HomeMy WebLinkAbout03_Wickett Residence CDP_PA2023-0140
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 30, 2023
Agenda Item No. 3
SUBJECT: Wickett Residence (PA2023-0140)
Coastal Development Permit
SITE LOCATION: 309 East Bay Front
APPLICANT/OWNER: Oldham Architects
PLANNER: Daniel Kopshever, Assistant Planner
949-644-3235, dkopshever@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
General Plan: RT (Two Unit Residential)
Zoning District: R-BI (Two-Unit Residential, Balboa Island)
Coastal Land Use Designation: 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 carport, the construction of a new 449-square-foot detached garage, a 319-square-
foot addition, a 215-square-foot second floor deck, and stairs to a third-floor deck. The
existing development is a two-story, 1,948-square-foot single unit dwelling. The existing
structure is non-conforming due to encroaching into the westerly side yard setback area.
The project complies with all other applicable development standards and no additional
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 the Coastal
Development Permit filed as PA2023-0140 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject property is in the R-BI Coastal Zoning District, which provides for two-
unit residential development 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 in the Appeal Area.
The property currently consists of one legal lot developed with a single-unit dwelling.
The neighborhood is predominantly developed with two-story, single-unit
dwellings. The proposed design, bulk, and scale of the development are consistent
with the existing neighborhood pattern of development and the expected future
development is consistent with applicable development standards.
The existing single-unit dwelling is non-conforming due to side yard setbacks. The
proposed addition and remodel would not increase the severity of this non-conformity
and will comply with all other applicable development standards, including floor area
limit, height, and off-street parking as evidenced by the project plans and illustrated
in Table 1 below.
Table 1 – Development Standards1
Development Standard Standard Proposed
Setbacks (min.)
Front (East Bay Front) 5 feet 5 feet
Front (Crystal Avenue) 0 feet 0 feet
Side 3 feet 3 feet (Addition)
1 foot 9 inches (west side
yard) (Existing structure)
Allowable Floor Area (max.) 2,720 square feet 2,719 square feet
Open Space (min.) 252 square feet 402 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
Hazards
The applicant requests a CDP to allow the demolition of an existing carport,
construction of a new attached two-car garage, and an addition to an existing single-
unit dwelling.
1 The proposed structure does not include a third story. Therefore, the third-floor development standards
are not included in the development standards table.
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A Coastal Hazards Report and Sea Level Rise Analysis was prepared by
GeoSoils, Inc. dated July 7, 2023. The maximum bay water elevation is 7.7 feet
NAVD 88 (North American Vertical Datum of 1988 (NAVD 88) and may exceed the
current top of bulkhead elevation of 9.1 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).
The finished floor elevation of the existing single-unit dwelling is 8.58 feet (NAVD
88). However, the new area of addition (living area) has a finished floor elevation
of approximately 17.5 feet NAVD88 which complies with the minimum 9.00-foot
(NAVD 88) elevation standard. Additionally, the project is conditioned to provide
waterproofing up to 10.9 feet NAVD88, which would protect the existing first floor
of the single-unit dwelling from flooding events and future sea level rise.
Most of the streets on Little Balboa Island are approximately 6.5 feet (NAVD88), and
flooding on Little Balboa Island is an existing coastal hazard. The public boardwalk
is continuous and provides public access around the entire island. The existing
bulkhead is owned by the City of Newport Beach; therefore, the adjacent property
owner is not able to increase the height of the bulkhead as part of this CDP. If the
City adopts comprehensive sea level rise adaptation strategies to protect the public
streets and public access areas that are already experiencing flooding, then the
property owner will also be protected as a result. As a condition of approval, the
property owner will be required to waive their rights to future protection devices and
acknowledge coastal hazards present at the site.
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 before 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 the CBC before building permit
issuance.
Water Quality
As conditioned, the project design will address 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
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Wickett Residence (PA2023-0140)
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rain event runoff on-site. Any water not retained on-site will be directed to the City’s
storm drain system.
Public Access and Views
The closest designated Public Viewpoint is the Park Avenue bridge, located
approximately 700 feet to the southwest of the property. Due to the distance of the
proposed development from the Public Viewpoint as well as the intervening
development between, the project will not be visible from the aforementioned
locations and will not result in impacts to coastal views.
As a bayfront property, the north elevation of the new development will be visible
from the water. The proposed addition complies with all required setbacks which
minimize the appearance of building bulk, and the design uses architectural
treatments which will enhance views from the water. Further, the RB-I Zoning District
allows the construction of three stories, where only two stories are proposed, thereby
reducing the bulk and scale of the structure. Therefore, the project does not have the
potential to degrade the visual quality of the Coastal Zone or result in significant
adverse impacts on public views.
Vertical access to Little Balboa Island and the East Bay Front boardwalk is available
at the Park Avenue bridge that connects Balboa Island to Little Balboa Island. The
project is adjacent to the Boardwalk, which provides lateral access around Little
Balboa and Balboa Island. The project does not include any features that would
obstruct access along this route.
The Newport Beach Municipal Code (NBMC) 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 improves an existing single-family
residence located on a standard R-BI lot. 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 project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 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 results in an addition to an
existing single-family dwelling unit located on a standard R-BI lot. 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.
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ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) under 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.
Class 3 exempts the demolition, construction, or conversion of up to three single-family
residences in urbanized areas. The proposed project consists of the demolition of an
existing carport, the construction of a new 449 square-foot garage, 319 square feet of
living space, interior remodeling, and new outdoor decks. Therefore, the project qualifies
within this exemption. There are no known exceptions listed in CEQA Guidelines Section
15300.2 that would invalidate the use of this exemption. 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.
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 Municipal Code. 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 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. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
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Attachments: ZA 1 Vicinity Map
ZA 2 Draft Resolution
ZA 3 Project Plans
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Attachment No. ZA 1
Vicinity Map
7
VICINITY MAP
Wickett Residence Coastal Development Permit
(PA2023-0140)
309 East Bay Front
Subject Property
8
Attachment No. ZA 2
Resolution
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RESOLUTION NO. ZA2023-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF NEWPORT BEACH APPROVING A COASTAL
DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING
CARPORT AT A SINGLE-UNIT DWELLING AND
CONSTRUCT A NEW ATTACHED TWO-CAR GARAGE AND
ROOM ADDITION AT 309 EAST BAY FRONT (PA2023-0140)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS
AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Ryan Oldham of Oldham Architects, concerning property
located at 309 East Bay Front and legally described as Lot 31 of Tract No. 742,
requesting approval of a coastal development permit.
2. The applicant requests a coastal development permit (CDP) to allow the construction
of a 768 square foot addition to an existing two-story 1,948 square foot single-unit
residence. The proposed addition includes the demolition of an existing carport and
the construction of a new 449 square-foot attached two-car garage with a 319 square
foot room addition above. The project also includes interior remodeling and new
second and third floor deck areas. A CDP is required because the proposed addition
exceeds 10% of the existing gross floor area. The total gross floor area after the
addition would be approximately 2,719 square feet. The project complies with all
applicable development standards and no deviations are requested. All
improvements authorized by this CDP will be located on private property.
3. The subject property is designated Two Unit Residential (RT) by the General Plan
Land Use Element and is located within the Two-Unit Residential, Balboa Island (R-
BI) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Two Unit Residential (RT-E) (30.0 – 39.9 DU/AC) and it is located within
the Two-Unit Residential, Balboa Island (R-BI) Coastal Zoning District.
5. A public hearing was held on November 30, 2023, online via Zoom. A notice of the
time, place, and purpose of the hearing was given by 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
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or Conversion of Small Structures) because it has no potential to have a significant
effect on the environment.
2. Class 3 exempts the demolition, construction, or conversion of up to three single-
family residences in urbanized areas. The proposed project consists of the
demolition of an existing carport, the construction of a new 449 square-foot garage,
319 square feet of living space, interior remodling, and new outdoor decks.
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.
By Section 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the
NBMC, the following findings, and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed addition and remodel project complies with applicable residential
development standards including, but not limited to, floor area limitation, setbacks,
height, and parking.
2. The maximum floor area limitation is 2,720 square feet and the proposed floor area
is approximately 2,719 square feet.
3. The proposed project provides the minimum required setbacks, which are 5 feet
along the front property line abutting the Newport Bay, 3 feet along each side
property line, and 0 feet along the rear property line abutting Crystal Avenue. The
existing single-unit dwelling is a non-conforming structure due to setbacks because
the existing westerly wall encroaches into the 3-foot side setback area
approximately 1 foot and 3 inches. No changes are proposed to the area of
encroachment and the project complies with Section 21.38.040 (Nonconforming
Structures) of the NBMC, which limits additions to non-conforming structures to a
maximum of 50% within a 10-year period. The project proposes an addition that is
approximately 38% of the existing floor area, and no other additions have been
constructed in the last 10 years. The project complies with the requirements of
Section 21.38.040(G) (Nonconforming Structures - Additions) of the NBMC.
4. The highest guardrail is less than 24 feet from the established grade (7.26 feet
NAVD88) and the highest ridge is no more than 29 feet from the established grade,
which complies with the maximum height requirements.
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5. The project includes a new 449 square foot garage for a total of two vehicles,
complying with the minimum two-car garage parking requirement for single-unit
dwellings with less than 4,000 square feet of habitable floor area.
6. The neighborhood is predominantly developed with two-story, single-unit
dwellings. The proposed design, bulk, and scale of the development are consistent
with the existing neighborhood pattern of development.
7. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by
GeoSoils, Inc. dated July 7, 2023. The maximum bay water elevation is 7.7 feet
NAVD 88 (North American Vertical Datum of 1988 (NAVD 88) and may exceed the
current top of bulkhead elevation of 9.1 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).
8. The finished floor elevation of the existing single-unit dwelling is 8.58 feet (NAVD
88). However, the new area of addition (living area) has a finished floor elevation
of approximately 17.5 feet NAVD88 which complies with the minimum 9.00-foot
(NAVD 88) elevation standard. Additionally, the project is conditioned to provide
waterproofing up to 10.9 feet NAVD88, which would protect the existing first floor
of the single-unit dwelling from flooding events and future sea level rise.
9. Most of the streets on Little Balboa Island are approximately 6.5 feet (NAVD88), and
flooding on Little Balboa Island is an existing coastal hazard. The public boardwalk
is continuous and provides public access around the entire island. The existing
bulkhead is owned by the City of Newport Beach; therefore, the adjacent property
owner is not able to increase the height of the bulkhead as part of this CDP. If the
City adopts comprehensive sea level rise adaptation strategies to protect the public
streets and public access areas that are already experiencing flooding, then the
property owner will also be protected as a result. As a condition of approval, the
property owner will be required to waive their rights to future protection devices and
acknowledge coastal hazards present at the site.
10. 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 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 the CBC before building permit
issuance.
11. As conditioned, the project design will address 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
12
rain event runoff on-site. Any water not retained on-site will be directed to the City’s
storm drain system.
12. The closest designated Public Viewpoint is the Park Avenue bridge, located
approximately 700 feet to the southwest of the property. Due to the distance of the
proposed development from the Public Viewpoint as well as the intervening
development between, the project will not be visible from the aforementioned
locations and will not result in impacts to coastal views.
13. As a bayfront property, the north elevation of the new development will be visible
from the water. The proposed addition complies with all required setbacks which
minimize the appearance of building bulk, and the design uses architectural
treatments which will enhance views from the water. Further, the RB-I Zoning District
allows the construction of three stories, where only two stories and a third-floor roof
deck are proposed, thereby reducing the bulk and scale of the structure. Therefore,
the project does not have the potential to degrade the visual quality of the Coastal
Zone or result in significant adverse impacts on 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.
Fact in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 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 results in an addition to an
existing single-unit dwelling located on a standard R-BI lot. 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 access to Little Balboa Island and the East Bay Front boardwalk is available
at the Park Avenue bridge that connects Balboa Island to Little Balboa Island. The
project is adjacent to the Boardwalk, which provides lateral access around Little
Balboa and Balboa Island. The project does not include any new features that would
obstruct access along this route.
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 under Section
13
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 Coastal
Development Permit (PA2023-0140), 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 30TH DAY OF NOVEMBER, 2023.
_____________________________________
Jaime Murillo, Acting Zoning Administrator
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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. 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.
3. Prior to the final building permit inspection, 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
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 the City’s approval of the development. This letter shall
be scanned into the plan set before building permit issuance.
4. Prior to the issuance of building permits, a waterproofing curb or similar design
feature shall be constructed around the proposed residence as an adaptive flood
protection device up to a minimum of 10.9 feet (NAVD88). Flood shields (sandbags
and other methods) can be deployed across the openings to protect and prevent
flooding to the structure.
5. This approval does not authorize any new or existing improvements (including
landscaping) on California Coastal Permit Jurisdiction, State tidelands, public
beaches, or the public right-of-way. Any improvements located on tidelands,
submerged lands, and/or lands that may be subject to the public trust shall require
a coastal development permit (CDP) approved by the California Coastal
Commission (Coastal Commission). Before the issuance of building permits, the
applicant shall provide a copy of said coastal development permit or CDP waiver
or documentation from the Coastal Commission that subject improvements are not
subject to the permit requirements of the Coastal Act and/or not located within the
permit jurisdiction of the Coastal Commission.
6. No demolition or construction materials, equipment debris, or waste, shall be
placed or stored in a location that would enter the sensitive habitat, receiving
15
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.
7. This Coastal Development Permit does not authorize any development seaward
of the private property.
8. 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:
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.
9. 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.
10. 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.
11. 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.
12. 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
16
disposed of in adequate disposal facilities at a legal disposal site or recycled at a
recycling facility.
13. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
14. The project is subject to all applicable City ordinances, policies, and standards
unless specifically waived or modified by the conditions of approval.
15. 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.
16. 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.
17.Prior to 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.
18.Prior to 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.
19.Prior to 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.
20.Prior to 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.
21. All landscape materials and irrigation systems shall be maintained by 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.
22. 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. Noise-generating construction
activities are not allowed on Saturdays, Sundays, or Holidays.
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23. 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 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
24. Before the issuance of the building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the
Planning Division.
25. 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.
26. 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.
27. 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 Wickett
Residence including but not limited to, Coastal Development Permit (PA2023-
0140). 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.
18
Attachment No. ZA 3
Project Plans
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10.18.2023 CDP SUBMITTAL #2
NAME
ROOM #
Abbreviations and Symbol Legend Sheet Index
Project Contacts
Zoning & Code Information
Vicinity Map
Description of Work
Architect's Notes to Contractor / Owner
Deferred Agency Submittals
Owner / Contractor Submittals for Architect Review
Owner Architect
Plot Plan 1Scale: 316" = 1'-0"
A0.0
Project InformationPlot Plan
Governing Agencies
CRYSTAL AVE
(N) DETACHED
GARAGE BELOW
x
x
x
(N) BONUS ROOM@ 2ND FLOOR
(E) SINGLE FAMILY RESIDENCE
(N) DECK
AREA BY FOOTPRINT
GROSS LIVING SPACE
MAX GROSS FLOOR AREA
OPEN SPACE REQUIREMENT
Area Calculations Summary
ESTABLISHED BASIS OF GRADE
EAST BAY FRONT
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Floor AreaCalculations
Floor Area Calculations
Area Calculations
BUILDING ZONING REQUIREMENTS
BUILDING SUMMARY
AREA 1A
AREA 1D
AREA 1B
AREA 1C
AREA 2A
AREA 2B AREA 2C
AREA 2E
OS 2A
OS 1A
1Scale: 14" = 1'-0"
AREA 1E
AREA 1F
AREA 2D
AREA 2F
OS 3A
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(N
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(N 30°00'00" W 30.00')
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LO
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A1.1
Establishment
Grade
Grade Establishment 1Scale: 316" = 1'-0"
(N) DETACHED
GARAGE BELOW
(N) BONUS ROOM@ 2ND FLOOR
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A2.0
Existing Floor &Demo Plan
Plan Legend
Keynotes
Demo Plan Notes
Second Floor- Existing Floor Plan / Demo Plan 1Scale: 14" = 1'-0"2Scale: 14" = 1'-0"First Floor- Existing Floor Plan / Demo Plan
(E) CARPORT
(E) PWDR
(E) KITCHEN
(E) LIVING(E) MAIN BATH
(E) BATH 1
(E) DINING
(E) LDRY
(E) BEDROOM 2
(E) OFFICE
(E) MAIN BEDROOM
(E) FAMILY ROOM
(E) CLOSET
(E) ENTRYFOYER
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DOOR & WINDOW CALL-OUTS:
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A2.1
New Floor Plan
New Floor Plan- Second Floor 1Scale: 14" = 1'-0"
Keynotes
Floor Plan Notes
Plan Legend
2Scale: 14" = 1'-0"
(N) 2-CAR GARAGE
(E) PWDR
(E) KITCHEN
(E) LIVING
(E) MAIN BATH
(R) BATH 1
(E) DINING
(E) LDRY
(R) BEDROOM 2
(E) OFFICE
(E) MAIN BEDROOM
(E) FAMILY ROOM
(E) CLOSET
(N) BONUS ROOM
(N)
BATH
(N) DECK
(E) ENTRY
FOYER
New Floor Plan- First Floor
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A2.2
Roof Plan
New Floor Plan
1Scale: 14" = 1'-0"
Keynotes
Floor Plan Notes
Plan Legend
(N) ROOF DECK
(E) ROOF AREA
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A3.0
Exterior Elevations-
Front Exterior Elevation 1Scale: 14" = 1'-0"
Material Legend
Keynotes
Elevation Notes
3Scale: 14" = 1'-0"
4Scale: 14" = 1'-0"
Rear Exterior Elevation2Scale: 14" = 1'-0"
Side Exterior Elevation
Side Exterior Elevation
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A4.0
Building Sections-
1Scale: 14" = 1'-0"Building Section
2Scale: 14" = 1'-0"Building Section
(N) 2-CAR GARAGE
(N) BONUS ROOM
(N) 2-CAR GARAGE
(N) BONUS ROOM
x xxxx
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27
November 30, 2023, Zoning Administrator Item 3 Comments
These comments on a Newport Beach Zoning Administrator agenda item are submitted by:
Jim Mosher (jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 3. Wickett Residence Coastal Development Permit
(PA2023-0140)
Fact in Support of Finding 3.A.2 on handwritten page 11 says “the project complies with Section
21.38.040 (Nonconforming Structures) of the NBMC, which limits additions to non-conforming
structures to a maximum of 50% within a 10-year period. The project proposes an addition that
is approximately 38% of the existing floor area, and no other additions have been constructed in
the last 10 years. The project complies with the requirements of Section 21.38.040(G)
(Nonconforming Structures - Additions) of the NBMC.”
Staff appears to be reading a different Section 21.38.040 than is presently posted (codifying the
second Section 4 of Ordinance No. 2019-5). That code: (1) says non-conforming residential
structures can be expanded by up to 75%, (2) it says nothing I can find about a 10-year period
1
and (3) excludes 400 sf of a new two-car garage for purposes of computing whether the 75%
limit has been reached. In addition, it requires the review authority to consider three very
specific factors stated in subsection G.2.a, G.2.b and G.2.c. I am unable to find any of those
specifically addressed in the staff report or proposed resolution. A conclusory statement that
“The project complies with the requirements of Section 21.38.040(G) (Nonconforming Structures
- Additions) of the NBMC” without the required considerations seems insufficient.
Although a much more minor point, it is also unclear if the statements that the resulting gross
floor area will be “approximately 2,719 square feet” are typos? The numbers provided – 768
square feet added to an existing 1,948 square foot structure – would seem to add to 2,716
square feet.
1 Such a provision does appear in NBMC Section 20.38.040.G.1. I cannot find it in Title 21, which controls
for purposes of approving coastal development permits per NBMC Section 21.12.020.D.
Zoning Administrator - November 30, 2023 Item No. 3a Additional Materials Received Wickett Residence CDP (PA2023-0140)