HomeMy WebLinkAboutZA2019-062 - APPROVING TENTATIVE PARCEL MAP NO. NP2019-008 AND COASTAL DEVELOPMENT PERMIT NO. CD2019-024 FOR THE DEMOLITION OF AN EXISTING FOUR-UNIT RESIDENTIAL STRUCTURE AND THE SUBDIVISION OF THE EXISTING PARCEL INTO TWO SEPARATE PARCELS (PA2019-085) RESOLUTION NO. ZA2019-062
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2019-008 AND COASTAL DEVELOPMENT PERMIT
NO. CD2019-024 FOR THE DEMOLITION OF AN EXISTING
FOUR-UNIT RESIDENTIAL STRUCTURE AND THE
SUBDIVISION OF THE EXISTING PARCEL INTO TWO
SEPARATE PARCELS (PA2019-085)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jeffery and Michele Bethel and Stephen and Shelly Ridge, with
respect to property located at 365 Via Lido Soud Units 1, 2, 3, and 4 and legally described
as Lot 923 and the southeasterly 10 feet of Lot 922 and half of lot 924, requesting approval
of a tentative parcel map and a coastal development permit.
2. The applicant requests a tentative parcel map and coastal development permit to subdivide
the property into two separate parcels. The coastal development permit result also includes
the demolition of an existing four-unit residential structure and waiver of the minimum lot
width and area standard associated with the proposed subdivision. No new construction is
proposed as a part of this project.
3. The subject property is located within the Multi-Unit Residential (RM) Zoning District and
the General Plan Land Use Element category is Multiple-Unit Residential (RM).
4. The subject property is located within the coastal zone and has a Coastal Land Use
Designation of Multiple Unit Residential (RM-E) and a Coastal Zoning District of Multi-Unit
Residential (RM).
5. On July 19, 2019, the Community Development Director approved Staff Approval No.
SA2019-004 (PA2019-085) finding the demolition of four units within one structure
compliant with Zoning Code Chapter 20.34 and Local Coastal Program Implementation
Plan Chapter 21.34 (Conversion or Demolition of Affordable Housing). The staff approval
concluded that there will be no conversion of residential to nonresidential uses, and none
of the units are and/or were occupied by low- and moderate-income families or persons.
6. A public hearing was held on September 26, 2019 in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt pursuant to the State
CEQA (California Environmental Quality Act) Guidelines under Class 1 (Existing
Facilities) and Class 3 (New Construction or Conversion of Small Structures).
2. Class 1 exempts the demolition of single-family, duplex, and multifamily structures
where no more than six units are demolished. In this case, the project involves the
demolition of a four-unit multi-family structure.
3. Class 3 exempts the construction of single-family residences, duplexes, and apartments
designed for not more than six dwelling units. In the case, the subdivision would result
in two parcels that can accommodate up to two dwellings each, for a total of four units.
4. The exceptions to these categorical exemptions 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.
Tentative Parcel Map for Subdivision
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of Title 20 (Planning and Zoning) of the Newport Beach Municipal
Code and is approved based on the following findings per Section 19.12.070 (Required
Findings for Action on Tentative Maps) of Title 19:
Finding:
A. That the proposed map and the design or improvements of the subdivision are consistent
with the General Plan and any applicable specific plan, and with applicable provisions of
the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
1. The Tentative Parcel Map is for the purpose of subdividing an existing parcel into
two separate parcels. The existing structure is two stories and consists of four units
with an attached six-car garage. The proposed subdivision and improvements are
consistent with the density of the RM Zoning District and the current General Plan
Land Use Designation (Multiple-Unit Residential).
2. The subject property is not located within a specific plan area.
3. The project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the Via Lido Soud frontage,
consistent with the Subdivision Code (Title 19).
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Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The existing configuration of the lot has a maximum density of five units, as
restricted by the General Plan and Zoning Code (6,300 sq. ft. lot / 1,200 sq. ft.
minimum site area per unit= 5.25 or 5 units). The proposed subdivision would create
two separate 3,150-square-foot parcels. Each parcel would have a maximum
density of two units (3,150 sq. ft. / 1,200 sq. ft. minimum site area = 2.6 or 2 units),
resulting in a total of four units allowable on two lots.
2. Each lot is physically suitable for up to two units of development because they are
regular in shape.
3. Each lot would be accessible from Via Lido Soud and would be adequately served
by existing utilities.
4. The subject property is located near the Newport Bay, but is separated from the
water by a public boardwalk and small intertidal beach. A coastal hazards report,
prepared by GeoSoils, Inc. on September 16, 2019, concludes that the reconfigured
parcels will be developed safe from hazards, which includes shoreline movement,
waves and wave runup, and flooding with future sea level rise, for a minimum of 75
years. There are no shoreline protective devices serving the subject property, and
new shoreline protective devices are not necessary to protect future development
on the resultant parcels.
Finding:
C. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife or
their habitat. However, notwithstanding the foregoing, the decision making body may
nevertheless approve such a subdivision if an environmental impact report was prepared
for the project and a finding was made pursuant to Section 21081 of the California
Environmental Quality Act that specific economic, social, or other considerations make
infeasible the mitigation measures or project alternatives identified in the environmental
impact report.
Facts in Support of Finding:
1. A four-unit structure will be demolished and the existing parcel will be subdivided into
two separate parcels. Future development would be limited to four units per maximum
density standards.
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2. The property is located in an urbanized area that does not contain any sensitive
vegetation or habitat.
3. The project is categorically exempt under Section 15301 (Article 19 of Chapter 3),
of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing
Facilities) and Section 15302 - Class 3 (New Construction or Conversion of Small
Structures).
Finding:
D. That the design of the subdivision or the type of improvements is not likely to cause serious
public health problems.
Facts in Support of Finding:
1. The Tentative Parcel Map is for the purpose of subdividing an existing lot into two
distinct parcels. All improvements associated with the project will comply with all
Building, Public Works, and Fire Codes, which are in place to prevent serious public
health problems. Public improvements will be required of the developer per Section
19.28.010 (General Improvement Requirements)of the Municipal Code and Section
66411 (Local Agencies to Regulate and Control Design of Subdivisions) of the
Subdivision Map Act. All ordinances of the City and all Conditions of Approval will
be complied with.
Finding:
E. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within the
proposed subdivision. In this connection, the decision making body may approve a map if
it finds that alternate easements, for access or for use, will be provided and that these
easements will be substantially equivalent to ones previously acquired by the public. This
finding shall apply only to easements of record or to easements established by judgment of
a court of competent jurisdiction and no authority is hereby granted to the City Council to
determine that the public at large has acquired easements for access through or use of
property within a subdivision.
Fact in Support of Finding:
1. There is an existing 4-foot utility easement in favor of the City of Newport Beach
located directly behind the right of way of Via Lido Soud. The proposed subdivision
will not conflict with easements acquired by the public at large, for access through,
or use of property within the proposed development.
Finding:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if
the land is subject to a contract entered into pursuant to the California Land Conservation
Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would
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not be too small to sustain their agricultural use or the subdivision will result in residential
development incidental to the commercial agricultural use of the land.
Facts in Support of Finding:
1. The property is not subject to the Williamson Act because the subject property is
not designated as an agricultural preserve and is less than 100 acres in area.
2. The site is developed for residential use and is located in a Zoning District that
permits residential uses.
Finding:
G. That, in the case of a "land project"as defined in Section 11000.5 of the California Business
and Professions Code: (1) there is an adopted specific plan for the area to be included
within the land project;and(2) the decision making body finds that the proposed land project
is consistent with the specific plan for the area.
Fact in Support of Finding:
1. California Business and Professions Code Section 11000.5 has been repealed by
the Legislature. However, this project site is not considered a "land project' as
previously defined in Section 11000.5 of the California Business and Professions
Code because the project site does not contain 50 or more parcels of land.
2. The project is not located within a specific plan area.
Finding:
H. That solar access and passive heating and cooling design requirements have been satisfied
in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act.
Fact in Support of Finding:
1. The Tentative Parcel Map and any future improvements are subject to Title 24 of
the California Building Code that requires new construction to meet minimum
heating and cooling efficiency standards depending on location and climate. The
Newport Beach Building Division enforces Title 24 compliance through the plan
check and inspection process.
Finding:
1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City's share of the regional
housing need and that it balances the housing needs of the region against the public service
needs of the City's residents and available fiscal and environmental resources.
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Fact in Support of Finding:
1. The subdivision would create two distinct parcels with the potential of up to two units
on each parcel. A single-family residence or a duplex would be consistent with the
RM Zoning District and with existing development in the community. Therefore, the
Tentative Parcel Map will not affect the City in meeting its regional housing need.
Finding:
J. That the discharge of waste from the proposed subdivision into the existing sewer system
will not result in a violation of existing requirements prescribed by the Regional Water
Quality Control Board.
Fact in Support of Finding:
1. The proposed subdivision would divide a parcel into two individual parcels and
would not create waste that would result in a violation of the existing requirements
prescribed by the Regional Water Quality Control Board.
Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms
with the certified Local Coastal Program and, where applicable, with public access and
recreation policies of Chapter Three of the Coastal Act.
Fact in Support of Finding:
1. The subject property is within the Coastal Zone. The facts in support of findings Q
and R below are hereby incorporated by reference.
Deviation from Design Standards
Per Section 19.24.050.A of Title 19 (Lot Design, Lot Size), new subdivisions must meet the
applicable zoning district regulations stated in Title 20 (Zoning Code). Deviation from the design
standards set forth in Title 19 may be approved by the Zoning Administrator subject to specific
findings stated per Section 19.24.130.C. The proposed subdivision would create lots which do
not meet the lot width standards required by the Zoning Code for new subdivisions within the
RM Zoning District. The Zoning Code requires new subdivision interior lots to be 50 feet wide,
and have a lot area of 5,000 square feet. The proposed subdivided lots are 35 feet wide and
3,150 square feet in area. The required findings to deviate from the standards and facts in
support of those findings are as follows:
Finding:
L. The requested deviations will create a land plan or development design equal or superior
to that under the baseline design standards in this Chapter.
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Facts in Support of Finding:
1. The proposed lots are comparable in width, length, and area with the majority of the
original subdivision in which a majority of lots had widths between 30 and 40 feet
and depths of 90 feet. Since the original subdivision was created, some lots in the
vicinity have been re-subdivided but a majority of the lots remain between 30 and 40
feet in width. The proposed 35-foot-wide lots are consistent with Footnote 2 of Table
2-3 of the Zoning Code.
2. The proposed subdivision would create lot sizes not less than the original underlying
lots on the same block face (351 through 463 Via Lido Soud) in the same zoning
district. The proposed subdivision would divide the existing 70-foot-wide, 6,300-
square-foot RM parcel into two 35-foot-wide, 3,150-square-foot RM parcels, which
are compatible with the pattern of the surrounding subdivision.
3. The existing lot orientation with vehicular access from Via Lido Soud are maintained.
Finding:
M. The deviations will not negatively impact the carrying capacity of the local vehicular
circulation network.
Facts in Support of Finding:
1. The proposed subdivision would not negatively impact the carrying capacity of the
local vehicular circulation network. Although the proposed subdivision would create
one additional lot compared to the original subdivision, the potential amount of units
would decrease. As currently configured, the existing 70-foot-wide lot has the
development potential of five residential units. The proposed subdivision would
create two lots, each with a development potential of two units for a total of four units.
2. No improvements or changes are proposed that would cause additional capacity to
the roadways.
Finding:
N. The deviations will not negatively impact pedestrian circulation.
Facts in Support of Finding:
1. The subdivision will not reduce, encroach or change the size or location of the Via
Lido Soud sidewalk.
2. The subdivision will not eliminate or impede pedestrian circulation provided that the
necessary improvements are provided in accordance with applicable Public Works
design standards and permitting.
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Finding:
O. The resulting subdivision will be compatible with the pattern of surrounding subdivisions.
Facts in Support of Finding:
1. The subject property is located in a block that is designated RM by the General Plan
and Zoning Code. The proposed subdivision would divide an existing RM lot into two
RM lots.
2. The subject property is 70 feet wide and 6,300 square feet in area, which is the
largest lot within the same block face in the same zoning district. The proposed
subdivision would result in two 35-foot-wide, 3,150-square-foot lots which are more
compatible with the surrounding lots than the existing configuration.
Finding:
P. The resulting subdivision design and improvements will not be materially detrimental to the
residents or tenants of the proposed subdivision or surrounding properties, nor to public
health or safety.
Fact in Support of Finding:
1. The proposed subdivision to re-subdivide the existing parcel in a comparable manner
to the underlying legal lots would allow two units to be constructed on each lot in
accordance with the General Plan. Approval does not introduce an incompatible land
use, and the resulting subdivision design would not be detrimental to the residents
as vehicular and pedestrian access would be maintained. Any development must be
in accordance with the conditions of approval and the Municipal Code. The resulting
lot widths are consistent with the lot widths of the original subdivision or the existing
development pattern of the neighborhood.
Coastal Development Permit
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of Title 21 (Local Coastal Program Implementation Plan) of the
Newport Beach Municipal Code and approves the Coastal Development Permit based on the
following findings per Section 21.52.015.E of Title 21:
Finding:
Q. That the proposed map conforms to all applicable sections of the certified Local Coastal
Program.
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Facts in Support of Finding:
1. The Tentative Parcel Map is for the purposes of subdividing an existing lot into two
distinct parcels and meets all of the requirements of the Local Coastal Program,
including 21.30.025 (Coastal Subdivisions) and Section 21.52.090 (Relief from
Implementation Plan Development Standard) as it relates to lot widths and area.
2. The proposed subdivision complies with 21.52.090(2) Variances, which allows for
waiver or modification of certain standards of the Implementation Plan because of
special circumstance including location. The required 50-foot lot width and 5,000-
square-foot minimum lot area standards may be modified to less based on the lot
widths and areas of the original subdivision, the majority of which are between 30-
40 feet in width and from 2,700 to 4,500 square feet in area.
3. The proposed subdivision complies with Coastal Land Use Plan Policy 2.8.1-3, which
states that land divisions shall avoid hazardous areas and minimize risks to life and
property from coastal and other hazards. The proposed subdivision also complies with
Implementation Plan Section 21.30.025, which states that subdivisions within the
Coastal Zone shall be designed to avoid current hazardous areas, as well as areas that
may become hazardous due to future changes. Additionally, there shall be no division
of land near the shoreline unless the new or reconfigured parcels can be developed
safe from geologic and other hazards for a minimum of 75 years, and unless shoreline
protective devices are prohibited to protect development on the resultant parcels.
4. The proposed subdivision is located near the Newport Bay. However, a public
boardwalk and small intertidal beach separates the subject property from the water.
A coastal hazards report, prepared by GeoSoils, Inc. on September 16, 2019,
concludes that the reconfigured parcels will be developed safe from hazards, which
includes shoreline movement, waves and wave runup, and flooding with future sea
level rise, for a minimum of 75 years. The Newport Beach City Council approved the
use of the high estimate of the "low risk aversion" scenario, which is 3.2 feet of
projected sea level rise (SLR) by the year 2100, or 2.9 feet by 2095.The historical
water elevation at the Newport Bay is 7.7 feet North American Vertical Datum of
1988 (NAVD 88); therefore, the likely projected bay level water level is 10.6 feet
NAVD 88 (7.7 feet NAVD 88 + 2.9 feet SLR) over the next 75 years (i.e. the life of
the future development) . The finished site grade is approximately 11.0 feet NAVD
88, which makes it safe from up to 3.3 feet of SLR. The report also identifies that
there is a 0.5 percent chance that sea level rise could reach as high as 13.1 feet
NAVD88, or a 5.4-foot increase by 2100 utilizing the "medium-high risk aversion"
scenario. As conditioned, necessary adaptable measures shall be required for future
development of the lots to respond to the projected SLR.
5. There are no shoreline protective devices serving the subject property, and new
shoreline protective devices are not necessary to protect future development on the
resultant parcels. A condition of approval is included waiving the rights to future
shoreline protective devices.
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6. The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code and
Building Division standards and policies.
7. No natural or cultural resources are located on the site, which has been developed
for many years. The demolition will remove the existing residence, landscaping, and
hardscape improvements. Best management practices (BMP) will be required to
ensure that the demolition will not result in water quality impacts due to construction
debris or run-off entering the waters of Newport Bay or onto adjacent properties. Any
construction of future residences will require separate coastal development permits.
Finding:
R. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is 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 site is located between the nearest public road and the sea or shoreline.
The residential lot does not currently provide nor inhibit public coastal access. Newport
Beach Municipal Code 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 is a tentative parcel map for the
purpose of subdividing an existing lot into two distinct parcels and a coastal
development permit for the demolition of the existing residence. The demolition of the
residence will not alter or remove any access to the bay.
2. The public boardwalk between the subject property and the bay shall remain. The
public will continue to have access to the bay through a public walkway which has
multiple access points throughout Via Lido Soud.
In accordance with NBMC Section 21.52.090 (Relief from Implementation Plan Development
Standard), the Zoning Administrator may approve a waiver to a development standard of the
Implementation Plan only after making all of the following findings:
Finding:
S. The Zoning Administrator has considered the following:
i. Whether or not the development is consistent with the certified Local Coastal
Program to the maximum extent feasible; and
ii. Whether or not there are feasible alternatives that would provide greater consistency
with the certified Local Coastal Program and/or that are more protective of coastal
resources.
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Facts in Support of Finding:
1. An alternative to the proposed subdivision is for the existing four-unit residential
structure to remain in place. The existing lot is 70 feet wide and 6,300 square feet in
area, whereas surrounding lots on the same block face vary between 30 feet and 40
feet wide, and between 2,700 and 4,500 square feet in area.
2. The existing structure does not offer any modulation or openings that provide views
to the bay from Via Lido Soud. If the lot remains without the proposed subdivision, a
new residential structure could be similarly constructed without modulations and
openings. If the lot is subdivided as proposed, both 35-foot-wide lots would require
a 3-foot side yard setbacks which would create a visual opening to the bay as well
as reduce the overall mass compared to the existing structure.
3. The proposed subdivision results in less floor area that can be achieved than if the
subject parcel remained in its existing configuration. The proposed subdivision would
create two lots with maximum floor areas of 4,364.5 square feet each, totaling 8,729
square feet total (4,364.5 x 2 = 8,729). If the subject parcel remained in its existing
configuration, a total floor area of 8,849 square feet can be constructed.
4. There are no coastal resources to protect on the property.
Finding:
T. The granting of the variance is necessary due to special circumstances applicable to the
property, including location, shape, size, surroundings, topography, and/or other physical
features, the strict application of the development standards otherwise applicable to the
property denies the property owner privileges enjoyed by other property owners in the
vicinity and in the same coastal zoning district.
Facts in Support of Finding:
1. The subject property is located in the RM block of Tract 907. Within this block, the
original subdivision consisted of 23 lots, a majority of which ranged from 30 to 40
feet in width. The parcels were reconfigured over time and this block currently
contains 24 lots, a majority of which range from 30 to 70 feet in width. The subject
property is 70 feet wide and has an underlying configuration of Lot 923 (40 feet wide),
the southeasterly 10 feet of Lot 922, and the northwesterly 20 feet of Lot 924.
2. The proposed project is to subdivide an existing 70-foot-wide, 6,300-square-foot
parcel into two 35-foot-wide, 3,150-square-foot parcels, where the Zoning Code
(Title 20) and Local Coastal Program Implementation Plan (Title 21) require a
minimum lot width of 50 feet and minimum lot area of 5,000 square feet for newly
created interior lots. Title 20 includes a provision which allows for a parcel to be
subdivided to a minimum lot size not less than the original underlying lots on the
same block face in the same zoning district.
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3. Title 21 does not contain the same provision that allows lots to be subdivided to a lot
size not less than the original underlying lots on the same block face in the same
zoning district.
4. The existing 70-foot-wide lot is surrounded by two 30-foot-wide lots on both sides.
The proposed lot widths of 35 feet are consistent with the 30-foot to 40-foot lot widths
contained on the original block face within the same zoning district. The existing lot
is 6,300 square feet in area. The proposed subdivision would create two 3,150-
square-foot lots, where surrounding lots on the same block face range from 2,700 to
4,500 square feet. Strict application of Title 21 would deny the property owners
privileges enjoyed by surrounding property owners and allow for the development of
two 35-foot-wide lots which is more consistent with original underlying subdivision
pattern of the block.
Finding:
U. The variance complies with the findings required to approval a coastal development permit
in NBMC Section 21.52.015(F).
Fact in Support of Finding:
1 . Facts in Support of Findings Q and R above are hereby incorporated by reference.
Finding:
V. The variance will not result in development that blocks or significantly impedes public
access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs.
Fact in Support of Finding:
1. The property does not currently provide access to the sea or shoreline, nor does it
provide access to any coastal parks, trails, or coastal bluffs.
2. Vertical access to the Newport Bay is available for the public from multiple access
points along Via Lido Soud. Lateral access is available in the form of a public
boardwalk between the bay and the subject property. The proposed project does not
result in development that will impede existing public access.
Findin :
W. The variance will not result in development that blocks or significantly impairs public views
to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas.
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Facts in Support of Finding:
1. The project site is not located adjacent to a coastal view road or public viewpoint.
However, the site is located adjacent to a public accessway, as identified in the Coastal
Land Use Plan. Also, the project may be located within the viewshed of distant public
viewing areas. The proposed project is to demolish an existing four-unit residential
structure and to subdivide the existing property into two separate parcels. Although
there is no construction proposed as part of this project, there is a potential for two units
on each of the proposed parcels. Future development shall comply with all applicable
Local Coastal Program (LCP) development standards and shall be consistent with the
existing neighborhood pattern of development. Furthermore, all improvements in the
front setback area of the subject property is limited to 42 inches from existing grade.
An investigation of the project site and surrounding area did not identify any other public
view opportunities. 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:
X. The variance will not result in development that has an adverse effect, either individually or
cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation or
wildlife species.
Fact in Support of Finding:
1. There are no coastal resources on the property nor are there any in the immediate
area that could be affected by its redevelopment as the property is separated from
the bay by a public boardwalk.
Finding:
Y. The granting of the variance will not be contrary to, or in conflict with, the purpose of this
Implementation Plan, nor to the applicable policies of the Local Coastal Program.
Fact in Support of Finding:
1 . Facts in Support of Finding S above are hereby incorporated by reference.
SECTION 6. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. This project has been determined to be categorically exempt pursuant to the State
CEQA (California Environmental Quality Act) Guidelines under Class 1 (Existing
Facilities) and Class 3 (New Construction or Conversion of Small Structures).
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2. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2019-008 and Coastal Development Permit No. CD2019-024, subject to the
conditions set forth 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 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 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 26TH DAY OF SEPTEMBER, 2019.
i
James W. Campbell, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 19 (Subdivisions) and Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code.
3. Prior to map recordation, 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.
4. Prior to map recordation, 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 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
development.This letter shall be scanned into the plan set prior to building permit issuance.
5. Necessary adaptable measures shall be required for future development of the lots to
respond to the projected SLR based on the Medium-High Risk Aversion estimates.
6. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
wetlands or their buffers.
7. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
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
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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 pursuant to 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 prior to and throughout the duration of construction activity as
designated in the Demolition 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 sides, 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 in proper trash and recycling receptacles at the end
of each construction day. Solid waste, including excess concrete, shall be disposed in
adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
13. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Coastal
Development Permit.
15. This Coastal Development Permit may be modified or revoked by the Zoning
Administrator if determined that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare or materially injurious
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to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
16. 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.
17. 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 the Bethel and Ridge Demolition and Subdivision including, but not limited to,
Tentative Parcel Map No. NP2019-008 and Coastal Development Permit No. CD2019-024
(PA2019-085). 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.
PUBLIC WORKS
18. A parcel map shall be recorded. The map shall be prepared on the California coordinate
system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the
Map shall submit to the County Surveyor and the City of Newport Beach a digital-graphic
file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange
County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The
Map to be submitted to the City of Newport Beach shall comply with the City's CADD
Standards. Scanned images will not be accepted.
19. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie
the boundary of the map into the Horizontal Control System established by the County
Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments
(one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved
by the Subdivision Engineer. Monuments shall be protected in place if installed prior to
completion of construction project.
20. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
21. An encroachment permit is required for all work activities within the public right-of-way.
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22. Any existing broken and/or otherwise damaged curb and pavement along the Via Lido
Soud frontage shall be reconstructed.
23. All existing overhead utilities shall be undergrounded.
24. An encroachment permit/agreement shall be obtained for any non-standard
improvements within a 4-foot wide Public Utilities Easement along Via Lido Soud.
25. Each parcel shall be served by its individual water service/meter and sewer
late ral/cleanout to be constructed per City Standards.
26. All improvements shall comply with the City's sight distance requirement. See City
Standard 110-L.
27. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right-of-way could be
required at the discretion of the Public Works Inspector.
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