HomeMy WebLinkAboutPC2024-016 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-UNIT DWELLING AND CONSTRUCT A NEW SINGLE-UNIT DWELLING, AND ADJUST THE OFF-STREET PARKING AND HEIGHT REQUIREMENTS CONSISTENT WITH USE PERMIT NO. UP3618 FOR THE PROPERTY LORESOLUTION NO. PC2024-016
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA APPROVING A COASTAL
DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-
UNIT DWELLING AND CONSTRUCT A NEW SINGLE-UNIT
DWELLING, AND ADJUST THE OFF-STREET PARKING AND
HEIGHT REQUIREMENTS CONSISTENT WITH USE PERMIT NO.
UP3618 FOR THE PROPERTY LOCATED AT 11 BAY ISLAND
(PA2024-0017)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Daniel Ramirez of MFKessler (“Applicant”), on behalf of Bay
Island Club (“Owner”), with respect to property located at 11 Bay Island, and legally
described as allotment 11 of Bay Island shown on the official map of Bay Island
(“Property”), requesting approval of a coastal development permit, adjustment to off-street
parking, and a height allowance.
2. On November 24, 1997, the City Council approved Use Permit No. UP3618 to implement
a Planned Residential Development Overlay District, which modified the Multi-Family
Residential (MFR) zoning and development regulations for Bay Island including
authorizing off-site parking. The purpose of Use Permit No. UP3618 is to ensure that future
development maintains the single-unit detached character of Bay Island.
3. The Applicant requests a coastal development permit (“CDP”) to demolish an existing
single-unit dwelling and construct a new 4,917-square-foot, three-story single-unit
dwelling. The CDP also includes adjusting the off-street parking requirements with a
parking management plan and increasing the allowed building height to 28 feet for flat
portions of the roof and 33 feet for sloped portions of the roof in accordance with Use
Permit No. UP3618. The design includes hardscape, drainage facilities, and landscaping.
All improvements are located within the confines of private property (“Project”).
4. The Property is designated Multiple Residential Detached (RM-D) by the General Plan
Land Use Element and is located within the Multiple Residential (RM) Zoning District.
5. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Multiple Unit Residential – 10.0 – 19.9 DU/AC (RM-C) and is located within the Multiple
Residential (RM) Coastal Zone District.
6. A public hearing was held on August 8, 2024, in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of the time, place, and purpose of the hearing was given
in accordance with California Government Code Section 54950 et seq. (“Ralph M.
Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the Newport Beach
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Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The 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 California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”)
because it has no potential to have a significant effect on the environment.
2. Class 3 exempts the demolition and construction of up to three single-family dwellings
in urbanized areas. The Project consists of the demolition of one single-unit dwelling
and the construction of a new single-unit dwelling located within the Multiple Residential
(RM) Coastal Zoning District.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The Project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
4. The Property is not a historic resource under California Public Resources Code Section
21001(b), 20183.3, and 21084.1. The Property has neither been determined to be
eligible as a historic resource or designated as a historic resource under the National
Register, California Register and/or local ordinance. Moreover, the Property has not
been nominated in a survey as a historic resource. Further, the Property does not meet
the definition of a Landmark Structure in Sections 20.70 (Definitions) and 21.70
(Definitions) of the NBMC. Therefore, the Property is not a historic resource, and the
Class 3 exemption applies.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015(F) (Coastal Development Permits – Findings and
Decision) of the NBMC, the following findings and facts in support of the coastal development
permit are set forth as follows:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed design, bulk, and scale of the Project is consistent with the existing single-
unit dwelling neighborhood pattern of development and expected future development of
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Bay Island in that it is consistent with the development standards authorized by Use
Permit No. UP3618.
2. The Project complies with applicable residential development standards including, but
not limited to, floor area limitation, setbacks, height, and open space.
a. The maximum cumulative floor area limitation for all residential development on
Bay Island is approximately 143,916 square feet and the proposed cumulative
floor area is approximately 130,095 square feet.
b. The Project complies with the required setbacks as set forth in Section 21.18.030
(Residential Coastal Zoning Districts General Development Standards) of the
NBMC, which are 20 feet along all exterior property lines.
c. The Project complies with the required height limitations as set forth in Section
21.18.030 (Residential Coastal Zoning Districts General Development
Standards) of the NBMC. The maximum height in RM Coastal Zoning District is
28 feet for flat roofs and 33 feet for sloped roofs. The Project’s highest flat
elements of the roof are no more than 28 feet from the established grade and the
highest ridge is no more than 33 feet from the established grade, which meets
the maximum height requirements of Section 21.18.030.
d. The minimum required common open space on Bay Island is 1,725 square feet
and the proposed common open space is approximately 106,710 square feet.
e. The minimum required private open space for the Project is 246 square feet and
the proposed private open space is approximately 537 square feet.
3. The Project includes over 4,000 square feet of livable area and requires three garage
parking spaces pursuant to Section 21.40.040 (Off-Street Parking Spaces Required) of
the NBMC. However, the Project complies with Section 21.40.110 (Adjustments to Off-
Street Parking Requirements) of the NBMC in that a parking management plan is being
provided as follows:
a. Bay Island is accessed by a gated pedestrian bridge and the only vehicles
permitted on the island are golf carts. The Project includes a dedicated 178-
square-foot garage for on-site golf cart parking.
b. Off-site parking is provided in a parking structure located at 501 West Bay Avenue
pursuant to Use Permit No. UP3618, previously approved by the Planning
Commission in 1997. The parking structure includes 49 parking spaces
designated for the 23 existing single-unit dwellings on Bay Island, equating two
or more off-site spaces per residence.
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4. Bay Island is predominantly developed with two- and three-story, single-unit dwellings.
The proposed design, bulk, and scale of the Project will be consistent with the existing
neighborhood pattern of development and expected future development.
5. Under Section 21.30.030(C)(3)(i)(iv) – (Natural Landform and Shoreline Protection) of
the NBMC, the 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.
6. The 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
Standards). This requirement is included as a condition of approval that will need to be
satisfied before the issuance of building permits.
7. The Project fronts the Newport Bay with a sandy beach separating the Property and the
water. A project-specific Coastal Hazard and Sea Level Rise Analysis Report was
prepared by GeoSoils, Inc. dated March 6, 2024. The current maximum bay water
elevation is 7.7 feet NAVD 88 (North American Vertical Datum of 1988). The report
analyzes future sea level rise scenarios assuming a 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 9.7 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 existing community bulkhead was reinforced and capped to 9 feet NAVD
88 in 2014 and can be increased in height in the future. The report concluded that
shoreline movement, waves and wave runup, and flooding will not significantly impact
this Property over the life of the Project with future sea level rise. The need for a new
shoreline protective device is not anticipated over the economic life of the Project to
protect it from shoreline movement, waves and wave runup, or flooding. A condition of
approval is included to require waterproofing of principal structures up to a height of 10.9
feet (NAVD 88) with adaptability up to 14.4 NAVD 88. The report concludes that no site-
specific protective devices will be necessary to protect the proposed development from
any existing or anticipated future coastal hazards for the next 75 years or more.
8. Under Section 21.35.050 of the NBMC, due to the proximity of the development to the
shoreline and the development containing more than 75 percent of impervious surface
area, a Water Quality and Hydrology Plan (WQHP) is required. A WQMP has been
prepared for the project by MFKessler dated February 2024. The WQHP includes a
polluted runoff and hydrologic site characterization, a sizing standard for BMPs, the use
of a Low Impact Development (LID) approach to retain the design storm runoff volume
on-site, and documentation of the expected effectiveness of the proposed BMPs.
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9. The finished floor elevation of the proposed single-unit dwelling is 10.00 feet (NAVD 88),
which complies with the minimum 9.0-foot (NAVD 88) elevation standard.
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. Proposed landscaping complies with Section 21.30.075 (Landscaping) of the NBMC. 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.
12. The Project is not located adjacent to a coastal view road, public viewpoint, or public
accessway, as identified in the Coastal Land Use Plan. The Project is located within the
viewshed of public beaches at the nearby street ends on the Balboa Peninsula. The
Project is also located within the viewshed of distant public viewing areas. However, the
Project will replace an existing single-unit dwelling with a new single-unit dwelling that
complies with all applicable Local Coastal Program development standards and
maintains a building envelope consistent with the existing neighborhood pattern of
development. Further, the Project maintains a maximum height of 33 feet where the
Local Coastal Program development standards allow a maximum height up to 33 feet.
Therefore, the Project does not have the potential to degrade the visual quality of the
Coastal Zone or result in significant adverse impacts to public views.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Facts in Support of Finding:
1. The Project is located between the nearest public road and the sea or shoreline in the
private community of Bay Island. Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) of the NBMC 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. The Project involves the demolition of a single-unit
dwelling and the construction of a new single-unit dwelling. The Project also includes
off-site parking in a parking garage with golf cart access through Island Avenue and
across the gated pedestrian bridge to Bay Island. Therefore, there is no change in land
use and the proposed increases in floor area, height and bulk will not result in any
significant adverse impacts to public recreation, access or views or otherwise diminish
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the public’s use of the ocean, harbor, bay, channels, estuaries, salt marshes, sloughs,
beaches, coastal parks, trails, or coastal bluffs.
2. Vertical and lateral access to the bay front is available adjacent to the Bay Island
community at the street ends along the Balboa Peninsula and across the pedestrian
bridge to Bay Island (approximately 160 feet from the Property). Lateral access to the
bay front is also available along the sandy beachfront of the abandoned Edgewater
Avenue adjacent to the Bay Island Bridge, and the passive sitting area adjacent to the
Bay Island Bridge.
Parking Requirements
In accordance with Section 1.5.4 (Parking) of Use Permit No. UP3618, the following finding,
and facts in support of the parking requirements are set forth as follows:
Finding:
C. Two (2) off-street parking spaces, including one (1) covered, shall be maintained for
each dwelling unit, including any caretaker’s residences.
Facts in Support of Finding:
1. Although Section 21.40.100 (Off-Site Parking) of the NBMC requires certain findings for
off-site parking, Use Permit No. UP3618, which was adopted prior to Section 21.40.100,
authorizes off-site parking provided that an adequate number of off-site parking spaces
are provided for the Project. No additional findings pursuant to Title 21 (Local Coastal
Program Implementation Plan) are necessary to authorize the off-site parking that was
previously authorized.
2. Use Permit No. UP3618 requires two off-street parking spaces per dwelling unit.
3. Off-site parking is provided in a parking structure located at 501 West Bay Avenue
pursuant to Use Permit No. UP3618. The parking structure includes 49 parking spaces
designated for the 23 existing single-unit dwellings on Bay Island which provides two or
more off-site spaces per residence.
Height Increase
In accordance with Section 1.5.5 (Building Height) of Use Permit No. UP3618, the following
finding and facts in support of finding for a height increase are set forth as follows:
Finding:
D. The proposed building height is compatible and consistent with the height and scale of
adjacent and surrounding dwellings.
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Facts in Support of Finding:
1. Use Permit No. UP3618 allows the height of residential dwellings to be increased from
24 feet up to 28 feet, using the measurement of height defined in Title 20 (Planning and
Zoning) of the NBMC, if found to be compatible with the height and scale of adjacent
and surrounding dwellings. The NBMC measure of height for residential buildings allows
an additional 5 feet in height for sloping roofs with a minimum 3:12 pitch. Therefore, a
24-foot height limit allows up to 29 feet for sloping roofs and a 28-foot height limit allows
up to 33 feet for sloping roofs.
2. The proposed single-unit dwelling features a sloping roof with a minimum 3:12 pitch up
to a maximum height of 33 feet, consistent with the provisions of Use Permit No. UP3618
and Section 21.18.030 (Residential Coastal Zoning Districts General Development
Standards) of the NBMC.
3. The majority of the dwelling units on Bay Island were constructed prior to 1972, when
the Zoning District was R-3 and allowed for a height of 35 feet. The majority of the
existing residences on Bay Island are similar in height to the proposed dwelling.
Therefore, the proposed building height is compatible and consistent with the height and
scale of adjacent and surrounding dwellings.
4. The Bay Island Homeowners’ Association has indicated, through a letter stating
approval of conceptual plans, that the increase in height is consistent with the Bay Island
scale of development.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act 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.
2. The Planning Commission of the City of Newport Beach hereby approves the Coastal
Development Permit (PA2024-0017) subject to the conditions outlined in Exhibit “A,” which
is attached hereto and incorporated herein 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 in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan), of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035
(Appeal to the Coastal Commission) of the NBMC and Title 14 California Code of
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Regulations, Sections 13111 through 13120, and Section 30603 of the California Public
Resources Code.
PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF AUGUST, 2024.
AYES: Ellmore, Langford, Rosene, and Salene
NOES: None
ABSTAIN: None
ABSENT: Barto, Harris, and Lowrey
BY:_________________________
Curtis Ellmore, Chair
BY:_________________________
Seimone Jurjis, Ex-Officio Secretary
Attachment(s): Exhibit A – Conditions of Approval
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. Prior to issuance of a building permit, the Applicant shall prepare a construction
management plan to minimize impacts to adjacent residences on Island Avenue and
Edgewater Avenue to be reviewed and approved by the Community Development and
Public Works Directors.
3. A minimum of two parking spaces, including one covered, shall be maintained for the
dwelling unit at the parking structure located at 501 West Bay Avenue (Lots 2, 3, 4, 5, 6
of Block 3, of East Newport Tract).
4. A minimum of one enclosed parking space shall be maintained onsite for golf cart
parking.
5. All principal structures shall be waterproofed to a minimum height of 10.9 feet NAVD 88
and designed for future waterproofing up to a height of 14.4 NAVD 88.
6. Prior to issuance of final building permits, 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.
7. Prior to issuance of building permits, the property owner shall submit a notarized signed
letter acknowledging all hazards present at the site, assuming the risk of injury or
damage from such hazards, unconditionally waiving any claims of damage against the
City from such hazards, and to indemnify and hold harmless City, its City Council, its
boards and commissions, officials, officers, employees, and agents from and against any
claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs, and expenses (including without limitation,
attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever
which may arise from or in any manner relate (directly or indirectly) to City’s approval of
the development. This letter shall be scanned into the plan set before building permit
issuance.
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8. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
9. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Coastal
Development Permit.
10. This Coastal Development Permit filed as PA2024-0017 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.
11. This Coastal Development Permit may be modified or revoked by the Planning
Commission should they determine that the proposed uses or conditions under which it
is being operated or maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
12. 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.
13. A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
14. Prior to the issuance of building permits, the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall incorporate
drought tolerant plantings and water efficient irrigation practices, and the plans shall be
approved by the Planning Division.
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15. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
16. Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
17. Construction activities shall comply with Section 10.28.040 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.
18. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
19. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of Shea Residence including, but not limited to, Coastal Development
Permit (PA2024-0017). This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred
in connection with such claim, action, causes of action, suit or proceeding whether incurred
by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant
shall indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The applicant
shall pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
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