HomeMy WebLinkAboutZA2024-002 - APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW THE REMODEL AND ADDITION TO AN EXISTING SINGLE-UNIT DWELLING LOCATED AT 421 EDGEWATER PLACE (PA2023-0132)01-10-2023
RESOLUTION NO. ZA2024-002
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING A COASTAL
DEVELOPMENT PERMIT TO ALLOW THE REMODEL AND
ADDITION TO AN EXISTING SINGLE-UNIT DWELLING
LOCATED AT 421 EDGEWATER PLACE (PA2023-0132)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Joseph Sedrak, concerning property located at 421 Edgewater
Place, requesting approval of a coastal development permit. The lot at 421 Edgewater
Place is legally described as Lot 4 Block 2 Balboa Bayside Tract.
2. The applicant requests a coastal development permit (CDP) to allow the remodel and
addition of an existing 2,714-square-foot single-unit dwelling with an attached two-car
garage. The proposed addition consists of approximately 200 square feet and includes a
new third floor at 29-feet-tall, with covered and uncovered decks. The addition is greater
than a 10% increase in height, therefore the proposed project requires a CDP. The
proposed development includes additional appurtenances such as walls, fences, patios,
hardscape, drainage devices, and landscaping. The project complies with all 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 RT (Two Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two-Unit Residential) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-E (Two Unit Residential – 30.0 – 39.9 DU/AC) and it is located within the
R-2 (Two-Unit Residential) Coastal Zoning District.
5. A public hearing was held on January 25, 2024, 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 15301, Division 6, Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) because
it has no potential to have a significant effect on the environment.
2. Class 1 exempts the minor alterations involving negligible or no expansion of use. The
proposed project consists of the addition of approximately 200 square feet to an existing
single-family residence and therefore qualifies within this exemption. There are no
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01-10-2023
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.
SECTION 3. REQUIRED FINDINGS.
By Section 21.52.015 (F) (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 2,956 square feet and the proposed floor area
is 2,893 square feet.
b. The proposed development provides the minimum required setbacks, which are 7
feet along the front property line abutting the public boardwalk and bay, 3 feet along
each side property line, and 5 feet along the rear property line abutting the alley.
c. The highest guardrail is less than 24 feet from the established grade (8.17 feet
NAVD88) and the highest ridge is no more than 29 feet from the established grade,
which complies with the maximum height requirements.
d. The project includes garage parking for a total of two vehicles, complying with the
minimum two -car garage parking requirement for single-family residences with
less than 4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with two- and three -story, single-unit
and two-unit 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 October 24, 2023, for the project. 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 7 feet (NAVD 88) during high tide or storm events.
The report analyzes future sea level rise scenarios assuming a 3-foot increase in the
maximum water level over the next 75 years (i.e., the life of the structure). Therefore,
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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. 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 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 lowest existing finished first floor
elevation of the residence is approximately 9.0 feet NAVD88 and will not be altered as
part of the proposed addition and remodel. The third story addition has a finished floor
elevation of approximately 28 feet NAVD88. The top of the existing bulkhead is at about
an elevation of 7 feet NAVD88. Raising the bulkhead to 10.9 feet NAVD88 would require
a comprehensive upgrade of the shared bulkhead between all of the neighbors that own
a portion of the bulkhead wall with potential impact to the public boardwalk, and
potentially requiring a joint project between the City and private property owners.
Pursuant to the report, the privacy wall on the landward side of the public boardwalk can
protect the site from future overtopping of the bulkhead due to Sea Level Rise. The top
of the existing site privacy wall on the landward side of the boardwalk is approximately
9 feet NAVD88. Pursuant to the recommendations in the Coastal Hazards Report, the
project has been conditioned to raise the privacy wall to 10.9 feet NAVD88 with
adaptability to raise it to 14.4 feet NAVD88 if needed and in compliance with updated
guidelines.
5. Once the existing privacy wall is raised per the report’s recommendations, flooding,
wave run-up, and erosion will not significantly impact this property over the proposed
75-year economic life of the development. A waterproofing curb is also proposed to be
constructed around the perimeter of the dwelling that would protect against flooding up
to an elevation of 10.9 feet (NAVD 88). 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 proposed project will be safe from flooding hazards for the next
75 years with the raised privacy and a flood protection curb. Therefore, the project has
been conditioned to raise the privacy wall and include a flood protection curb structure
up to 10.9 feet (NAVD 88).
6. Under NBMC Section 21.30.030(C)(3)(i)(iv) (Development Standards – Protective
Structures), 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.
7. 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) (Waterfront Development –
Development Standards). This requirement is included as a condition of approval that will
need to be satisfied before the issuance of building permits, respectively.
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8. 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 CBC before building permit issuance.
9. The property is located adjacent to coastal waters. A Construction Erosion Control Plan
was provided to implement temporary Best Management Practices (BMPs) during
construction to minimize erosion and sedimentation and to minimize pollution of runoff and
coastal waters derived from construction chemicals and materials. The project design also
addresses water quality through the inclusion of a post-construction drainage system that
includes drainage and percolation features designed to retain dry weather and minor rain
event runoff on-site. Any water not retained on-site is directed to the City’s storm drain
system.
10. Proposed landscaping complies with Implementation Plan Section 21.30.075
Landscaping). A condition of approval is included that requires drought-tolerant species.
Before the issuance of building permits, the final landscape plans will be reviewed to
verify invasive species are not planted.
11. The project site is not located adjacent to a coastal view road or coastal viewpoint as
identified in the Coastal Land Use Plan. The nearest coastal viewpoint is on Balboa Pier
over 1,000 feet away and is not visible from the site. The site is not visible from any coastal
view roads. The project does not contain any unique features that could degrade the visual
quality of the coastal zone.
12. The front of the proposed residence, which is visible from Edgewater Place, contains
substantial architectural treatment and visual interest, in keeping with the design
guidelines of the Zoning Code. The design includes modulation of volume throughout
the structure, an increased front setback beyond what is required by code (10 to 13 feet
instead of the seven feet that is required), and low walls that prevent the appearance of
the site being walled off from the boardwalk. Therefore, the project does not have the
potential to degrade the visual quality of the coastal zone or result in significant adverse
impacts to 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.
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 (Determination of Public Access / Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
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between the requirement and the project’s impact, and be proportional to the impact. In
this case, the project is a remodel and addition to an existing single-family residence.
Therefore, the project does not involve a change in land use, density or intensity that will
result in increased demand on public access and recreation opportunities. Furthermore,
the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or
impede existing public access opportunities.
2. Vertical access to the bay is available at the ends of the block, along Cypress Street and
Adams Street. Lateral access is available adjacent to the subject property, along the
existing public boardwalk. There is a pedestrian walkway easement along the boardwalk
to ensure public access, as decided by California Superior Court Case 169606. The project
does not include any features that would obstruct access along these routes and no
construction is proposed bayward of the subject property.
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 15301
under Class 1 (Existing Facilities) 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, 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 25TH DAY OF JANUARY, 2024.
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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. Before 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.
3. Before the final building permit inspection, the privacy wall within the front yard adjacent
the boardwalk and including the returns of the wall towards the dwelling shall be raised
in height up to a minimum of 10.9 feet (NAVD88) with adaptability to be raised in the
future to 14.4 feet (NAVD88) if needed.
4. 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.
5. Before the issuance of a building permit, the property owner shall submit a notarized
signed letter acknowledging all hazards present at the site, assuming the risk of injury
or damage from such hazards, unconditionally waiving any claims of damage against
the City from such hazards, and to indemnify and hold harmless City, its City Council, its
boards and commissions, officials, officers, employees, and agents from and against any
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.
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 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.
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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 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.
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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. Before the 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 a building permit, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
19. Before the issuance of a building permit, 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.
20. 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.
21. 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.
22. 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
23. 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.
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24. 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.
25. 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.
26. 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 Sedrak Residence including but not limited to, Coastal
Development Permit (PA2023-0132). 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.