HomeMy WebLinkAbout06_Richard Barrett Trust Seawall CDP_PA2019-25103/13/2018
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 13, 2020
Agenda Item No. 6
SUBJECT:Richard Barrett Trust Seawall (PA2019-251)
x Coastal Development Permit No. CD2019-071
SITE LOCATION:930 Via Lido Nord
APPLICANT:Rick Barrett
OWNER:Richard Barrett Trust
PLANNER:David S. Lee, Associate Planner
949-644-3225, dlee@newportbeachca.gov
LAND USE AND ZONING
x General Plan:RS-D (Single Unit Residential Detached)
x Zoning District:R-1 (Single-Unit Residential)
x Coastal Land Use Category: RSD-C (Single Unit Residential – (10.0-19.9 DU/AC)
x Coastal Zoning District:R-1 (Single-Unit Residential)
PROJECT SUMMARY
A coastal development permit to allow the raising of an existing concrete seawall and
construction of an elevated deck in the front setback abutting the Newport Bay. A previous
grade determination was approved (Staff Approval No. SA2019-008) to allow the height of
accessory structures to be measured from 9.50 feet North American Vertical Datum of 1988
(NAVD 88). The project complies with all applicable development standards and no
deviations are requested.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, because it has no potential to have
a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2019-071 (Attachment No. ZA 1).
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Zoning Administrator, February 13, 2020
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DISCUSSION
Land Use and Development Standards
x The subject property is located in the R-1 Coastal Zoning District, which provides for
single-unit residential development and is consistent with the City’s Coastal Land
Use Plan, General Plan, and Zoning Code. A coastal development permit is required
and the property is not eligible for a waiver for de minimis development because the
property is located in the Coastal Commission Appeal Area.
x The property currently consists of one legal lot developed with an existing single-unit
residence. The neighborhood is predominantly developed with two- and three-
story, single-family residences with protective shoreline devices.
x The residence is developed with two existing seawalls. An existing lower seawall
(adjacent to the bay) with an elevation of 7.17 feet (NAVD 88) is proposed to be
raised to an elevation of 10.0 feet (NAVD 88). A new guardrail is proposed to be
constructed on top of the raised seawall at an elevation of 13.0 feet (NAVD 88).
Additionally, an existing upper concrete seawall (closer to the home) is attached to
an existing cantilevered deck (12.79 feet NAVD 88) with a guardrail above (16.29
feet NAVD 88). The upper seawall is not being modified as a part of this coastal
development permit.
x The proposed raised seawall and deck are located within the front setback abutting
Newport Bay and serve the existing single-family. The proposed seawall and deck
elevation is consistent with the existing neighborhood pattern of development and
expected future development consistent with applicable development standards.
x The proposed improvements comply with applicable residential development
standards including height of accessory structures in the front setback.
o A grade determination consistent with NBMC Section 21.30.050.C
(Establishment of Grade by Director) was previously approved by the
Community Development Director on December 6, 2019, which authorized
the height of accessory structures within the 10-foot front setback to be
measured from 9.5 feet (NAVD 88).
o The proposed raised deck and seawall are located within the required front
setback area abutting the bay, which is 10 feet. The existing concrete deck
which is at an elevation of 7.17 feet (NAVD 88), is proposed to be raised to
9.5 feet NAVD 88. The existing seawall, which is also at an elevation of 7.17
feet (NAVD 88), is proposed to be raised to 10.0 feet (NAVD 88), with a
guardrail constructed above at an elevation of 13.0 feet (NAVD 88). All
proposed improvements comply with height requirements for accessory
structures in the front setback.
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Richard Barrett Trust Seawall (PA2019-251)
Zoning Administrator, February 13, 2020
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Hazards
x The project site is separated from Newport Bay by an existing bulkhead system.
According to a Coastal Hazards Report and Sea Level Rise Analysis prepared by
PMA Consulting, Inc. dated November 15, 2019 (Attachment ZA 3), there is a
lower seawall and upper seawall that combine to serve the subject property. The
lower seawall has an elevation of 7.17 feet (NAVD 88), while the upper seawall
has an elevation of 11.7 feet (NAVD 88).
x Since the two seawalls are considered to act as one protective device for the
property, together they meet the current City of Newport Beach standard of 10.0
feet (NAVD 88). The current maximum bay water elevation is 7.7 feet (NAVD 88)
and may exceed the existing 7.17 feet (NAVD 88) top of bulkhead elevation for the
lower seawall during high tide or storm events. The report analyzes future sea level
rise scenarios assuming a 6-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 13.7 feet (NAVD 88) (the likely range for sea level rise over
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 proposed raising of the lower seawall to 10.0 feet (NAVD 88) is to
prevent flooding into the lower patio area. Per the report’s recommendations, the
first floor elevation of the existing structure will remain below high tide sea level
until approximately 2085. Afterwards, the seawalls can be raised to an elevation
of 13.7 feet (NAVD 88) without bayward encroachment to protect the structure on
the lot from flooding.
x 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
(CBC) and Building Division standards and policies. Geotechnical investigations
specifically addressing liquefaction are required to be reviewed and approved prior
to 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 prior to building
permit issuance.
Public Access and Views
x The project site is located approximately 200 feet from a public park located on a lot
between 904 and 914 Via Lido Nord, which is a designated public viewpoint in the
Coastal Land Use Plan and offers public views of Newport Bay. The proposed project
is to raise a lower seawall and deck to elevations that comply with the maximum
heights for accessory structures within front setback areas. 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.
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x The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public access
bear a reasonable relationship between the requirement and the project’s impact,
and be proportional to the impact. In this case, the project raises an existing seawall
and deck within the front setback area abutting the bay. 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.
x Vertical access to the bay is available approximately 200 feet from the project site at
a public park on Via Lido Nord. The project does not include any features that would
obstruct access to the bay.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment. The Class 3 exemption includes
the construction of limited numbers of new, small structures, includingaccessory structures.
The proposed project consists of the construction of a new raised wood deck and raised
concrete seawall.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director 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. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
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Zoning Administrator, February 13, 2020
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Prepared by:
___________________________
David S. Lee, Associate Planner
GR/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Coastal Hazards Report
ZA 4 Seawall Conditions Report
ZA 5 Project Plans
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03/13/2018
Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2019-071 TO RAISE AN
EXISTING SEAWALL AND DECK LOCATED AT 930 VIA LIDO
NORD (PA2019-251)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Richard Barrett, with respect to property located at 930 Via
Lido Nord, requesting approval of a coastal development permit.
2. The lot at 930 Via Lido Nord is legally described as Lot 328 of Tract 907.
3. The applicant proposes to raise an existing concrete seawall and construct an elevated
deck.A previous grade determination was approved (Staff Approval No. SA2019-008) to
allow the height of accessory structures to be measured from 9.50 feet North American
Vertical Datum of 1988 (NAVD 88).
4. The subject property is designated Single Unit Residential Detached (RS-D) by the
General Plan Land Use Element and is located within the Single-Unit Residential (R-1)
Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single Unit Residential Detached (RSD-C) (10.0 – 19.9 DU/AC) and it is located
within the Single-Unit Residential (R-1) Coastal Zone District.
6. A public hearing was held on February 13, 2020, 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.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures), because it has no potential to have a significant effect
on the environment.
2. Class 3 exempts the construction of accessory structures. The proposed project
consists of the construction of a new raised wood deck and raised concrete seawall.
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3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (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 improvements comply with applicable residential development standards
including height of accessory structures in the front setback.
a. A grade determination was previously approved by the Community Development
Director on December 6, 2019, which authorized the height of accessory structures
within the 10-foot front setback to be measured from 9.5 feet (NAVD 88).
b. The proposed raised deck and seawall are located within the required front setback
area abutting the bay, which is 10 feet. The existing concrete deck which is at an
elevation of 7.17 feet (NAVD 88), is proposed to be raised to 9.5 feet NAVD 88.
The existing seawall, which is also at an elevation of 7.17 feet (NAVD 88), is
proposed to be raised to 10.0 feet (NAVD 88), with a guardrail constructed above
at an elevation of 13.0 feet (NAVD 88). All proposed improvements comply with
height requirements for accessory structures in the front setback.
2. The neighborhood is predominantly developed with two- and three-story, single-family
residences with protective shoreline devices. The proposed raised bulkhead is
consistent with the existing neighborhood pattern of development.
3. According to a Coastal Hazards Report and Sea Level Rise Analysis prepared by PMA
Consulting, Inc. dated November 15, 2019, there is a lower seawall and upper seawall
that combine to serve the subject property. The lower seawall has an elevation of 7.17
feet (NAVD 88), while the upper seawall has an elevation of 11.7 feet (NAVD 88). Since
the two seawalls are considered to act as one protective device for the property, together
they meet the current City of Newport Beach standard of 10.0 feet (NAVD 88). The
current maximum bay water elevation is 7.7 feet (NAVD 88) and may exceed the existing
7.17 feet (NAVD 88) top of bulkhead elevation for the lower seawall during high tide or
storm events. The report analyzes future sea level rise scenarios assuming a 6-foot
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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 13.7 feet (NAVD 88) (the
likely range for sea level rise over 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 proposed raising of the lower seawall to 10.0 feet (NAVD
88) is to prevent flooding into the lower patio area. Per the report’s recommendations,
the first floor elevation of the existing structure will remain below high tide sea level until
approximately 2085. Afterwards, the seawalls can be raised to an elevation of 13.7 feet
(NAVD 88) without bayward encroachment to protect the structure on the lot from
flooding.
4. 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 (CBC)
and Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to 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 prior to building permit issuance.
5. The project site is located approximately 200 feet from a public park located on a lot
between 904 and 914 Via Lido Nord, which is a designated public viewpoint in the Coastal
Land Use Plan and offers public views of Newport Bay. The proposed project is to raise a
lower seawall and deck to elevations that comply with the maximum heights for accessory
structures within front setback areas. 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 site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public access bear
a reasonable relationship between the requirement and the project’s impact, and be
proportional to the impact. In this case, the project raises an existing seawall and deck
within the front setback area abutting the bay. 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 approximately 200 feet from the project site at a
public park on Via Lido Nord. The project does not include any features that would
obstruct access to the bay.
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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 (“CEQA”) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No.CD2019-071,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 13TH DAY OF FEBRUARY, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2.The existing seawall shall be reinforced and capped to 10.0 feet (NAVD 88) minimum in
accordance with the recommendations provided in the report prepared by PMA
Consulting, Inc. on November 15, 2019 and as identified in the approved plans.
3.The construction of the seawall shall allow for a future increase in height without further
seaward encroachment.
4. Prior to final building permit inspection, an agreement in a form approved by the City
Attorney between the property owner and the City shall be executed and recorded
waiving rights to the construction of future shoreline protection devices 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. Prior to 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
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.
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. No demolition or construction materials shall be stored on
public property.
7. Demolition beyond the approved scope of work requires planning division approval prior
to commencement of work. Approval of revisions to project plans are not guaranteed. Any
changes in the current scope of work may require the entire structure to be demolished
and redeveloped in conformance with the current Zoning Code Development Standards.
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 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. Stock piles 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 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. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
14. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
15. This Coastal Development Permit does not authorize any development seaward of the
private property.
16. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
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17. 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.
18. 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
to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
19. Prior to 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.
20. Prior to issuance of a building permit, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Coastal
Development file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict
the elements approved by this Coastal Development Permit.
21. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
22. 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.
23. This Coastal Development Permit No. CD2019-071 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.
24. 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 Richard Barrett Trust Seawall including, but not limited to, Coastal
Development Permit No. CD2019-071 (PA2019-251). 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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03/13/2018
Attachment No. ZA 2
Vicinity Map
14
03/13/2018
VICINITY MAP
Coastal Development Permit No. CD2019-071
PA2019-251
930 Via Lido Nord
Subject Property
15
03/13/2018
Attachment No. ZA 3
Coastal Hazards Report
16
P M A C O N S U L T I N G , I N C .
CONSULTING STRUCTURAL ENGINEERS
28161 Casitas Ct. PH. (714) 717-7542
Laguna Niguel, CA 92677
e-mail: p.petrov@pma-bg.com
November 15, 2019
Richard W. Barrett
930 Via Lido Nord
Newport Beach, CA 92663
RE: COASTAL HAZARDS ANALYSIS REPORT FOR COASTAL
DEVELOPMENT PERMIT
Richard W. Barrett; Applicant
930 Via Lido Nord
City of Newport Beach, County of Orange
PMA Job #24918-1
Dear Mr. Barrett,
PMA Consulting, Inc. is pleased to provide this report regarding Coastal Hazards Analysis for
the proposed development at the subject site. The site is adjacent to Newport Bay thus, it may be
subject to Coastal Hazards such as, flooding, wave runup, and erosion. This study investigates the
potential for the aforementioned hazards to impact the proposed development on the site over the next
75 years and addresses compliance with Coastal Hazards Analysis Report requirements and standards
of NBMC Section 21.30.15.E.2.
STATEMENT OF THE PREPARER’S QUALIFICATIONS
Plamen Petrov, P.E., the preparer of the Coastal Hazards Analysis Report on this project,
holds a Master of Science in Structural Engineering from University of Architecture, Structural
Engineering & Geodesy of Sofia, Bulgaria, and is a Licensed Civil Engineer by the State of
California Certificate No. C66947. For the last 19 years of his professional career he has been
actively involved in the design and entitlement of many Waterfront Developments such as custom
homes, seawalls, piers, platforms, floating docks and marinas. A great number of Coastal Hazards
Analysis Reports prepared by him have been reviewed and accepted/approved by California Coastal
Commission.
All the above being said, Plamen Petrov, P.E. shall be considered a qualified preparer for the
Coastal Hazards Analysis Report on this project.
Requirements in Appendix A for Step 1:
Establish the project sea level rise range for the proposed project’s planning horizon
(life of project) using the current best available science.
The State of California Sea-Level Rise Guidance 2018 update developed by the Ocean
Protection Council in close coordination with Policy Advisory Committee with representation
17
from California Natural Resources Agency, the Governor’s Office of Planning and Research, and the
California Energy Commission provides a bold, science-based methodology for state and local
governments to analyze and assess the risks associated with sea-level rise, and to incorporate Sea-
Level Rise into their planning, permitting, and investment decisions, and it is considered the
current best available science.
As reflected in the clouded area of the enclosed Table 28, based upon direct interpolation
of the data for High emissions 2090 & 2100 and Medium-High Risk Aversion, over the project’s
planning horizon of 75 years, the estimated Sea-Level Rise (SLR) for year 2094 shall be
approximately 6.00’, which is the Sea- Level Rise for the proposed project. Based on the highest
high tide of +7.88’MLLW (7.70’NAVD88) recorded in the project area, the above established
Sea-Level Rise will account for bay water level of +13.70’NAVD88.
Requirements in Appendix A for Step 2:
Determine how physical impacts from sea level rise may constrain the project site,
including erosion, structural and geologic stability, flooding, and inundation.
According to the enclosed Topographic Survey, finished 1st floor elevation of the existing
development is at +12.94’ NAVD88=+13.12’MLLW which is higher than the Base Flood
Elevation established for the area. Based on the SLR established in Step 1 above, 1st floor of the
proposed structure will remain below High Tide sea level approximately until year of 2085. As
we well know, majority of the public streets in Newport Bay area are currently at much lower
elevations than the subject site and they will flood due to SLR way before the development on
this site becomes subject to flooding.
FLOODING HAZARD
The primary hazard due to flooding from the ocean waters for this site, like majority of the
sites located adjacent to Newport Bay, would be due to long term Sea-Level Rise. The current water
levels in Newport Bay are reflected on the enclosed Datums for Newport Bay Entrance.
According to the enclosed seawall DWGS SW-1 thru SW-3, top of the proposed Concrete
Stem Wall at Lower Seawall shall be at +10.00’ NAVD88 which equals +10.12’ MLLW and top
of Existing Upper Seawall is at +11.7’NAVD88 which equals +11.88’MLLW and follows the
current City of Newport Beach Waterfront Projects Guidelines and Standards.
While Sea-Levels have been Rising for decades, higher rates of raise are forecast for the
coming century because of climate change – see enclosed table 28. Increases can be attributed to
warmer temperatures, which cause water to expand, as well more liquid mass caused by melting of
ice caps. Current estimates of future SLR generally fall in the range of 4.5-6.7 ft for the year 2100.
Global warming may impact flooding in other ways as well. Warmer water could intensify North
Pacific storms, bringing greater wind and wave energy to shoreline in winter and higher intensity
precipitation.
The Newport Beach Peninsula portion of the Pacific Institute California Flood Risk Map is
shown herein as OE S Quadrangle. The dark blue colored areas show the areas where a 100-year Sea-
Level Rise of 55 inches is added to the existing FEMA coastal flood elevation shown in light blue.
Obviously, the entire Newport Bay area will be affected if sea level rises 55 inches by the year 2100.
If the sea level rises in the next several decades as currently estimated, regional measures
to mitigate the potential flooding hazard shall be taken. As determined in Step 2 above, 1
st floor
elevation of the proposed structure will remain below High Tide sea level approximately until 18
year of 2085. After that, if necessary, the seawalls can be raised in accordance with the attached
STD-601-L to an elevation of +13.7’NAVD88 (based on 6.0 feet of SLR) without bayward
encroachment of the bulkhead footprint to protect the structure on the lot from flooding.
WAVE RUNUP
Wave runup is the uprush of water from wave action on a shore barrier intercepting Stillwater
level. On steeply sloped shorelines, the rush of water up the surface of the natural beach, including
dunes and bluffs, or the surface of a manmade structure, such as revetment or vertical
wall can result in flood elevations higher than those of the crest of wind-driven waves. See wave
Runup Sketch below.
Due to its location, this site is not a subject to typical ocean waves and the associated wave
runup. Bay generated waves that may arrive at this site are very small wind waves and boat wakes.
These types of waves are generally dampened by the moored vessels and dock systems located in
front of the site and have no significant energy and runup effect. Tsunami type waves that approach
from the ocean shoreline will likely not reach the site for several reasons. There is no significant near
field source of a tsunami like the geologic conditions of some other places on Earth such as Japan, for
example. A far field tsunami reaching the ocean shoreline will likely not reach the site because of the
distance and developments between the shoreline and this site. A near or far field tsunami
propagating into Newport Bay proper would likely cause a seiche or standing wave on the order of
1.3 feet traveling within the bay. Even at the highest anticipated tide in Newport Beach of
+7.88’MLLW this shall not result in overtopping of the bulkhead/seawall. Due to its very infrequent
occurrence – 500-year recurrence interval – tsunami should not be considered a significant
impact over the life of the proposed structure -75 years.
19
EROSION HAZARD
Erosion refers to the wearing or washing away of coastal lands. Beach erosion is a chronic
problem along many open ocean shores of the United States. To meet the needs for comprehensive
analysis of shoreline movement, the United States Geological Survey has conducted analysis of
historical shoreline changes along open ocean sandy shores of the conterminous United States and
has produced an Open-File Report 2006-1219 entitled “National Assessment of Shoreline Change
Part 3: Historical Shoreline Change and Associated Coastal land Loss Along Sandy Shorelines of the
California Coast”. The report looks at survey data of the following periods: 1800s, 1920s-1930s, and
1950s-1970s, whereas the lidar shoreline is from 1998-2002. The report looks at both long-term and
short-term changes. According to the report, the average rate of long-term shoreline change for the
State of California was 0.2±0.1 m/yr., and accretional trend. The average rate of short-term shoreline
change for the state was erosional; with an average rate of -0.2±0.4 m/yr. The beach footprint of this
site is stabilized and not subject to significant long-term erosion. Review and analysis of historical
aerial photographs and field measurements for seawall repairs in the area show no change in the
position of the shoreline over the last several decades. The future shoreline changes over the next 75
years are assumed to be the same as in the previous several decades. However, there is a rapid rate
of Sea-Level Rise predicted in the next 75 years. If that prediction holds true, the rapid Sea-
Level Rise may accelerate shoreline erosion, but it shall not impact the structure on the subject
lot over its economic life.
CONCLUSION
In conclusion, flooding, wave runup and erosion will not significantly impact this
property over the proposed life of the development. Both existing seawalls, lower and upper are
required to protect the existing structures on the lot, the adjacent properties, public facilities
and infrastructure; thus, they can’t be removed. Removal of the seawalls will result in erosion
and undermining the foundations of the structures and site walls at the subject site and both
adjacent sites. Once the existing lower seawall is raised in compliance with the enclosed
drawings SW-1 thru SW-3, need for a new shoreline protective devise is not anticipated over
the economic life of the existing development to protect it from flooding, wave runup or erosion.
If found not adequate for the actual sea level rise over the next 75 years, the existing seawalls
assemblies allow to be increased in height per the enclosed STD-601-L without further seaward
encroachment. If during this period the seawalls displays any sign of distress that requires
immediate attention, they should be repaired or replaced at that time accordingly, without
seaward encroachment from its current location.
The above conclusion was prepared based on the existing conditions, proposed drawings,
current projection of future Sea-Level Rise, and within the inherent limitations of this study, in
accordance with generally acceptable engineering principles and practices. We make no further
warranty, either expressed or implied.
PMA Consulting, Inc. appreciates the opportunity to work with you towards the successful
completion of your project. Should you have any questions regarding this report, please contact us.
20
Respectfully submitted,
Plamen Petrov, P.E.
Principal
Enclosures:
Location Map
Aerial View
Topographic Survey
Table 28: Projected Sea-Level Rise (in feet) for Los Angeles
Datums for Newport Bay Entrance
City of Newport Beach – STD-601-L
Newport Beach OE S Quadrangle
Seawall Drawings SW-1 thru SW-3
21
22
23
24
Probabilistic Projections (in feet) (based on Kopp et al. 2014)
H++ scenario
(Sweet et al.
2017)
*Single
scenario
MEDIAN LIKELY RANGE 1-IN-20 CHANCE 1-IN-200 CHANCE
50% probability
sea-level rise meets
or exceeds…
66% probability
sea-level rise
is between…
5% probability
sea-level rise meets
or exceeds…
0.5% probability
sea-level rise meets
or exceeds…
Low
Risk
Aversion
Medium - High
Risk Aversion
Extreme
Risk Aversion
High emissions 2030
0.3 0.2 - 0.5 0.6 0.7 1.0
2040 0.5 0.4 - 0.7 0.9 1.2 1.7
2050 0.7 0.5 - 1.0 1.2 1.8 2.6
Low emissions 2060
0.8 0.5 - 1.1 1.4 2.2
High emissions 2060
1.0 0.7 - 1.3 1.7 2.5 3.7
Low emissions 2070
0.9 0.6 - 1.3 1.8 2.9
High emissions 2070
1.2 0.8 - 1.7 2.2 3.3 5.0
Low emissions 2080
1.0 0.6 - 1.6 2.1 3.6
High emissions 2080
1.5 1.0 - 2.2 2.8 4.3 6.4
Low emissions 2090
1.2 0.7 - 1.8 2.5 4.5
High emissions 2090
1.8 1.2 - 2.7 3.4 5.3 8.0
Low emissions 2100
1.3 0.7 - 2.1 3.0 5.4
High emissions 2100
2.2 1.3 - 3.2 4.1 6.7 9.9
Low emissions 2110*
1.4 0.9 - 2.2 3.1 6.0
High emissions 2110*
2.3 1.6 - 3.3 4.3 7.1 11.5
Low emissions 2120
1.5 0.9 - 2.5 3.6 7.1
High emissions 2120
2.7 1.8 - 3.8 5.0 8.3 13.8
Low emissions 2130
1.7 0.9 - 2.8 4.0 8.1
High emissions 2130
3.0 2.0 - 4.3 5.7 9.7 16.1
Low emissions 2140
1.8 0.9 - 3.0 4.5 9.2
High emissions 2140
3.3 2.2 - 4.9 6.5 11.1 18.7
Low emissions 2150
1.9 0.9 - 3.3 5.1 10.6
High emissions 2150
3.7 2.4 - 5.4 7.3 12.7 21.5
STATE OF CALIFORNIA SEA-LEVEL RISE GUIDANCE
APPENDIX 3: SEA-LEVEL RISE PROJECTIONS FOR ALL 12 TIDE GAUGES | 72
TABLE 28: Projected Sea-Level Rise (in feet) for Los Angeles
Probabilistic projections for the height of sea-level rise shown below, along with the
H++ scenario (depicted in blue in the far right column), as seen in the Rising Seas
Report. The H++ projection is a single scenario and does not have an associated
likelihood of occurrence as do the probabilistic projections. Probabilistic projections
are with respect to a baseline of the year 2000, or more specifically the average
relative sea level over 1991 - 2009. High emissions represents RCP 8.5; low emissions
represents RCP 2.6. Recommended projections for use in low, medium-high and
extreme risk aversion decisions are outlined in blue boxes below.
*Most of the available climate model experiments do not extend beyond 2100. The resulting
reduction in model availability causes a small dip in projections between 2100 and 2110, as well as
a shift in uncertainty estimates (see Kopp et al. 2014). Use of 2110 projections should be done with
caution and with acknowledgement of increased uncertainty around these projections.
SAY 6.0 FOR
YEAR 2094
25
26
27
28
Newport BeachNewport Beach
Costa MesaCosta MesaCosta MesaCosta MesaHuntington BeachHuntington Beach
¬«1
¬«55
¬«1
¬«55
117°52’30"W
117°52’30"W
117°55’0"W
117°55’0"W
117°57’30"W
117°57’30"W
118°0’0"W
118°0’0"W
33°37’30"N
33°37’30"N
33°35’0"N
33°35’0"N
33°32’30"N
33°32’30"N
33°30’0"N
33°30’0"N
407000mE
407000mE
08
08
09
09
410
410
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
419000mE
419000mE3707000mN 3707000mN08 08
09 09
3710 3710
11 11
12 12
13 13
14 14
15 15
16 16
17 17
18 18
19 19
3720 37203721000mN3721000mN
This information is being made available for informational purposes only. Users of this information
agree by their use to hold blameless the State of California, and its respective officers, employees,
agents, contractors, and subcontractors for any liability associated with its use in any form. This work
shall not be used to assess actual coastal hazards, insurance requirements, or property values
and specifically shall not be used in lieu of Flood Insurance Studies and Flood Insurance Rate Maps
issued by the Federal Emergency Management Agency (FEMA).
Data Sources: US Geological Survey, Department of Commerce (DOC), National Oceanic and Atmospheric
Administration (NOAA), National Ocean Service (NOS), Coastal ServicesCenter (CSC), Scripps Institution
of Oceanography, Phillip WIlliams and Associates, Inc. (PWA), US Department of Agriculture (USDA),
California Coastal Commission, and National Aeronautics and Space Administration (NASA). Imagery from ESRI and i-cubed.
Created by the Pacific Institute, Oakland, California, 2009.
California Flood Risk: Sea Level Rise
00.511.520.25
Miles
01230.5
Kilometers
1:
2:
3:
4:
5:
6:
7:
8:
Seal Beach
Newport Beach
Tustin
not printed
Laguna Beach
not printed
not printed
not printed867
1 2 3
54
§¨¦
£¤
")
¬«
Interstate
US Highway
State Highway
County Highway
Grid coordinates:
UTM Zone 11N meters
Adjoining Quadrangles:
Map extents match USGS 7.5 minute topographic maps
Project funded by the California Energy Commission’s
Public Interest Energy Research Program, CalTrans,
and the California Ocean Protection Council
Newport Beach OE S Quadrangle
NAD83 GCS degrees
Coastal Zone Boundary
Current Coastal Base Flood
(approximate 100-year flood extent)
Sea Level Rise Scenario
Coastal Base Flood + 1.4 meters (55 inches)
Landward Limit of
Erosion High Hazard Zone in 2100
29
30
31
32
03/13/2018
Attachment No. ZA 4
Seawall Conditions Report
33
P M A C O N S U L T I N G , I N C .
CONSULTING STRUCTURAL ENGINEERS
28161 Casitas Ct. PH. (714) 717-7542
Laguna Niguel, CA 92677
e-mail: p.petrov@pma-bg.com
January 06, 2020
Richard W. Barrett
930 Via Lido Nord
Newport Beach, CA 92663
BULKHEAD/SEAWALL CONDITIONS REPORT
Richard W. Barrett; Applicant
930 Via Lido Nord
City of Newport Beach, County of Orange
PMA Job #24918-1
Dear Mr. Barrett,
PMA Consulting, Inc. is pleased to provide this report in accordance with Section
21.30.15.E.3 of City of Newport Beach Municipal Code.
STATEMENT OF THE PREPARER’S QUALIFICATIONS
Plamen Petrov, P.E., the preparer of this report, holds a Master of Science in Structural
Engineering from University of Architecture, Structural Engineering & Geodesy of Sofia, Bulgaria,
and is a Licensed Civil Engineer by the State of California Certificate No. C66947. For the last 19
years of his professional career he has been actively involved in the design and entitlement of
many Waterfront Developments such as custom homes, seawalls, piers, platforms, floating docks
and marinas. A great number of Bulkhead Condition Reports prepared by him have been reviewed
and accepted/approved by California Coastal Commission.
All the above being said, Plamen Petrov, P.E. shall be considered a qualified preparer for
the Bulkhead/Seawall Conditions Report on this project.
OBSERVATIONS
Cursory observations of the existing seawalls were conducted by a representative of our
office on June 27, 2018 and on August 29, 2019. Observed were the visible/exposed portion of the
waterfront face of the upper seawall, waterfront face of the lower seawall and partially exposed
concrete buttress walls of lower seawall.
FINDINGS
The cast-in-place concrete seawalls were found in a generally good condition, without
evidences of distress or instability, except for a few repairable cracks on lower seawall. The
strength and stability of the lower seawall is provided by concrete buttress walls in direction
perpendicular to the seawall. Such seawall assembly doesn’t need, thus doesn’t have tiebacks. The
absence of coping at the upper seawall, and the existence of pool behind it gives us the base to34
assume that it has been constructed as a typical retaining wall consisting of concrete footing placed
underneath the pool, and cast-in-place concrete stem wall on top of footing, without tiebacks.
CONCLUSION
Based on the cursory visual observations we conclude that the existing seawalls are
required to protect the principal structure and site improvements on the lot, the adjacent properties,
public facilities and infrastructure; thus, they can’t be removed. Removal of the seawalls will result
in erosion and undermining the foundations of the structures and site walls at the subject site and
both adjacent sites. Top of Lower Seawall Elevation at +7.17’NAVD88 is below the minimum
required top of seawall elevation of +10.0’MLLW per City of Newport Beach Standards, but top
of Upper Seawall Elevation at +11.7’NAVD88 is above it. Since the two seawalls are considered
to act/perform as one protective devise for this property, together they shall be considered as
meeting the current City of Newport Beach Standards in terms of height. Once the existing lower
seawall is raised in compliance with the enclosed drawings SW-1 thru SW-3, need for a new
shoreline protective devise is not anticipated over the economic life of the existing development to
protect it from flooding, wave runup or erosion. If found not adequate for the actual sea level rise
over the next 75 years, the existing seawalls assemblies allow to be increased in height per the
enclosed STD-601-L without further seaward encroachment. If during this period the seawalls
displays any sign of distress that requires immediate attention, they should be repaired or replaced
at that time accordingly, without seaward encroachment from its current location.
The above conclusion was prepared based on the existing conditions, proposed drawings,
current projection of future Sea-Level Rise, and within the inherent limitations of this study, in
accordance with generally acceptable engineering principles and practices. We make no further
warranty, either expressed or implied.
PMA Consulting, Inc. appreciates the opportunity to work with you towards the successful
completion of your project. Should you have any questions regarding this report, please contact us.
any questions regarding this report, please give us a call.
Respectfully submitted,
Plamen Petrov, P.E.
Principal
Enclosures:
Seawall DWGS SW-1 thru SW-3
STD-601-L
35
36
37
38
03/13/2018
Attachment No. ZA 5
Project Plans
39
40
41
42
43