HomeMy WebLinkAboutPA2022-0315_20221221_Coastal Development PermitCoastal Development Permit
Community Development Department / Planning Division
100 Civic Center Drive, Newport Beach, CA 92658-8915
(949)644-3204
www.newportbeachca.gov
Rev: 11/28/17
General Information
The California Coastal Act of 1976 (Coastal Act) and the City’s certified Local Coastal Program (LCP) requires
a Coastal Development Permit (CDP) for all development within the coastal zone, unless specifically exempted
or excluded (see LCP Implementation Plan (IP) Section 21.52.035 and IP Section 21.52.040, respectively).
Review of Coastal Development Permits
Pursuant to IP Section 21.50.020 (Authority for Decisions), the Zoning Administrator has review authority for
CDPs, unless:
1.The project also requires another discretionary approval (e.g., conditional use permit, variance, etc.), in
which case, the review authority for the CDP shall be the authority for the other discretionary approval
(i.e., Planning Commission and/or City Council); or
2.The project is located on tidelands, submerged lands, and public trust lands as described in California
Public Resources Code Section 30519(b) or in deferred certification areas designated by the LCP Coastal
Zoning Map and the Post-LCP Certification Permit and Appeal Jurisdiction Map, in which case, the
California Coastal Commission (Coastal Commission) shall be the CDP review authority.
3.Amendments to coastal development permits approved by the Coastal Commission, either prior to
certification of the LCP or on appeal after certification, have to be processed by the Coastal Commission.
Required Findings
Pursuant to IP Section 21.52.15 (F) (Findings and Decision), the review authority may approve or conditionally
approve a coastal development permit application, only after first finding that the proposed development:
1.Conforms to all applicable sections of the certified Local Coastal Program (e.g. development standards,
no impacts to public views, natural resources, etc.); and
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.
Application Requirements
1.A completed Planning Permit Application (attached);
2.Project Description
A written statement describing the proposed project in detail. Include secondary improvements such as
demolition, grading, roads, driveways, outbuildings, fences, etc. Identify project details such as building gross
square footage, grading cut/fill, unit count, bedroom count, parking count, building height, landscape area, and
number of floors. This document will serve as the formal statement to the approving authority on what the project
is. Please include any relevant information which supports the application and the required findings pursuant to
Section 20.52.080 F., which are noted above.
City of Newport Beach CDP Information & Requirements - Page 1 of 14
(Posted: 03-02-2018)
City of Newport Beach Coastal Development Permit
Rev: 11/28/17
3.Public Noticing Requirements.
Applicant given original CDP Notice of Filing to post on site
City staff will assist in completing the notice of filing form (see attached) and provide
instruction on the number of notices to be posted and their location(s).
Number of Notices:
The applicant shall be responsible for maintaining the sign(s) in satisfactory condition and
for the removal of the sign(s) at the end of the applicable appeal period.
Post on Site
The applicant is responsible for posting a notice of filing that an application for a coastal
development permit has been submitted to the City.
The notice of filing must be posted at a conspicuous place, easily readable by the public
and placed as close as possible to the site of the proposed development.
Please refer to the Planning Division’s handout on Public Noticing Requirements for more information
on the application materials required for a public hearing.
4.Plans
Coastal development permit applications must be accompanied by one (1) full size set of plans for initial
review, unless additional sets are required in conjunction with another discretionary review. Additional full
size set of plans may be requested following initial review. Plans shall include the following:
•Site plan, floor plans, cross sections, elevations, roof plan, demolition plan, preliminary
grading/drainage, and erosion control plan indicating existing and proposed conditions.
•The site plan must display the entire property, property lines, adjacent streets, and existing and
proposed buildings/structures with emphasis on the request.
•Topographic survey for new structures and major remodels that increase height.
•A floor area exhibit showing area dimensions and calculations if proposed structure is within 10
percent of maximum allowable floor area.
•Plans shall be drawn to scale and show all necessary dimensions to give a true and clear picture of
the existing and proposed conditions.
5.Supplemental Materials
Include applicable studies and materials (erosion control plan, coastal hazards report, landscape plan,
construction pollution prevention plan, post development runoff plan, water quality and hydrology plan, etc.)
for the property as indicated in the attached table.
6.Filing Fee
A filing fee is required at the time of filing to partially defray the cost of processing and other expenses. The
Planning Division will advise you of said fee.
7.Electronic Copy
All of the above submittal items are required to be submitted in electronic format (i.e., CD, Dropbox or
Email) as determined by the Planning Department prior to application submittal.
City of Newport Beach CDP Information & Requirements - Page 2 of 14
(Posted: 03-02-2018)
Coastal Development Permit
Supplemental Materials Checklist
(Rev: 02-15-22)
The following checklist provides guidance for determining the appropriate supplemental materials
that should be submitted with a Coastal Development Permit applicant. The checklist contemplates
typical or routine development proposals such as single-family homes and duplexes. For complete
information regarding the studies or for larger projects, refer to the captioned section of the Municipal
Code. Please speak with a planner to confirm which studies may be required for your proposed
development. An additional application deposit may be required for peer review of supplemental
studies at the discretion of the Department based on individual project and site conditions.
Water Quality Supporting Studies
Preliminary Construction Pollution Prevention Plan (CPPP) (Section 21.35.030)
A report or erosion control plan, that describes temporary best management practices
(BMPs) the development will implement to minimize erosion and sedimentation during
construction, and to minimize pollution of runoff into coastal waters by construction chemicals
and materials. The level of detail provided to address the plan’s requirements shall be
commensurate with the type and scale of the development, and the potential for adverse
water quality and hydrologic impacts to coastal waters. At minimum, the plan shall show what
BMPs will be used and where, total disturbance area, and measures to prevent erosion,
contain sediment and control drainage. (See attached sample plan for small-scale, single-
family or two-family development projects. Larger scale projects or projects with a greater
potential for adverse impacts shall provide additional analysis in compliance with Section
21.35.030).
Required for:
• Construction activities that include clearing, grading, or other activities that involve ground
disturbance; building, reconstructing, or demolishing a structure; and creation or
replacement of impervious surfaces.
Water Quality and Hydrology Plan (WQHP)/Water Quality Management Plan (WQMP)
(Section 21.35.050)
A report prepared by a qualified licensed professional, that includes a polluted runoff and
hydrologic site characterization, a sizing standard for best management practices (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. An alternatives analysis and description
of the treatment control and/or runoff control BMPs the development will implement to
minimize potential post-development water quality and hydrologic impacts may also be
necessary.
Required for:
• Projects within 200 feet of coastal waters (Mean High Water Line) or environmentally
sensitive habitat area that involve 2,500 square feet or more of impervious surface area
(WQMP threshold)
• Projects that include more than 75 percent of impervious surfaces on-site within 200 feet
of coastal waters (WQHP threshold)
Coastal Development Permit
Supplemental Materials Checklist
(Rev: 02-15-22)
• Hillside development on a slope greater than 15%, on a site with erodible soil (WQHP
threshold) or 5,000 square feet on a sloping property with erodible soil (WQMP threshold)
NOTE: For developments proposing drainage into the harbor, bay or beach, contact the
Planning Division to discuss required studies.
Other Supporting Studies
Housing Crisis Act (SB 330/SB 8) Demolition Compliance
The Housing Crisis Act Compliance for Demolitions Certification Form shall be completed
and signed by the property owner of a proposed “housing development project” (defined as
one or more residential units, or a mixed-use project with two-thirds residential floor area)
that involves demolition of any residential units.
Required for:
• Any housing development project involving the demolition of residential units.
Bulkhead Conditions Report (Section 21.30.15.E.3)
A report that includes a statement of preparer’s qualifications, analysis of the condition of the
existing bulkhead, recommendations for repair, augmentation, or replacement,
recommendations to avoid seaward encroachment if augmentation or replacement is
necessary, and recommended alternatives to relocate the bulkhead in alignment with
adjacent bulkheads as far landward as possible. (Please reference Harbor Design Criteria,
adopted March 23, 2021 by the City Council, for bulkhead design requirements and minimum
bulkhead elevations needed to account for future sea level rise).
Required for:
• All properties with a bulkhead on-site
Coastal Hazards Report (Section 21.30.015.E.2)
A report that includes a statement of preparer’s qualifications, identifies coastal hazards
affecting the site, an analysis of coastal hazards such as beach erosion, high tide conditions,
storm waves, bluff stability, factors of safety for the economic life of the structure (75 years),
a bulkhead determination, and necessary mitigation measures. (Please reference Harbor
Design Criteria, adopted March 23, 2021 by the City Council, for bulkhead design
requirements and minimum bulkhead elevations needed to account for future sea level rise).
Required for:
• Properties on the shoreline that are subject to current or expected future erosion,
flooding/inundation, wave run-up, or wave impacts, including those resulting from sea
level rise.
Coastal Development Permit
Supplemental Materials Checklist
(Rev: 02-15-22)
Geologic Stability Report (Section 21.30.15.E.4)
A report that includes a statement of preparer’s qualifications, an analysis of the geologic
conditions on-site, certifying the suitability of the site for development, and identifying
necessary mitigation measures.
Required for:
• Properties on or within a bluff (B) or canyon (C) overlay
• Projects that involve a new residential structure or a significant remodel in shoreline areas
subject to liquefaction or seismic hazards (the report will be required for these projects at
plan check, please provide if available with the CDP application)
Post Development Erosion Control Plan (Section 21.30.015.E.7)
A plan prepared by a registered engineer qualified in hydrology and soil mechanics, that
incorporates drainage improvements, irrigation systems, and/or native or drought-tolerant
vegetation into the design to minimize bluff or canyon recession and will eliminate or mitigate
any adverse impacts on local shoreline sand supply to the maximum extent feasible.
Required for:
• Properties on or within 100 feet of a bluff (B) or canyon (C) overlay
Landscape Planting Plan (Section 21.30.075)
A detailed landscape planting plan that specifies landscape area as well as plant selection
and grouping, to determine compliance with drought tolerant species, invasive plant species,
native plant species for dune habitats, environmentally sensitive habitat areas (ESHA)/ESHA
buffers, and deciduous trees.
Required for:
• Properties containing or within 50 feet of a sand dune, beach, bluff, stream, ESHA, water
feature, or wetland
• Projects that include 500 square feet or more of new landscaping in accordance with
Chapter 14.17 of the Municipal Code
• Projects that include 2,500 square feet or more of rehabilitated landscaping in accordance
with Chapter 14.17 of the Municipal Code
NOTICE: Waiver of Future Protection (Section 21.30.15.E.5)
As a condition of approval of new development, an agreement in favor of the City is necessary
waiving any potential right to future protection to address situations in the future in which
development is threatened with damage or destruction from waves, erosion, storm
conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards.
Required for:
• New development where a natural landform or shoreline protection study is required
Coastal Development Permit
Supplemental Materials Checklist
(Rev: 02-15-22)
Less Common Supporting Studies
Archaeological/ Paleontological Research Plan (Section 21.30.105.A)
A document prepared by a qualified archaeologist/paleontologist to determine whether or not significant cultural resources are present, determine the boundaries of cultural resources,
and provide measures that result in the avoidance and/or minimization of impacts to archaeological or paleontological cultural resources present on the site.
Required if:
• Projects where the site contains known or potential archaeological or paleontological
resources
• A potentially significant archeological or paleontological resource is identified in an initial
study pursuant to the California Environmental Quality Act (CEQA)
Conversion or Demolition of Affordable Housing (Chapter 21.34)
Demonstrate compliance with the requirements of Chapter 21.34 (one-for one replacement
of affordable units in the following order of preference: on-site, in the Coastal Zone, within 3
miles of the Coastal Zone).
Required for:
• Conversion or demolition of eleven (11) or more dwelling units located in two or more
structures
• Properties that involve the demolition of three or more dwelling units
Initial Historic Evaluation (Section 21.30.105.B)
A site-specific study performed by a qualified professional that describes the significance of
the resources, describes possible adverse impacts, and identifies mitigation measures
designed to reduce or eliminate those impacts.
Required if:
• The site is listed on the City’s Historic Resource Inventory, or a Local, State, or Federal
historic resource list
• The site contains historic resources
Initial Resource Survey (Section 21.30B.020)
A site resource survey, recently prepared (within one year), identifying the presence or potential for wetlands or sensitive habitat, vegetation, or wildlife species on the site.
Required for:
• Properties that contain or are within 100 feet of sensitive habitat areas, southern coastal
foredune, southern dune scrub, wetland, wetland buffer, or an ESA/ESHA/ESHA buffer
• Properties within a 100-year floodplain
• Properties that contain state or federally listed rare, threatened, or endangered species
Coastal Development Permit
Supplemental Materials Checklist
(Rev: 02-15-22)
Lower Cost Visitor Accommodations Impact and Feasibility Analysis (Section 21.48.025)
A feasibility study explaining why providing lower cost accommodations as part of the project
is not feasible. The study should address: land value; development costs; a breakdown of
the estimated annual revenues (including average daily rate and occupancy rates); a
breakdown of the estimated operating costs; and any other information necessary to address
the feasibility of providing lower cost accommodations on-site.
Required for:
• Development of new visitor accommodations
• The expansion, reduction, redevelopment, demolition, conversion, closure, or cessation
of existing visitor accommodations.
Visual Impact Analysis (Section 21.30.100)
An analysis that includes recommendations to avoid or minimize impacts to public views from
the identified public view points and corridors identified in Policy 4.4.1-6 and Map 4-3 of the
Coastal Land Use Plan.
Required for:
• Property that contains or is visible from a viewshed, public view point, coastal view road,
public park or beach, or public access as identified on Coastal Land Use Plan Map 4-3
• When an initial analysis indicates the need for a view impact analysis as determined by
City staff.
Rev 02/14/17
NOTICE OF
APPLICATION FILING
THE PLANNING DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF
THE CITY OF NEWPORT BEACH RECENTLY RECEIVED A COASTAL
DEVELOPMENT PERMIT APPLICATION FOR THE FOLLOWING PROJECT:
PROPOSED PROJECT: __________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
LOCATION: ____________________________________________________________
______________________________________________________________________
______________________________________________________________________
APPLICANT: ___________________________________________________________
APPLICATION NO.: ______________________________________________________
DATE NOTICE POSTED: __________________________________________________
The public hearing for this application has not yet been scheduled. When the hearing, or
determination are scheduled, further notice will be provided.
The application is available for your review at the Community Development Department
Permit Center (Bay C-1st Floor), at 100 Civic Center Drive, Newport Beach, California, CA
92660. Prior to the public hearing, the agenda, staff report, and documents may be
reviewed. For more information, call (949) 644-3200 (please reference the application
number).
City of Newport Beach CDP Information & Requirements - Page 8 of 14
(Posted: 03-02-2018)
1CorrectionLists\WaterQualityMgmtPlanRevChecklist 4-24-17
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
BUILDING DIVISION
100 Civic Center Drive, Newport Beach, CA 92660
www.newportbeachca.gov | (949) 644-3200
WATER QUALITY & HYDROLOGY PLAN (WQHP)
PLAN REVIEW CHECKLIST
FOR COASTAL DEVELOPMENT PERMIT
Project Address:
Plan Check No.:Date of Report:
Report Prepared By:
Plan Check Engineer: Sergio Gutierrez (sgutierrez@newportbeachca.gov)Phone: 949-644-3213
X 1st Review:2nd Review:3rd Review:
Make the following corrections to the report.
Return this correction sheet and check prints with corrected Water Quality Hydrology Plan.
Submit a response sheet indicating how each correction was resolved.
A WQHP is required for Coastal Development Permit Projects. For projects that will generate morethan 2,500 square feet of impervious, please comply with a “Priory WQMP Report.” ConceptualWQMP, provide tentative LID and Hydromodification BMP’s at the earliest planning phase for early
review and approval:
http://www.newportbeachca.gov/home/showdocument?id=21687
LID BMP’s shall follow the following hierarchy of BMP’s: infiltration, evapotranspiration, harvest/re-use, and biotreatment.
Hydrology computations are based on a 2-year storm period.
On the cover page identify the report as a “WQHP,” if less than 2,500 sf of impervious or “Priority
WQMP”
For Model WQMP:
http://www.newportbeachca.gov/home/showdocument?id=10750
For design see Technical Guidance Document:http://www.newportbeachca.gov/home/showdocument?id=10749
For Total Maximum Daily Loads and 301(d) list:http://www.waterboards.ca.gov/santaana/water_issues/programs/tmdl/index.shtml
City of Newport Beach CDP Information & Requirements - Page 9 of 14
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2CorrectionLists\WaterQualityMgmtPlanRevChecklist 4-24-17
Prior to approval of the WQHP Report, attend to the following:
_____________________________________________________________________
TITLE PAGE
Name of project
Site address (or addresses) OR planning area number if no address
Owner/Developer name
Owner/Developer address & telephone number
Consulting/Engineering firm that prepared WQHP
Consulting/Engineering firm address & phone number
Date WQHP was prepared/revised
Planning Application, Grading Application, or Building Application
Registered Civil Engineer’s signature and stamp
_____________________________________________________________________________________
OWNER’S CERTIFICATION
A signed certification statement, in which the project owner acknowledges and accepts the provisions
of the WQHP, follows the title page.______________________________________________________________________
TABLE OF CONTENTS
A Table of Contents including a list of all figures and attachments.______________________________________________________________________
SECTION I, DISCRETIONARY PERMIT(S) AND WATER QUALITY CONDITIONS
Permit/Application No.
Address of Project and APN
List Discretionary Permit(s)
List, verbatim, the water quality conditions, including condition requiring preparation of WQMP, ifapplicable
If not developed site, provide lot and tract/parcel map number
Applicable WIHMPs and TMDL______________________________________________________________________
SECTION II, PROJECT DESCRIPTION
11.1 – PROJECT DESCRIPTION
WQHP Development Category
Project plan area
SIC code
No. of dwelling units (residential)
Accurately describe where facilities will be located, what activities will be conducted and where onthe site, kinds of materials and products that will be used, how and where materials will be received
and stored, and what kinds of wastes will be generated.
Pre-project and post-project pervious and impervious areas and their percentages
Does project include food preparation, cooking, and eating areas? Specify location and type of area
Describe delivery areas and loading docks (specify location and design and if below grade and types
of materials expected to be stored)
Describe outdoor materials storage areas (describe and depict locations(s), specify type(s) ofmaterials expected to be stored).
Describe activities that will be routinely conducted outdoors
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Describe any activities associated with equipment or vehicle maintenance and repair, includingwashing or cleaning. Indicates number of service bays or number of fueling islands/fuel pumps, if
applicable
Describe all community facilities such as, laundry, car wash, swimming pools, Jacuzzi, parks, open
spaces, tot lots, etc.
Drainage pattern and connections
II.2 - POLLUTANTS
Identify the potential stormwater or urban runoff pollutants reasonably expected to be associated
with the project
List pollutant of concern
II.3 - HYDROLOGY
Discuss hydrologic conditions of concern
Provide 2-year Storm period computations based on Orange County Hydrology Manual.
II.4 – POST DRAINAGE CHARACTERISTICS
Discuss post development drainage
II.5 - OWNERSHIP
Property ownership/management
Will any infrastructure transfer to a public agency?
______________________________________________________________________
SECTION III, SITE DESCRIPTION
III.1 - PHYSICAL SETTING
Site address
Land Use
Zoning
Acreage
Predominant soil type
III.2 - SITE CHARACTERISTICS
Precipitation Zone
Topography
Drainage pattern/connection
Soil type, geology, and infiltration properties
Hydrogeologic (groundwater) conditions
Geotechnical conditions (relevant to infiltration)
Off-site drainage
Utility and infrastructure information
III.3 - WATERSHED DESCRIPTION
Receiving waters
303(d) listed impairments
Applicable TMDL’s
Pollutants of concern
Hydrologic conditions of concern
Environmentally sensitive and special biological significant areas_____________________________________________________________________
SECTION IV, BEST MANAGEMENT PRACTICES (BMP)
IV. 1 - PROJECT PERFORMANCE CRITERIA
Hydromodification control performance criteria
City of Newport Beach CDP Information & Requirements - Page 11 of 14
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WIHMP
LID performance criteria in detail
Treatment control BMP performance criteria
LID storm capture volume computations
IV.2 - SITE DESIGN AND DRAINAGE PLAN
Site design BMP’s
o Minimize impervious areas
o Maximize natural infiltration
o Disconnect impervious areas
o Protect existing vegetation and sensitive areas
o Re-vegetate disturbed areas
o BMP’s incorporated to the MEP
o List of BMP’s for each DMA
Drainage plan
o Calculations of DCV for each drainage area
IV.3 - LID BMP SELECTION AND PROJECT CONFORMANCE ANALYSIS
List hydrologic source controls
Infiltration BMP’s
Evapotranspiration, and rainwater harvesting BMP’s
Biotreatment BMP’s
Hydromodification control BMP’s
Regional/sub-regional LID BMP’s
Treatment control BMP’s
Non-structural source control BMP’s
Structural source control BMP’s
IV.4 - ALTERNATE COMPLIANCE PLAN
Water quality credits
Alternate compliance plan information______________________________________________________________________
SECTION V, INSPECTION / MAINTENANCE RESPONSIBILITY FOR BMP
List for each BMP, inspection/maintenance requirement, minimum frequency, and responsible party
_______________________________________________________________________
SECTION VI, SITE PLAN AND DRAINAGE PLAN
Has an 11” by 17” plot plan been included?
Do all figures, maps, plot plans, etc. have a legend, including a north arrow and scale?
Are all facilities labeled for the intended function?
Are all areas of outdoor activity labeled?
Are all structural BMPs indicated?
Is drainage flow information, including general surface flow lines, concrete or other surface ditchesor channels, as well as storm drain facilities such as catch basins and underground storm drain pipes
depicted?
Depict where and how on-site drainage ties into the off-site drainage
Provide the following minimum information:
o Project Location
o Site boundary
o Landscape, hardscape, and paved areas
o Suitability/feasibility constraints
o Drainage connections and discharge points
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______________________________________________________________________
SECTION VII, EDUCATIONAL MATERIALS
Provide educational materials
_____________________________________________________________________________________
Additional corrections
City of Newport Beach CDP Information & Requirements - Page 13 of 14 (Posted: 11-28-2017)
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