooding, wave run-up, and erosion will not significantly impact the Property over the
proposed 75-year economic life of the development. Flood shields (sandbags and other
barriers) can be deployed across the openings to protect and prevent flooding to the
structure. The report concludes that the Project will be safe from flooding hazards for
the next 75 years with the reinforced and raised bulkhead, the proposed elevation of the
finished floor, and the ability to waterproof the building, if necessary. The Project has
been conditioned to raise the bulkhead to a minimum elevation of 10.9 feet NAVD 88.
6. The finished floor elevation of the proposed single-family residence is 9.00 feet NAVD
88, which complies with the minimum 9.00-foot NAVD 88 elevation standard. The
Coastal Hazard Report concludes that the bay water elevation (currently 7.7 feet NAVD
88) will likely not exceed the reinforced and raised seawall/bulkhead for the anticipated
75-year life of the structure.
7. Under NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to agree
with the City waiving any potential right to protection to address situations in the future in
which the development is threatened with damage or destruction by coastal hazards (e.g.,
waves, erosion, and sea level rise). This requirement is included as a condition of approval
that will need to be satisfied before the final building permit inspection.
8. The property owner will also be required to acknowledge any hazards present at the site
and unconditionally waive any claim to damage or liability against the decision authority,
consistent with NBMC Section 21.30.015(D)(3)(c) – (General Site Planning and
Development Standards). This requirement is included as a condition of approval that will
need to be satisfied before the issuance of building permits.
9. 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
Zoning Administrator Resolution No. ZA2023-013
Page 4 of 10
01-10-2023
liquefaction are required to be reviewed and approved before 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 before building permit issuance.
10. Under Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), due to the
proximity of the development to the shoreline and the development containing more than
75 percent of impervious surface area, a preliminary Water Quality and Hydrology Plan
(WQHP) is required. A preliminary WQMP has been prepared for the Project by
CivilScapes Engineering, Inc., dated December 18, 2022. The WQHP includes a polluted
runoff and hydrologic site characterization, a sizing standard for BMPs, the use of a 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 before building permit issuance.
11. The Project’s 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.
12. The Property is not located adjacent to a coastal view road, public access way, or Coastal
Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is
Veterans Park and Marina Park, approximately 500 feet east of the Property. While visible
from the channel and public beach access points on Lido Island, the proposed single-family
residence complies with all applicable Local Coastal Program (LCP) development
standards and maintains a building envelope consistent with the existing neighborhood
pattern of development. Additionally, the Project does not contain any unique features that
could degrade the visual quality of the coastal zone.
13. The waterfront and street side of the Project, which are visible from the channel and Bay
Avenue, contain substantial architectural treatment and visual interest, in keeping with the
design guidelines of the Zoning Code. The new structure would comply with the required
setbacks and the design includes modulation of volume, varied materials, and glass
railings that prevent the appearance of the site from being walled off from the surrounding
area. Therefore, the Project does not have the potential to degrade the visual quality of the
Coastal Zone or result in significant adverse impacts on existing public views.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Facts in Support of Finding:
1. The Property is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
Zoning Administrator Resolution No. ZA2023-013
Page 5 of 10
01-10-2023
between the requirement and the project’s impact and be proportional to the impact. In this
case, the Project replaces an existing single-family residence located on a standard R-1
lot with a new single-family residence. Therefore, the Project does not involve a change in
land use, density, or intensity that will result in increased demand for 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.
2. Vertical and lateral access to the waterfront exists at various points along the peninsula,
with expansive public beach areas along the oceanfront located to the south of the
Property. Along the channel side and nearest the project site, public access is available at
Veterans Park and Marina Park, approximately 500 feet east of the Property. The Project
does not include any features that would obstruct access along these routes.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) because it has
no potential to have a significant effect on the environment and the exceptions to the Class
3 exemption do not apply.
2. The Zoning Administrator of the City of Newport Beach hereby approves the Coastal
Development Permit, subject to the conditions outlined in Exhibit “A,” which is attached
hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director by the provisions of Title 21 Local Coastal Program
(LCP) Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF MARCH 2023.
Zoning Administrator Resolution No. ZA2023-013
Page 6 of 10
01-10-2023
EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. Before the final building permit inspection, the existing seawall shall be reinforced and
raised to a minimum elevation of 10.90 feet NAVD 88 with the capability to be raised up
to 14.4 feet NAVD 88, in compliance with the City of Newport Beach Waterfront Project
Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities.
3. Before the final building permit inspection, an agreement in a form approved by the City
Attorney between the property owner and the City shall be executed and recorded
waiving rights to the construction of future shoreline protection devices including the
repair and maintenance, enhancement, reinforcement, or any other activity affecting the
bulkhead, that results in any encroachment seaward of the authorized footprint of the
bulkhead or other shoreline protective device. The agreement shall be binding against
the property owners and successors and assigns.
4. Before issuance of building permits, 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
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
the development. This letter shall be scanned into the plan set before building permit
issuance.
5. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter the sensitive habitat, receiving waters, or storm
drains or result in impacts to environmentally sensitive habitat areas, streams, the
beach, wetlands or their buffers. No demolition or construction materials shall be stored
on public property.
6. This Coastal Development Permit does not authorize any development seaward of the
private property.
7. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds under MBTA:
Zoning Administrator Resolution No. ZA2023-013
Page 7 of 10
01-10-2023
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one (1) or two (2) short follow-up surveys will be necessary to check on the nest
and determine when the nest is no longer active.
8. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented before and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
9. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
10. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stockpiles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
11. Trash and debris shall be disposed of in proper trash and recycling receptacles at the
end of each construction day. Solid waste, including excess concrete, shall be disposed
of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
12. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
13. The Project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
14. The applicant shall comply with all federal, state, and local laws. A material violation of
any of those laws in connection with the use may be caused by the revocation of this
Coastal Development Permit.
15. This Coastal Development Permit may be modified or revoked by the Zoning
Administrator if determined that the proposed uses or conditions under which it is being
operated or maintained are detrimental to the public health, and welfare or materially
injurious to property or improvements in the vicinity or if the Property is operated or
maintained to constitute a public nuisance.
Zoning Administrator Resolution No. ZA2023-013
Page 8 of 10
01-10-2023
16. Before issuance of building permits, the Applicant shall submit a final construction
erosion control plan. The plan shall be subject to review and approval by the Building
Division.
17. Before issuance of building permits, the Applicant shall submit a final drainage and
grading plan. The plan shall be subject to review and approval by the Building Division.
18. Before issuance of building permits, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
19. 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 between the hours of 7:00
a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are
not allowed on Saturdays, Sundays, or Holidays.
21. 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 periods unless the ambient noise level is higher:
Between the hours of 7:00 AM
and 10:00 PM
Between the hours of 10:00
PM and 7:00 AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
22. Before the issuance of building permits, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
23. Should the Property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
24. This Coastal Development Permit 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 unless an extension is otherwise granted.
Zoning Administrator Resolution No. ZA2023-013
Page 9 of 10
01-10-2023
25. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any 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 the Hedge Residence, including, but not limited to
the Coastal Development Permit (PA2022-0187). 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 the applicant, City, and/or the parties initiating or
bringing such proceeding. The applicant shall indemnify the City for all the City's costs,
attorneys' fees, and damages, which the City incurs in enforcing the indemnification
provisions outlined in this condition. The applicant shall pay to the City upon demand any
amount owed to the City under the indemnification requirements prescribed in this
condition.
Fire Department
26. A minimum three (3)-foot wide fire department access way is required on one side of
the yard from the street frontage to the rear yard.
Public Works Department
27. The driveway approach shall be reconstructed per City Standard 163.
28. A new sewer clean-out shall be installed on the existing sewer lateral, per City Standard
406.
29. The existing gas service meter shall be relocated onto the private property.
Building Division
30. 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.
31. 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.
Zoning Administrator Resolution No. ZA2023-013
Page 10 of 10
01-10-2023
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off road equipment.
• 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 (6)-inch surface layer, subject to review/discretion of the geotechnical
engineer.
32. The Project shall comply with SFHA one AE8 flood requirements.
33. The third living level shall provide a maximum unobstructed exit travel distance of fifty
(50) feet from the most remote point.
34. Open flames shall not be permitted under combustible framing.