HomeMy WebLinkAbout03_Inter-Pro Property Corporation Residence CDP_PA2021-215CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 16, 2021
Agenda Item No. 3
SUBJECT: Inter-Pro Property Corporation Residence (PA2021-215)
▪Coastal Development Permit No. CD2021-056
SITE LOCATION: 522 Via Lido Nord
APPLICANT: Anne Fox, MIC, Inc.
OWNER: Inter-Pro Property Corporation
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221 or mwhelan@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached)
•Zoning District: R-1 (Single-Unit Residential)
•Coastal Land Use Plan Category: RSD-C (Single Unit Residential Detached 10.0-
19.9 DU/AC)
•Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A request for a coastal development permit to construct a new 1,665-square-foot, single-
family residence including an attached 498-square-foot, two-car garage. The structure
would reach a height of approximately 24 feet and includes two stories. The project
includes reinforcing and raising the existing bulkhead. The project also includes additional
appurtenances such as site walls, fences, patios, landscaping, and drainage devices. The
design complies with all development standards including height, setbacks, and floor area
limit, and no deviations are requested. The project will occupy the underlying legal Lot
502 which was previously developed with Lot 501 as 520 Via Lido Nord. The project will
be assigned the new address 522 Via Lido Nord.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division
6, Chapter 3, because it has no potential to have a significant effect on the environment;
and
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3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2021-056 (Attachment No. ZA 1).
DISCUSSION
Land Use and Development Standards
• 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.
• The property currently consists of a single-family residence over two lots (Lot 501
and Lot 502) as 520 Via Lido Nord. A sperate Coastal Development Permit is in
process for the demolition of the existing single-family dwelling and Lot 501 is being
merged with Lot 500 for a separate single-family development (PA2021-183). The
neighborhood is predominantly developed with one- and two-story, single-family
residences, as evidenced in Figure 1. The proposed design, bulk, and scale of the
development is consistent with the existing neighborhood pattern of development
and expected future development is consistent with applicable development
standards.
Figure 1 – Aerial Imagery
Subject Property
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• The proposed single-family dwelling and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1 below.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Bay) 10 feet 44 feet, 11 inches
Sides 3 feet 3 feet
Front (Street) 4 feet 4 feet
Allowable Floor Area (max.) 3,658 square feet 1,665 square feet
Allowable 3rd Floor Area (max.) 365 square feet 0 square feet
Open Space (min.) 310 square feet >310 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot sloped roof
Hazards
• A Coastal Hazards Report, Sea Level Rise Analysis and Bulkhead Conditions Report
was prepared by PMA Consulting, Inc. dated July 26, 2021, for the project. The
current maximum bay water elevation is 7.7 feet (NAVD88) and the existing bulkhead
is 8.83 feet (NAVD88). The report analyzes future sea level rise scenarios assuming
a 3.0-foot increase in the maximum water level over the next 75 years (i.e. the life of
the structure). Therefore, the sea level is estimated to reach approximately 10.90 feet
(NAVD88) - (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 project includes reinforcing
and raising the existing seawall to 11.19 feet (NAVD88) with an adaptability elevation
of 14.4 feet (NAVD88). This is above the minimum required 10.9 feet (NAVD88).
Flooding, wave runup, and erosion will not significantly impact this property over the
proposed 75-year economic life of the development. Flood shields (sandbags and
other barriers) can be deployed across the openings to protect and prevent flooding
to the structure. The report concludes that the proposed project will be reasonably
safe from flooding hazards for the next 75 years.
• On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential
Facilities. The guidelines require that any structure permitted within the years 2021
through 2025 have a minimum elevation of 10.9 feet (NAVD88) with a design for
adaptability elevation of 14.4 feet (NAVD88). The project includes a bulkhead at
12.44 feet (NAVD88). The bulkhead is designed for adaptability up to 14.4 feet
(NAVD88) if needed and in compliance with the updated guidelines.
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• The finished floor elevation of the proposed single-family residence is 12.61 feet
(NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation
standard. The Coastal Hazards Report concludes that the bay water elevation will
not exceed the proposed finished floor for the anticipated 75-year life of the structure.
• Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv)
– (Natural Landform and Shoreline Protection - Development Standards), the
property owner will be required to enter into an agreement with the City waiving any
potential right to protection to address situations in the future in which the
development is threatened with damage or destruction by coastal hazards (e.g.,
waves, erosion, and sea level rise). The property owner will also be required to
acknowledge any hazards present at the site and unconditionally waive any claim to
damage or liability against the decision authority, consistent with NBMC Section
21.30.015(D)(3)(c) – (General Site Planning and Development Standards -
Waterfront Development). Both requirements are included as conditions of approval
that will need to be satisfied prior to final building inspection, and prior to the issuance
of building permits, respectively.
• 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 a building permit. Permit issuance is also contingent on the
inclusion of design mitigation identified in the investigations. Construction plans are
reviewed for compliance with approved investigations and CBC prior to building
permit issuance.
Water Quality
• The property is located adjacent to coastal waters. A Construction Erosion Control
Plan was provided to implement temporary Best Management Practices (BMPs)
during construction to minimize erosion and sedimentation and to minimize pollution
of runoff and coastal waters derived by construction chemicals and materials.
• Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan),
due to the proximity of the development to the shoreline and the development
containing more than 75 percent of impervious surface area, a Water Quality and
Management Plan (WQMP) is required. A preliminary WQMP was prepared on July
27, 2021 for the project by Toal Engineering, Inc. The WQMP includes a polluted
runoff and hydrologic site characterization, a sizing standard for BMPs, use of an Low
Impact Development (LID) approach to retain the design storm runoff volume on site,
and documentation of the expected effectiveness of the proposed BMPs.
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Public Access and Views
• The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is across the bay at Kings Road Park and is not visible from the site. As
currently developed, the existing property and other residences along the bay and
Via Lido Nord are located within the view shed of the park and bay. However, the
proposed single-family residence complies with all applicable Local Coastal Program
(LCP) development standards and maintains a building envelope consistent with the
existing neighborhood pattern of development. Additionally, the project does not
contain any unique features that could degrade the visual quality of the coastal zone
• The front of the residence, which is visible from the bay, provides a large setback of
44 feet where the required setback is 10 feet. The proposed residence includes two
stories and reaches a maximum height of 24 feet, where three stories and a
maximum height of 29 feet is allowed per the NBMC. Lastly, the design includes
modulation of volume throughout the structure and low front site walls that prevent
the appearance of the site being walled off from the bay. Therefore, the project does
not have the potential to degrade the visual quality of the Coastal Zone or result in
significant adverse impacts to existing public views.
• The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) requires that the provision of public access bear a
reasonable relationship between the requirement and the project’s impact and be
proportional to the impact. In this case, the project replaces an existing single-family
residence located on standard residential lot with a new single-family residence.
Therefore, the project does not involve a change in land use, density or intensity that
will result in increased demand on public access and recreation opportunities.
Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so
as not to block or impede existing public access opportunities.
• Vertical and lateral access to the bay and beach is available 455 feet northwest of
the property at Genoa Park, which is the terminus of Via Genoa. Lateral access is
available along the beach in front of Genoa Park. Additional vertical access points to
the water are located at the terminus of Via Orvieto. The project does not include any
features that would obstruct access along these routes.
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ENVIRONMENTAL REVIEW
This project is categorically exempt pursuant to Title 14 of the California Code of Regulations
Section 15303, Division 6, Chapter 3, Guidelines for Implementation of the California
Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of
Small Structures), because it has no potential to have a significant effect on the
environment.
Class 3 exempts the demolition of up to three single-family residences and construction
of up to six dwelling units in urbanized areas. The proposed project consists of the
demolition of one single-family residence and the construction of a new 1,665-square-
foot, single-family residence and attached 498-square-foot garage.
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 (Appeal
to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of
Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
MS/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2021-056 TO CONSTRUCT A
NEW TWO (2)-STORY SINGLE-FAMILY RESIDENCE AND
ATTACHED TWO (2)-CAR GARAGE LOCATED AT 522 VIA LIDO
NORD (PA2021-215)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Anne Fox, MIG, Inc., with respect to property located at 522
Via Lido Nord, requesting approval of a coastal development permit.
2. The lot at 522 Via Lido Nord is legally described as Lot 502 of Tract No. 907 in the City
of Newport Beach, Orange County, California.
3. The applicant proposes to construct a new single-family residence of 1,665 square feet
including an attached 498-square-foot, two (2)-car garage. The structure would reach a
height of approximately 24 feet and includes two (2) stories. The project includes
reinforcing and raising the existing bulkhead. The project also includes additional
appurtenances such as site walls, fences, patios, landscaping, and drainage devices. The
design complies with all development standards including height, setbacks, and floor area
limit, and no deviations are requested. The project will occupy the underlying legal Lot 502
which was previously developed with Lot 501 as 520 Via Lido Nord. The project will be
assigned the new address 522 Via Lido Nord.
4. The subject property is designated RS-D (Single Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1 (Single-Unit Residential)
Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-C (Single Unit Residential Detached 10.0-19.9 DU/AC) and it is located
within the R-1 (Single-Unit Residential) Coastal Zoning District.
6. A public hearing was held on December 16, 2021, online via Zoom. A notice of time, place
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Division 6, Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
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02-03-2020
Conversion of Small Structures), because it has no potential to have a significant effect
on the environment.
2. Class 3 exempts the demolition of up to three (3) single-family residences and
construction of up to six (6) dwelling units in urbanized areas. The proposed project
consists of the construction of a new 1,665-square-foot, single-family residence
including an attached 498-square-foot, two (2)-car-garage.
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 development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 3,658 square feet and the proposed floor area
is 1,665 square feet.
b. The proposed development provides the minimum required setbacks, which are 4
feet along the front property line abutting Via Lido Nord, 3 feet along each side
property line and 10 feet along the front property line abutting the Bay.
c. The highest guardrail and ridge are less than 24 feet from established grade (12.79
feet NAVD88), which complies with the maximum height requirements.
d. The project includes garage parking for a total of two (2) vehicles, complying with
the minimum two (2)-car garage parking requirements for single-family residences
with less than 4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with two (2)-story, single- and two (2)-
family residences. The proposed design, bulk, and scale of the development is
consistent with the existing neighborhood pattern of development.
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3. The development fronts the Newport Bay and is protected by a bulkhead. A bulkhead
conditions report was prepared by PMA Consulting, Inc. on July 26, 2021. The report
concluded that the bulkhead is in generally good condition. The project includes
reinforcing and raising the existing seawall to 11.19 feet (NAVD88) with an adaptability
elevation of 14.4 feet (NAVD88). This is above the minimum required 10.9 feet
(NAVD88). Flooding, wave runup, and erosion will not significantly impact this property
over the proposed 75-year economic life of the development. Flood shields (sandbags
and other barriers) can be deployed across the openings to protect and prevent flooding
to the structure. The report concludes that the proposed project will be reasonably safe
from flooding hazards for the next 75 years.
4. A Coastal Hazards Report and Sea Level Rise Analysis and Bulkhead Conditions
Report was prepared by PMA Consulting, Inc. dated July 26, 2021, for the project. The
report analyzes future sea level rise scenarios assuming a 3.0-foot increase in the
maximum water level over the next 75 years (i.e. the life of the structure). Therefore, the
sea level is estimated to reach approximately 10.90 feet (NAVD88) - (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 project includes reinforcing and raising the existing seawall to 11.19
feet (NAVD88) with an adaptability elevation of 14.4 feet (NAVD88). This is above the
minimum required 10.9 feet (NAVD88). Flooding, wave runup, and erosion will not
significantly impact this property over the proposed 75-year economic life of the
development. Flood shields (sandbags and other barriers) can be deployed across the
openings to protect and prevent flooding to the structure. The report concludes that the
proposed project will be reasonably safe from flooding hazards for the next 75 years.
5. The finished floor elevation of the proposed single-family residence is 12.61 feet
(NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard.
The Coastal Hazard Report concludes that the bay water elevation (currently 7.7 feet
NAVD88) will not exceed the proposed finished floor for the anticipated 75-year life of
the structure.
6. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) – (Natural Landform and Shoreline
Protection - Development Standards), the property owner will be required to enter into an
agreement with the City waiving any potential right to protection to address situations in
the future in which the development is threatened with damage or destruction by coastal
hazards (e.g., waves, erosion, and sea level rise). The property owner will also be required
to acknowledge any hazards present at the site and unconditionally waive any claim to
damage or liability against the decision authority, consistent with NBMC Section
21.30.015(D)(3)(c) – (General Site Planning and Development Standards - Waterfront
Development). Both requirements are included as conditions of approval that will need to
be satisfied prior to final building inspection, and prior to the issuance of building permits,
respectively.
7. 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
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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.
8. The property is located adjacent to coastal waters. A Construction Erosion Control Plan
was provided to implement temporary Best Management Practices (BMPs) during
construction to minimize erosion and sedimentation and to minimize pollution of runoff and
coastal waters derived by construction chemicals and materials.
9. Pursuant to Municipal Code Section 21.35.050 (Water Quality and Management Plan),
due to the proximity of the development to the shoreline and the development containing
more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan
(WQMP) is required. A preliminary WQMP was prepared on July 27, 2021 for the project
by Forkert Engineering & Surveying, Inc. The WQMP includes a polluted runoff and
hydrologic site characterization, a sizing standard for BMPs, use of an Low Impact
Development (LID) approach to retain the design storm runoff volume on site, and
documentation of the expected effectiveness of the proposed BMPs.
10. Proposed landscaping complies with Implementation Plan Section 21.30.075
(Landscaping). A condition of approval is included that requires drought-tolerant
species. Prior to issuance of building permits, the final landscape plans will be reviewed
to verify invasive species are not planted.
11. The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is across the bay at Kings Road Park and the site is only slightly visible from the
park. As currently developed, the existing property and other residences along the bay and
Via Lido Nord are located within the view shed of the park and bay. However, the proposed
single-family residence complies with all applicable Local Coastal Program (LCP)
development standards and maintains a building envelope consistent with the existing
neighborhood pattern of development. Additionally, the project does not contain any
unique features that could degrade the visual quality of the coastal zone.
12. The front of the residence, which is visible from the bay, provides a large setback of 44
feet where the required setback is 10 feet. The proposed residence includes two (2)
stories and reaches a maximum height of 24 feet, where three (3) stories and a
maximum height of 29 feet is allowed per the NBMC. Lastly, the design includes
modulation of volume throughout the structure and low front site walls that prevent the
appearance of the site being walled off from the bay. Therefore, the project does not have
the potential to degrade the visual quality of the Coastal Zone or result in significant
adverse impacts to existing public views.
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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 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
between the requirement and the project’s impact and be proportional to the impact. In this
case, the project replaces an existing single-family residence located on standard
residential lot with a new single-family residence. The lot is zoned for multi-family, but the
existing development is single family. 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 and lateral access to the bay and beach is available 455 feet northwest of the
property at Genoa Park, which is the terminus of Via Genoa. Lateral access is available
along the beach in front of Genoa Park. Additional vertical access points to the water are
located at the terminus of Via Orvieto. The project does not include any features that would
obstruct access along these routes.
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 pursuant to Section
15303 under Class 3 (Conversion or Construction 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. CD2021-056, 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 (Appeal to the Coastal Commission.) of the City’s certified LCP and Title 14
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
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PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF DECEMBER, 2021
_____________________________________
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. 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.
3. 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.
4. Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
5. Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building
Division.
6. 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.
7. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
approved CPPP and WQHP/WQMP and any changes could require separate review
and approval by the Building Division.
8. Prior to the issuance of building permits, the applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought tolerant plantings, non-invasive
plant species and water efficient irrigation design. The plans shall be approved by the
Planning Division.
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9. The grade determination for the purposes of measuring height of accessory structures
within the 10-foot front yard setback along the waterfront, authorized by Staff Approval
No. SA2021-008 shall be based on the grade of 12.71 feet (NAVD88).
10. Prior to final of building permits, the existing seawall shall be reinforced and capped to
11.19 feet (NAVD 88) and capable to be raised up to 14.4 feet (NAVD 88), in compliance
with the City of Newport Beach Waterfront Project Guidelines and Standards, Harbor
Design Criteria Commercial and Residential Facilities in accordance with the
recommendations provided in the Coastal Hazards Report and Bulkhead Conditions
Report prepared by PMA Consulting, Inc., dated July 26, 2021.
11. Prior to the final building permit inspection for the dwelling at 522 Via Lido Nord, building
permits for the new dwelling at 520 Via Lido Nord shall be issued and construction
commenced to ensure no net loss of housing units through project implementation.
12. 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.
13. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
14. This Coastal Development Permit does not authorize any development seaward of the
private property.
15. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds 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 (1) or two (2) short follow-up surveys will be necessary to check on the nest
and determine when the nest is no longer active.
15
Zoning Administrator Resolution No. ZA2021-###
Page 9 of 10
02-03-2020
16. 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.
17. 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.
18. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stockpiles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
19. 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.
20. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
21. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
22. 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.
23. 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.
24. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing, and trimming.
All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall
be kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
25. 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.
26. 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.
16
Zoning Administrator Resolution No. ZA2021-###
Page 10 of 10
02-03-2020
27. This Coastal Development Permit No. CD2021-056 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.
28. 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 Inter-Pro Property Corporation Residence including, but not limited to,
Coastal Development Permit No. CD2021-056 (PA2021-215). 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.
17
Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Coastal Development Permit No. CD2021-056
(PA2021-215)
522 Via Lido Nord
Subject Property
19
Tmplt: 07/25/19
Attachment No. ZA 3
Project Plans
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LOT 499LOT 501TRACT NO. 907M.M. 28/25-36LOT 503LOT 502LOT 500GRAPHIC SCALEPAUL D. CRAFT, P.L.S. 8516 DATENOTE: SECTION 8770.6 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODESTATES THAT THE USE OF THE WORD CERTIFY OR CERTIFICATION BY ALICENSED LAND SURVEYOR IN THE PRACTICE OF LAND SURVEYING OR THEPREPARATION OF MAPS, PLATS, REPORTS, DESCRIPTIONS OR OTHER SURVEYINGDOCUMENTS ONLY CONSTITUTES AN EXPRESSION OF PROFESSIONAL OPINIONREGARDING THOSE FACTS OR FINDINGS WHICH ARE THE SUBJECT OF THECERTIFICATION AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE,EITHER EXPRESSED OR IMPLIED.LICENSE RENEWAL DATE 12/31/22NCCRAFT
LANS RVEYO
BRICK SURFACELEGENDEXISTING ELEVATION( )AC ASPHALT PAVEMENTTEMPORARY BENCHMARKTBMBLOCK WALLLCCENTERLINEGM GAS METERFSFLFINISHED SURFACEFLOWLINESET ON A WATER METER (WM)ELEVATION = 12.47 FEETSURVEYOR OR ENGINEER SHALL PERMANENTLY MONUMENT PROPERTYCORNERS OR OFFSETS BEFORE STARTING GRADING.PLEASE CALL PAUL CRAFT @ 714-488-5006 TO SCHEDULE.SURVEYOR'S NOTESFFFINISH FLOORNG NATURAL GROUNDTOP OF CURBTCSEARCHED, FOUND NOTHING; SETNOTHINGEGEDGE OF GUTTERWATER METERWMBASIS OF BEARINGS THE BASIS OF BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINEM.M. 28/25-36.VICINITY MAPBENCHMARK INFORMATIONTITLE REPORT/EASEMENT NOTES: 520 VIA LIDO NORDLEGAL DESCRIPTION518 VIA LIDO NORD:REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA AND ISDESCRIBED AS FOLLOWS:LOT 500 IN TRACT NO. 907, IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAPRECORDED IN BOOK 28, PAGES 25-36, OF MISCELLANEOUSMAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAIDCOUNTY.520 VIA LIDO NORD:REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA AND ISDESCRIBED AS FOLLOWS:LOT 501 AND 502 IN TRACT NO. 907, IN THE CITY OF NEWPORTBEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PERMAP RECORDED IN BOOK 28, PAGES 25-36, OFMISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.BENCHMARK NO: NB3-17-77DESCRIBED BY OCS 2002 - FOUND 3 3\4" OCSALUMINUM BENCHMARK DISK STAMPED "NB3-1777",SET IN THE TOP OF A CONCRETE BRIDGEABUTMENT. MONUMENT IS LOCATED IN THESOUTHEAST CORNER OF THE INTERSECTION OF VIALIDO AND THE WEST LIDO CHANNEL, 22.3 FT.SOUTHERLY OF THE CENTERLINE OF VIA LIDO AND0.35 MILES SOUTHEASTERLY OF NEWPORTBOULEVARD. MONUMENT IS SET LEVEL WITH THESIDEWALK.ELEVATION: 24.503 FEET (NAVD88), YEAR LEVELED 2015WOOD FENCE (WDF)WOOD FENCEWDFFFGFINISH FLOOR GARAGECONCRETE SURFACETOP OF DECKTDTELEPHONE MANHOLETMHTOP OF SEAWALLTSWSMH SEWER MANHOLEPC PALM TREE CLUSTERBBQ BARBEQUE EMHELECTRICAL MANHOLECURVE TABLECURVEDELTALENGTHRADIUSC230.01'772.50'C330.06'772.50'C160.07'772.50'TITLE REPORT/EASEMENT NOTES: 518 VIA LIDO NORDROOF SURFACESEAWALL25
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DATE: November 23, 2021
TO: Jaime Murillo, Zoning Administrator, City of Newport Beach
FROM: Anne Fox, Senior Planner, MIG, Inc.
SUBJECT: Continuance Request – November 24th Agenda Item Nos. 4 & 5
As the authorized representative of Inter-Pro Property Corporation, I am respectfully
requesting that the subject Zoning Administrator Agenda items scheduled for hearing at
your November 24th meeting be continued to the next available meeting of December 16,
2021. This request is being made for both of the following Agenda items:
Item No. 4
Lot Merger No. LM2021-004, Coastal Development Permit No. CDP No. CD2021-033 &
Staff Approval No. SA2021-008 (PA2021-183)
520 Via Lido Nord (Currently 518 and a portion of 520 Via Lido Nord)
Item No. 5
Coastal Development Permit No. CDP No. 2021-056 (PA2021-215)
522 Via Lido Nord (Currently a portion of 520 Via Lido Nord)
Thank you for your consideration of this matter. I can be reached at annef@migcom.com
or via my mobile number on file should you have any questions.
Zoning Administrator - December 16, 2021 Item No. 3a Additional Materials Received for Prior Meeting Inter-Pro Property Corporation Residence CDP (PA2021-215)
November 24, 2021, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item 5. Inter-Pro Property Corporation Residence Coastal
Development Permit No. CD2021-056 (PA2021-215)
See comments on the related Item 4.
Handwritten page 1, title block: “APPLICANT: Anne Fox, MIC, Inc.” [Per handwritten page 8
(see below, and Item 4) that should read “MIG”?]
Handwritten page 8, paragraph 1.1: “An application was filed by Anne Fox, MIG, Inc., with
respect to property located at 522 Via Lido Nord, requesting approval of a coastal development
permit.” [The reference to “522 Via Lido Nord” here, and in the resolution title and in paragraph
1.2, is confusing since no such address currently exists, and presumably would not exist without
approval of Item 4 on the present agenda – with an explanation not provided until the end of
paragraph 1.3. The staff report strongly implies that although there is an existing structure
sharing lots 501 and 502 they were never merged and hence do not need to be split.]
Handwritten page 8, paragraph 3.A.1.c: “The highest guardrail and ridge are less than 24 feet
from established grade (12.79 feet NAVD88), which complies with the maximum height
requirements.” [Does this approval rely on the grade establishment in Item 4 (if not for this, for
bayfront accessories)? Also paragraph 5 on handwritten page 10 says “the finished floor
elevation of the proposed single-family residence is 12.61 feet.” Is the finished floor below the
established grade?]
Handwritten page 10, paragraphs 3 and 4: These seem mostly the same.
Handwritten pages 10-11, paragraph 7: “Geotechnical investigations specifically addressing
liquefaction are required to be reviewed and approved prior to the issuance of building permits.”
[This does not seem to be repeated as a condition of approval. Does it need to be?]
Handwritten page 11, paragraph 9: “The WQMP includes a polluted runoff and hydrologic site
characterization, a sizing standard for BMPs, use of an a Low Impact Development (LID)
approach to retain the design storm runoff volume on site, and documentation of the expected
effectiveness of the proposed BMPs.”
Handwritten page 12, paragraph B.1: “The lot is zoned for multi-family, but the existing
development is single family.” [?? This does not match the earlier description of the site or the
title page of the staff report.]
Handwritten page 12, paragraph B.2: “Vertical and lateral access to the bay and beach is
available 455 feet northwest of the property at Genoa Park, which is the terminus of Via
Genoa. Lateral access is available along the beach in front of Genoa Park.” [The resolution for
Item 4 says “Vertical and lateral access to the bay and beach is available 280 feet northwest of
the property at the terminus of Via Koron, where there is access to the beach along the bay.”
Why do they differ?]
Zoning Administrator - December 16, 2021 Item No. 3a Additional Materials Received for Prior Meeting Inter-Pro Property Corporation Residence CDP (PA2021-215)
November 24, 2021, ZA agenda Item 5 comments - Jim Mosher
Handwritten page 14, Condition of Approval 7: “Implementation shall be in compliance with the
approved CPPP and WQHP/WQMP and any changes could require separate review and
approval by the Building Division.” [“WQHP” apparently stands for “Water Quality and Hydrology
Plan” per paragraph 9 on handwritten page 11, and is redundant with “WQMP.” But what is a
“CPPP”?]
Handwritten page 14, Condition of Approval 20: “This Coastal Development Permit may be
modified or revoked by the Zoning Administrator if it is determined that the proposed uses or
conditions under which it is being operated or maintained is are 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.”
Handwritten page 14, Condition of Approval 22: “Prior to the issuance of building permit
permits, the applicant shall pay any unpaid administrative costs associated with the processing
of this application to the Planning Division.”
Handwritten page 28: The arrow to the “Project site” in the inset in the lower right (pointing to a
lot in the Lido Village area) has no obvious relation to the project site on “Lido Island” (“Lido Isle”
according to Tract Map No. 907) described in the staff report.
Zoning Administrator - December 16, 2021 Item No. 3a Additional Materials Received for Prior Meeting Inter-Pro Property Corporation Residence CDP (PA2021-215)
From:Jim Mosher
To:CDD
Subject:Comments on 12/16/2021 Zoning Administrator Items 2 & 3
Date:December 15, 2021 11:14:25 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Although it is not apparent from either the agenda or the current staff reports, the
public notices for Item 2 and Item 3 at the December 16, 2021, Newport Beach
Zoning Administrator hearing indicate they were continued from the November 24
hearing, at which they were heard as Item 4 and 5.
The archived records for Item 4 from November 24 indicate comment letters about it
and former Item 5 were received from Coastal Commission District Supervisor ZachRehm and from me (see pages 62 through 67 of the 67-page Item 4 PDF archive and
my letter on pages 46 through 47 of the 47-page Item 5 PDF archive).
Those letters independently questioned whether the two items could be considered
as separate developments or were part of a single one. The Coastal Commission
letter additionally asserts that the City lacks authority to approve alterations to the
bulkhead, while mine pointed out a number of typographical errors in the staff report.
As best I can tell, the present staff reports differ from the previous ones only in the
date and item number on the first page and the hearing date stated in the proposed
resolutions.
As such, they do not acknowledge, let alone address, the earlier comments.
Isn't this unusual?
Shouldn't the resolution at least state that a hearing was scheduled for November 24,
but continued?
If, instead, staff has determined that the comments submitted on November 24 do notcount, I would like to reassert mine.
Yours sincerely,
Jim Mosher
Zoning Administrator - December 16, 2021 Item No. 3b Additional Materials Received Inter-Pro Property Corporation Residence CDP (PA2021-215)
05-14-19
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2021-056 TO CONSTRUCT A
NEW TWO (2)-STORY SINGLE-FAMILY RESIDENCE AND
ATTACHED TWO (2)-CAR GARAGE LOCATED AT 522 VIA LIDO
NORD (PA2021-215)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Anne Fox, MIG, Inc., with respect to property located at 522
Via Lido Nord, requesting approval of a coastal development permit.
2.The at proposed site at 522 Via Lido Nord is legally described as Lot 502 of Tract No. 907
in the City of Newport Beach, Orange County, California.
3.The applicant proposes to construct a new single-family residence of 1,665 square feet
including an attached 498-square-foot, two (2)-car garage. The structure would reach a
height of approximately 24 feet and includes two (2) stories. The project includes
reinforcing and raising the existing bulkhead. The project also includes additional
appurtenances such as site walls, fences, patios, landscaping, and drainage devices. The
design complies with all development standards including height, setbacks, and floor area
limit, and no deviations are requested. The project will occupy the underlying legal Lot 502
which was previously developed with Lot 501 as 520 Via Lido Nord. The project will be
assigned the new address 522 Via Lido Nord.
4.The subject property is designated RS-D (Single Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1 (Single-Unit Residential)
Zoning District.
5.The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-C (Single Unit Residential Detached 10.0-19.9 DU/AC) and it is located
within the R-1 (Single-Unit Residential) Coastal Zoning District.
5.6. Implementation of CD2021-056 and CD2021-033, as conditioned, will result in no net loss
of density.
6.7. A public hearing was held scheduled on November 24, 2021 and continued to on
December 16, 2021.The public hearing was held , online via Zoom. A notice of time, place
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this hearing.
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Zoning Administrator - December 16, 2021 Item No. 3c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence CDP (PA2021-215)
Zoning Administrator Resolution No. ZA2021-###
Page 2 of 11
02-03-2020
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Division 6, Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures), because it has no potential to have a significant effect
on the environment.
2. Class 3 exempts the demolition of up to three (3) single-family residences and
construction of up to six (6) dwelling units in urbanized areas. The proposed project
consists of the construction of a new 1,665-square-foot, single-family residence
including an attached 498-square-foot, two (2)-car-garage.
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 development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 3,658 square feet and the proposed floor area
is 1,665 square feet.
b. The proposed development provides the minimum required setbacks, which are 4
feet along the front property line abutting Via Lido Nord, 3 feet along each side
property line and 10 feet along the front property line abutting the Bay.
c. The highest guardrail and ridge are less than 24 feet from established grade (12.79
feet NAVD88), which complies with the maximum height requirements.
Zoning Administrator - December 16, 2021 Item No. 3c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence CDP (PA2021-215)
Zoning Administrator Resolution No. ZA2021-###
Page 3 of 11
02-03-2020
d. The project includes garage parking for a total of two (2) vehicles, complying with
the minimum two (2)-car garage parking requirements for single-family residences
with less than 4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with two (2)-story, single- and two (2)-
family residences. The proposed design, bulk, and scale of the development is
consistent with the existing neighborhood pattern of development.
3. The development fronts the Newport Bay and is protected by a bulkhead. A bulkhead
conditions report was prepared by PMA Consulting, Inc. on July 26, 2021. The report
concluded that the bulkhead is in generally good condition. The project includes
reinforcing and raising the existing seawall to 11.19 feet (NAVD88) with an adaptability
elevation of 14.4 feet (NAVD88). This is above the minimum required 10.9 feet
(NAVD88). Flooding, wave runup, and erosion will not significantly impact this property
over the proposed 75-year economic life of the development. Flood shields (sandbags
and other barriers) can be deployed across the openings to protect and prevent flooding
to the structure. The report concludes that the proposed project will be reasonably safe
from flooding hazards for the next 75 years.Coastal Hazards Report and Sea Level Rise
Analysis was prepared by PMA Consulting, Inc. dated July 26, 2021, for the project. The
current maximum bay water elevation is 7.7 NAVD88 (North American Vertical Datum
of 1988 (NAVD88) and may exceed the existing 8.83 feet NAVD88 top of bulkhead
elevation during high tide or storm events. The report analyzes future sea level rise
scenarios assuming a 3-foot increase in the maximum water level over the next 75 years
(i.e. the life of the structure). Therefore, the sea level is estimated to reach approximately
10.7 feet NAVD88 (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).
3.4. On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities.
The guidelines require that any bulkhead structure permitted within the years 2021
through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD 88) with a
design for adaptability elevation of 14.4 feet (NAVD 88). The project has been
conditioned to raise the bulkhead to an elevation of 11.19 feet (NAVD 88) per the
proposed plans. PMA Consulting, Inc. has confirmed the bulkhead design can be raised
up to 14.4 feet (NAVD 88) if needed and in compliance with the updated guidelines.
5. Once the existing seawall/bulkhead is reinforced and raised per the report’s
recommendations, flooding, wave runup, and erosion will not significantly impact this
property over the proposed 75-year economic life of the development. The report
concludes that the proposed project will be safe from flooding hazards for the next 75
years with the reinforced and raised bulkhead. Therefore, the project has been
conditioned to raise the bulkhead to the 11.19 feet (NAVD88)
per the approved plans.
4. A Coastal Hazards Report and Sea Level Rise Analysis and Bulkhead Conditions
Report was prepared by PMA Consulting, Inc. dated July 26, 2021, for the project. The
report analyzes future sea level rise scenarios assuming a 3.0-foot increase in the
maximum water level over the next 75 years (i.e. the life of the structure). Therefore, the
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Zoning Administrator - December 16, 2021 Item No. 3c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence CDP (PA2021-215)
Zoning Administrator Resolution No. ZA2021-###
Page 4 of 11
02-03-2020
sea level is estimated to reach approximately 10.90 feet (NAVD88) - (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 project includes reinforcing and raising the existing seawall to 11.19
feet (NAVD88) with an adaptability elevation of 14.4 feet (NAVD88). This is above the
minimum required 10.9 feet (NAVD88). Flooding, wave runup, and erosion will not
significantly impact this property over the proposed 75-year economic life of the
development. Flood shields (sandbags and other barriers) can be deployed across the
openings to protect and prevent flooding to the structure. The report concludes that the
proposed project will be reasonably safe from flooding hazards for the next 75 years.
5.6. The finished floor elevation of the proposed single-family residence is 12.61 feet
(NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard.
The Coastal Hazard Report concludes that the bay water elevation (currently 7.7 feet
NAVD88) will not exceed the proposed finished floor for the anticipated 75-year life of
the structure.
6.7. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) – (Natural Landform and Shoreline
Protection - Development Standards), the property owner will be required to enter into an
agreement with the City waiving any potential right to protection to address situations in
the future in which the development is threatened with damage or destruction by coastal
hazards (e.g., waves, erosion, and sea level rise). The property owner will also be required
to acknowledge any hazards present at the site and unconditionally waive any claim to
damage or liability against the decision authority, consistent with NBMC Section
21.30.015(D)(3)(c) – (General Site Planning and Development Standards - Waterfront
Development). Both requirements are included as conditions of approval that will need to
be satisfied prior to final building inspection, and prior to the issuance of building permits,
respectively.
7.8. 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.
8.9. The property is located adjacent to coastal waters. A Construction Erosion Control Plan
was provided to implement temporary Best Management Practices (BMPs) during
construction to minimize erosion and sedimentation and to minimize pollution of runoff and
coastal waters derived by construction chemicals and materials.
9.10. Pursuant to Municipal Code Section 21.35.050 (Water Quality and Management Plan),
due to the proximity of the development to the shoreline and the development containing
more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan
(WQMP) is required. A preliminary WQMP was prepared on July 27, 2021 for the project
by Forkert Engineering & Surveying, Inc. The WQMP includes a polluted runoff and
hydrologic site characterization, a sizing standard for BMPs, use of an Low Impact
Zoning Administrator - December 16, 2021 Item No. 3c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence CDP (PA2021-215)
Zoning Administrator Resolution No. ZA2021-###
Page 5 of 11
02-03-2020
Development (LID) approach to retain the design storm runoff volume on site, and
documentation of the expected effectiveness of the proposed BMPs.
10.11. Proposed landscaping complies with Implementation Plan Section 21.30.075
(Landscaping). A condition of approval is included that requires drought-tolerant
species. Prior to issuance of building permits, the final landscape plans will be reviewed
to verify invasive species are not planted.
11.12. The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is across the bay at Kings Road Park and the site is only slightly visible from the
park. As currently developed, the existing property and other residences along the bay and
Via Lido Nord are located within the view shed of the park and bay. However, the proposed
single-family residence complies with all applicable Local Coastal Program (LCP)
development standards and maintains a building envelope consistent with the existing
neighborhood pattern of development. Additionally, the project does not contain any
unique features that could degrade the visual quality of the coastal zone.
12.13. The front of the residence, which is visible from the bay, provides a large setback of 44
feet where the required setback is 10 feet. The proposed residence includes two (2)
stories and reaches a maximum height of 24 feet, where three (3) stories and a
maximum height of 29 feet is allowed per the NBMC. Lastly, the design includes
modulation of volume throughout the structure and low front site walls that prevent the
appearance of the site being walled off from the bay. Therefore, the project does not have
the potential to degrade the visual quality of the Coastal Zone or result in significant
adverse impacts to existing public views.
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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 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
between the requirement and the project’s impact and be proportional to the impact. In this
case, the project replaces an existing single-family residence located on standard
residential lot with a new single-family residence. The lot is zoned for multi-family, but the
existing development is single family. 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 and lateral access to the bay and beach is available approximately 300 feet
northwest of the property at the terminus of Via Koron, where there is access to the beach
along the bayand lateral access to the bay and beach is available 455 feet northwest of
the property at Genoa Park, which is the terminus of Via Genoa. Lateral access is available
along the beach in front of Genoa Park. Additional vertical access points to the water are
located at the terminus of Via Orvieto. The project does not include any features that would
obstruct access along these routes.
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 pursuant to Section
15303 under Class 3 (Conversion or Construction 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. CD2021-056, 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 (Appeal to the Coastal Commission.) of the City’s certified LCP and Title 14
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California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF DECEMBER, 2021
_____________________________________
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. 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.
3. 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.
4. Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
5. Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building
Division.
6. 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.
7. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
approved CPPP and WQHP/WQMP and any changes could require separate review
and approval by the Building Division.
8. Prior to the issuance of building permits, the applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought tolerant plantings, non-invasive
plant species and water efficient irrigation design. The plans shall be approved by the
Planning Division.
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9. The grade determination for the purposes of measuring height of accessory structures
within the 10-foot front yard setback along the waterfront, authorized by Staff Approval
No. SA2021-008 shall be based on the grade of 12.71 feet (NAVD88).
10. Prior to final of building permits, the existing seawall shall be reinforced and capped to
11.19 feet (NAVD 88) and capable to be raised up to 14.4 feet (NAVD 88), in compliance
with the City of Newport Beach Waterfront Project Guidelines and Standards, Harbor
Design Criteria Commercial and Residential Facilities in accordance with the
recommendations provided in the Coastal Hazards Report and Bulkhead Conditions
Report prepared by PMA Consulting, Inc., dated July 26, 2021.
11. Prior to the final building permit inspection for the dwelling at 522 Via Lido Nord, building
permits for the new dwelling at 520 Via Lido Nord (CD2021-033) shall be issued and
construction commenced to ensure no net loss of housing units through project
implementation.
12. 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.
13. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
14. This Coastal Development Permit does not authorize any development seaward of the
private property.
15. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds 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 (1) or two (2) short follow-up surveys will be necessary to check on the nest
and determine when the nest is no longer active.
Formatted: Underline
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16. 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.
17. 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.
18. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stockpiles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
19. 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.
20. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
21. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
22. 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.
23. This Coastal Development Permit may be modified or revoked by the Zoning
Administrator if it is determined that the proposed uses or conditions under which it is
being operated or maintained is are 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.
24. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing, and trimming.
All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall
be kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
25. Construction activities shall comply with Section 10.28.040 – (Construction Activity—
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of
noise-generating construction activities that produce noise to between the hours of 7:00
a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are
not allowed on Saturdays, Sundays or Holidays.
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26. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 – (Community Noise Control) and other applicable noise control requirements of
the Newport Beach Municipal Code. The maximum noise shall be limited to no more
than depicted below for the specified time periods unless the ambient noise level is
higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
24.
25.27. Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
26.28. 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.
27.29. This Coastal Development Permit No. CD2021-056 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.
28.30. 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 Inter-Pro Property Corporation Residence including, but not limited to,
Coastal Development Permit No. CD2021-056 (PA2021-215). 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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Zoning Administrator - December 16, 2021 Item No. 3c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence CDP (PA2021-215)