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02_Stupin Residence Coastal Development Permit_PA2019-100
CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT September 12, 2019 Agenda Item No. 2 SUBJECT: Stupin Residence (PA2019-100) • Coastal Development Permit No. CD2019-033 SITE LOCATION: 3312-3318, 3322 and 3324 Via Lido APPLICANT: Andrew and Julie Stupin OWNER: Andrew Stupin (Via Lido Group II, LLC. and Palos V Investments, LLC.) PLANNER: Liz Westmoreland, Assistant Planner Westmoreland(cD..newportbeachca.gov, 949-644-3234 LAND USE AND ZONING • General Plan Land Use Plan Category: RM (Multiple -Unit Residential) • Zoning District : RM (Multi -Unit Residential) • Coastal Land Use Plan Category: RM-D (Multiple Unit Residential - 20.0 - 29.9 du\ac) • Coastal Zoning District: RM (Multi -Unit Residential) PROJECT SUMMARY The applicant requests a coastal development permit to allow the construction of a 7,868- square-foot, three-story single-family residence with four garage spaces consisting of 983 square feet. The project also includes the repair, reinforcement, and raising of an existing bulkhead. No work is proposed bayward of the existing bulkhead. The design includes a pool, spa, hardscape, walls, landscaping, and drainage facilities. 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 of Conversion of Small Structures), 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. CD2019-033 (Attachment No. ZA 1). 07/25/19 2 Stupin Residence Zoning Administrator, September 12, 2019 Page 2 DISCUSSION Land Use and Development Standards The subject property is located in the RM Coastal Zoning District, which provides for multi- and single -unit residential development and is consistent with the City's Coastal Land Use Plan, General Plan, and Zoning Code. A coastal development permit (CDP) 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. • On March 16, 2018, the Community Development director approved Staff Approval No. SA2018-006 finding the demolition of a four -unit residential structure on the project site to be in compliance with Zoning Code Chapter 20.34 and Local Coastal Program Implementation Plan Chapter 21.34 (Conversion or Demolition of Affordable Housing). The staff approval concluded that there will be no conversion of residential to nonresidential uses, and none of the units are and/or were occupied by low- and moderate income families or persons. On August 9, 2019, Tentative Parcel Map No. NP2018-012 and associated Coastal Development Permit No. CD2019-045 were approved for the subject property to create one building site from two existing lots containing multiple ownerships. The approved parcel map shall be recorded prior to issuance of building permits for this project. The subject neighborhood contains a variety of uses and development types, with no uniform pattern or consistent design style. The block contains single-family residences and duplexes containing two stories. The Lido Villas townhome project is currently under construction across Via Lido to the west, which consists of three-story structures designed to a height of approximately 34 feet. The St. James Episcopal Church is located to the south at the comer of Via Lido and Via Malaga. The Lido Park condominium building located further south near the Lido Bridge reaches a height of more than 100 feet and contains approximately 55 dwelling units. Lastly, commercial buildings are located to the north at the corner of Via Oporto and Via Lido near Lido Marina Village. The proposed design, height, and bulk of the development would not be out of scale with the existing development in the area, which varies in height and bulk. The proposed single-family dwelling and accessory structures conform to al 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. Tmplt 07019 Stupin Residence Zoning Administrator, September 12, 2019 Page 3 Table 1 — Development Standards Development Standard Standard Pro osed Setbacks (min.) Front(Bay) 10 feet 10 feet Sides 7.5 feet 7.5 feet Front (Via Lido) 4 feet 4 feet Allowable Floor Area max. 10,110 square feet 8,851 square feet Allowable 31 Floor Area (max.) N/A 1,097 square feet Open Space min. 867s uare feet > 2,600 s uare feet Parking (min.) 3-car garage 4-car garage totals aces Height (max.) 28 feet flat roof 33 feet slo ed roof 28 feet flat roof 33 feet slo ed roof Hazards • A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils Inc. dated April 24, 2019, for the project. The current maximum bay water elevation is 7.72 NAVD88 (North American Vertical Datum of 1988 (NAVD88) and may exceed the current 7.5 feet NAVD88 top of bulkhead elevation (8.8 feet NAVD88 with existing low height walls) during high tide or storm events. The report analyzes future sea level rise scenarios assuming a 2.9-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 10.6 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). Once the existing seawall/bulkhead is 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. A waterproofing curb is also proposed to be constructed around the perimeter of the dwelling that would protect against flooding up to an elevation of 10.6 feet (NAVD88). Flood shields (sand bags and other barriers) can be deployed across the openings to protect and prevent flooding to the structure. The report concludes that the proposed project will be safe from flooding hazards for the next 75 years with the reinforced/raised bulkhead and a flood protection curb. Therefore, the project has been conditioned to raise or cap the bulkhead and include a curb structure up to 10.6 feet (NAVD88). • The finished floor elevation of the proposed single-family residence is 10.0 feet (NAVD 88), which complies with the minimum 9.00 feet (NAVD88) elevation standard. The Coastal Hazard Report concludes that the bay water elevation (currently 7.7 feet NAVD88) will not exceed the proposed flood protection curb around the single-family residence at 10.6 feet (NAVD88 datum) for the anticipated 75-year life of the structure. Tmplt 07019 Stupin Residence Zoning Administrator, September 12, 2019 Page 4 Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), 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). 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 adjacent to the bay. Pursuant to Section 21.35.030 (Construction Pollution Prevention Plan) of the Municipal Code, a Construction Pollution Prevention Plan (CPPP) is required to implement temporary Best Management Practices (BMP's) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived from construction chemicals and materials. A CPPP has been provided and construction plans and activities will be required to adhere to the CPPP. • Pursuant to Municipal Code Section 21.35.050, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP has been prepared for the project by Forkert Engineering & Surveying Inc. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. • The project design addresses water quality with a construction erosion control plan and a post construction drainage system that includes drainage and percolation features designed to retain dry weather run-off and minor rain event run-off on -site. Any water not retained on -site is directed to the City's storm drain system. Tmplt OT2519 J Stupin Residence Zoning Administrator, September 12, 2019 Page 5 Public Access and Views • One new street parking space would be created as part of the project, which would be available to the public. The project site is located near Lido Park and Via Lido Bridge, which are designated public viewpoints in the Coastal Land Use Plan and offer public views of the West Lido Channel. These viewpoint areas contain benches for viewing the bay and resting, but no other park amenities such as picnic areas or bathrooms. Site evaluation revealed that the proposed three-story design is consistent with the existing building heights in the general area, in particular the adjacent Lido Villas project, the St. James Church, and Lido Park condos. Additionally, views of the site from Lido Park are currently obscured by large trees along the sidewalk, and the bay is not visible through the project site. The project site would remain visible from the Lido Bridge viewpoint, but the bay would not be obstructed by the project, since it is on the opposite side of the water. The project will replace two existing multi -unit structures with a new single-family home that complies with all applicable development standards, including the 10-foot front setback along the bay and height limitations for the zoning district. The existing interior setbacks between the two buildings would be removed and the new single- family residence would be built across this area. There are no views through this area from the bay or street at present. The two proposed side yard setbacks will be larger, instead of approximately 3 feet they will be approximately 7.5 feet wide, providing enhanced visual relief from the existing parking lot adjacent to the site. The project design reduces the appearance of bulk and mass through the incorporation of third floor setbacks, steep roof pitches, and open space areas. For example, the Via Lido frontage includes a front porch on the first floor that provides almost six additional feet of setback area from the street. The roof above this porch area has a 6:12 pitch, providing additional visual relief. The roof areas along the side property lines also have steep pitches, with the majority of the roofline in these areas at 9:12 and 10:12 slopes. The third floor living space is setback approximately 16-24 feet from the Via Lido setback line, and the mass is concentrated within the center of the building envelope. Lastly, as viewed from across the bay, the third floor is setback more than 20 feet from the setback line with an open roof deck in the center of the massing. Thus, the project incorporates design features beyond the requirements of the code in order to provide visual relief and additional building modulation. Tmplt 07019 Stupin Residence Zoning Administrator, September 12, 2019 Page 6 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. Class 3 exempts the construction of up to three single-family residences in an urbanized area. The proposed project includes the construction of a new 8,851-square-foot single- family residence with attached garages. 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. Prepared by: Liz estmoreland, Assistant Planner JM/law Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans Tmplt OT2519 Attachment No. ZA 1 Draft Resolution 07/25/19 RESOLUTION NO. ZA2019-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-033 TO CONSTRUCT A NEW THREE-STORY SINGLE-FAMILY RESIDENCE AND TWO ATTACHED GARAGES LOCATED AT 3312-3318, 3322, AND 3324 VIA LIDO (PA2019-100) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Andrew and Julie Stupin, with respect to property located at 3312-3318, 3322, 3324 Via Lido, requesting approval of a coastal development permit. 2. The lots at 3312-3318, 3322, 3324 Via Lido are legally described as Lots 1 and 2 of Tract 1622, in the City of Newport Beach, County of Orange, State of California, as per Map Recorded in Book 47, Miscellaneous Maps, in the Office of the County Assessor of Said County. Except the Northwesterly 28 feet of said Lot 2. The property at 3322 and 3324 Via Lido is legally described as Parcel 2 of PM2009-125, in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 373, Pages 21 & 22 or said Parcel Maps in the Office of the County Recorder of Said County 3. The applicant requests a coastal development permit (CDP) to allow the construction of a 7,868 square -foot, three-story single-family residence with four garage spaces containing 983 square feet in aggregate. The project also includes the repair, reinforcement, and raising of an existing bulkhead. No work is proposed bayward of the existing bulkhead. The design includes a pool, spa, hardscape, walls, landscaping, and drainage facilities. The project complies with all applicable development standards and no deviations are requested. 4. The subject property is designated RM (Multiple -Unit Residential) by the General Plan Land Use Element and is located within the RM (Multi -Unit Residential) Zoning District. 5. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is RM-D (Multiple Unit Residential - 20.0 - 29.9 dulac) and it is located within the RM (Multi -Unit Residential) Coastal Zone District. 6. On March 16, 2018, the Community Development director approved Staff Approval No. SA2018-006 finding the demolition of a four -unit residential structure in compliance with Zoning Code Chapter 20.34 and Local Coastal Program Implementation Plan Chapter 21.34 (Conversion or Demolition of Affordable Housing). The staff approval concluded that there will be no conversion of residential to nonresidential uses, and none of the units are and/or were occupied by low- and moderate income families or persons. 7. A public hearing was held on August 9, 2018, and a Tentative Parcel Map (NP2018-012) and Coastal Development Permit (CD2018-045) were approved. The approval authorized 05-14-19 2 Zoning Administrator Resolution No. ##I## Paqe 2 of 10 demolition of the existing two -unit residential condominium structure and four -unit residential apartment structure, and the consolidation of the two properties into one parcel for future use as a single -building site. The approval did not authorize any new construction. 8. A public hearing was held on September 12, 2019, in the Corona del Mar Conference Room (Bay E-1 st 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. 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 up to three single-family residences in an urbanized area. The proposed project includes the construction of a new 8,851-square-foot single- family residence with attached garages. 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: 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 10,110 square feet and the proposed floor area is 8,851 square feet. 05-14-19 9 Zoning Administrator Resolution No. ##1## Page 3 of 10 b. The proposed development provides the minimum required setbacks, which are 4 feet along the front property line abutting Via Lido, 7.5 feet along each side property line and 10 feet along the front property line facing Newport Bay. c. The highest guardrail is less than 28 feet from established grade (10.12 feet NAVD88) and the highest ridge is no more than 33 feet from established grade, which comply with the maximum height requirements. d. The project includes garage parking for a total of four vehicles, complying with the minimum three -car garage parking requirement for single-family residences with more than 4,000 square feet of habitable floor area. 2. The subject neighborhood contains a variety of uses and development types, with no uniform pattern or consistent design style. The block contains single-family residences and duplexes containing two stories. The Lido Villas townhome project is currently under construction across Via Lido to the west, which consists of three-story structures designed to a height of approximately 34 feet. The St. James Episcopal Church is located to the south at the corner of Via Lido and Via Malaga. The Lido Park condominium building located further south near the Lido Bridge reaches a height of more than 100 feet and contains approximately 55 dwelling units. Lastly, commercial buildings are located to the north at the corner of Via Oporto and Via Lido near Lido Marina Village. The proposed design, height, and bulk of the development would not be out of scale with the existing development in the area, which varies in height and bulk. 3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils, Inc. dated April 24, 2019, 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 7.5 feet NAVD88 top of bulkhead elevation (8.8 feet NAVD88 with existing low height walls) during high tide or storm events. The report analyzes future sea level rise scenarios assuming a 2.9-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 10.6 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). Once the existing seawall/bulkhead is 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. A waterproofing curb is also proposed to be constructed around the perimeter of the dwelling that would protect against flooding up to an elevation of 10.6 feet (NAVD88). Flood shields (sand bags and other barriers) can be deployed across the openings to protect and prevent flooding to the structure. The report concludes that the proposed project will be safe from flooding hazards for the next 75 years with the reinforced/capped bulkhead and a flood protection curb. Therefore, the project has been conditioned to raise or cap the bulkhead and include a curb structure up to 10.6 feet (NAVD88). 4. The finished floor elevation of the proposed single-family residence is 10.0 feet (NAVD88), which complies with the minimum 9.00 feet (NAVD88) elevation standard. The Coastal Hazard Report concludes that the bay water elevation (currently 7.7 feet 05-14-19 1O Zoning Administrator Resolution No. ##I## Paqe 4 of 10 NAVD88) will not exceed the proposed flood protection curb around the single-family residence at 10.6 feet (NAVD88 datum) for the anticipated 75-year life of the structure. 5. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), 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). 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. 6. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (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. 7. The property is located adjacent to the bay. 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. The project design also addresses water quality through the inclusion of a post construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event run-off on -site. Any water not retained on -site is directed to the City's storm drain system. 8. Pursuant to Municipal Code Section 21.35.050, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP has been prepared for the project by Forkert Engineering & Surveying Inc. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. 9. Proposed landscaping complies with Implementation Plan Section 21.30.075. 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 10. The project site is located near Lido Park and Via Lido Bridge, which are designated public viewpoints in the Coastal Land Use Plan and offer public views of the West Lido Channel. These viewpoint areas contain benches for viewing the bay and resting, but no other park amenities such as picnic areas or bathrooms. Site evaluation revealed that the proposed three-story design is consistent with the existing building heights in the general area, in 05-14-19 11 Zoning Administrator Resolution No. ##1## Page 5 of 10 particular the adjacent Lido Villas project, the St. James Church, and Lido Park condos. Additionally, views of the site from Lido Park are currently obscured by large trees along the sidewalk, and the bay is not visible through the project site. The project site would remain visible from the Lido Bridge viewpoint, but views of the bay would not be obstructed by the project since it is on the opposite side of the water. 11. The project will replace two existing multi -unit structures with a new single-family home that complies with all applicable development standards, including the 10-foot front setback along the bay and height limits for the zoning district. The existing interior setbacks between the two buildings would be removed, and the structure would be built across this area. There are no views through this area from the bay or street at present. The two proposed side yard setbacks will be larger, instead of approximately 3 feet they will be approximately 7.5 feet wide, providing enhanced visual relief from the existing parking lot adjacent to the site. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 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 existing multi -family structures 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. The site is located adjacent to a CM (Commercial Recreational and Marine) Coastal Zoning District, which contains a marine related use (Windward Sailing Club). The project site would continue to be used for residential use, and would not include any features or operational characteristics that could affect operations at the sailing club. 2. Vertical and lateral access to the water are available near the site by the entrance to the Via Lido Bridge. There is a small access point by Lido Park with lateral access via a boardwalk along the bay. The project is located on the opposite side of the Via Lido Bridge and does not include any features that would obstruct access along these routes. 3. The existing development on -site includes two separate multi -family structures, each utilizing a separate driveway. The separate driveways would be reconfigured and consolidated as part of this project, which would result in a shorter curb cut. Therefore, a new street parking space would be created as part of the project, which would be available to the public. 05-14-19 12 Zoning Administrator Resolution No. ##### Paqe 6 of 10 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No.CD2019-033, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 2. 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 12T" DAY OF SEPTEMBER, 2019. Rosalinh Ung, Zoning Administrator 05-14-19 -T S Zoning Administrator Resolution No. ##I## Paqe 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL 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 inspection of building permits for the new residence, the existing seawall shall be reinforced and capped to 10.6 feet (NAVD88) minimum in accordance with the recommendations provided in the report prepared by GeoSoils Inc. on April 24, 2019 and as identified in the approved plans. All improvements at the property shall occur landward of the existing bulkhead. 3. Prior to issuance of building permits, the project plans shall be updated to reflect that a waterproofing curb will be constructed around the proposed residence as an adaptive Flood protection device up to 10.6 feet (NAVD88). Flood shields (sand bags and other barriers) can be deployed across the openings to protect and prevent flooding to the structure as necessary. 4. Afterdemolition of existing residential structures and priorto the issuance of anybuilding permits for new construction, the Parcel Map authorized under NP2018-012 (CD2018- 045) shall be recorded with the County of Orange. 5. 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. 6. 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. 7. 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. 05-14-19 '1-/+ Zoning Administrator Resolution No. #### Paqe 8 of 10 8. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way (except improvements in the Via Lido right -of way that are required by Public Works). 9. This Coastal Development Permit does not authorize any development seaward of the private property. 10. The applicant is responsible for compliance with the Migratory Bird Treaty Act. 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 or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 11. Best Management Practices (BMP's) and Good Housekeeping Practices (GHP's) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 12. 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. 13. 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. 14. 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. 05-14-19 15 Zoning Administrator Resolution No. ##1## Page 9 of 10 15. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 16. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 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 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 05-14-19 10 Zoning Administrator Resolution No. ##1## Pape 10 of 10 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. 26. 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. 27. 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. 28. This Coastal Development Permit No. CD2019-033 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. 29. 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 Stupin Residence including, but not limited to, Coastal Development Permit No. CD2019-033 (PA2019-100). 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. 05-14-19 17 Attachment No. ZA 2 Vicinity Map 07/25/19 12 VICINITY MAP Coastal Development Permit No. CD2019-033 PA2019-100 3312-3318, 3322 and 3324 Via Lido 07/25/19 C' Attachment No. ZA 3 Project Plans 07/25/19 20 SHEET# DRAWING TITLE T-1T1 TITLE SHEET Ny P U T41 GENERALARCHITECTURALNOTES f' T-12 SUPPLEMENTAL NOTES &DOCUMENTS SUR TOPOGRAPHIC SURVEY w - ~ _- A-0➢ ARCHITECTURAL SITE PLAN Z A4.3 GRADE PLANE EXHIBIT U / ✓ `.� _ �� - Z -> O] A-04 AREAPLANS GENERAL REFERENCE) Ill SW-1 A IO & ELEVATION EFEREN(FOR REFERENCE) SW-2 DETAILS(FOR REFERENCE) DETAILS (FOR 3 REFERENCE) C2 CA L- EROSISE ON CONDING TROL l_AAIN EROSION CONTROL PLAN PLANTING PLAN iA A-1.0 301MENSIONAL VIEWS W _ A-2A MAIN EL OR IN _ A-22 ND LEVELP LAN EV L FLOOR SECOTHIRD LOOK A-22 PLAIN THIRD LEVEL FLOOR PLAN LEVEL L+ =Wye 4 Si�g^ a Fag=o AS,0 ROOF PLAN A4Ui0 EXTERIOR ELEVATIONS &MATERIALSCHEDULE A4.1 EXTERIOR ELEVATION A4D BUILDING SECTIONS A51 BUILOINGSECTIONS A-52 BUILDING SECTIONS A43 BUILDING SECTIONS < �T�� � II ®� ®rl �.._ A-5.0. BUILDING SECTIONS[ ^ W m A-55 BUILDING SECTIONS III{- O V Z W o Z z Zin _ -' a S < i > STUPIN RESIDENCE _ co 3322 VIA LIDO, NEWPORT BEACH. CA 92663 Aewwuu xcwrt :ass... -- ..yn:.:® m,u.,; m w"m SPECIAL INSPECTIONS 6 aw ruvuu,rssEa Tp7 ��F �:15 IS o MW MATERIAL LEGEND 9 DEFERRED SUBMITTALSW� AGENCIES& PUBLIC SERVICES 4 PROJECT DIRECTORY 2 -i H �ei}iAiii Hy aroma rovemae .. s rr � „ ��✓ 9��Tw IxaxE mul .... ...... ° " PROJECT OESORIPTION: curTw e."�..Q E", l lxuo "El a-1GXTI o...a.... u....s.... O o xoreT.� exsw T 1 —1 .0 VICINITY Ml PROJECT DESCRIPTION Ill ANNOTATION LEGEND 10 PROJECT STATISTICS B SITE INFORMATION I 5 CODE REVIEW I 3 SHEETLIST 1 ME Ll im ) \ k ) § ( § \ T t1 UU,'. .�....._._ _ .......... ear Y. " CAL GREEN- RESIDENTIAL MANDATORY MEASURES I }}j - d ..F ..._..........- .... 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N ANNOTATION LEGEND ® E�.�° .,LREFT0NOGREPULETMS "I 71-0 u TRANSVERSE SECTION o ww z•sux..osocuxo. q-5.4 B GEPARATIONELOGENOw� U U Q �mxwx—u"°.mvs6 2 srnA r w V _--ss z Baarr��r3.m,� - - - ---- - ---- --- - - -- -------rny+o _- _ ___-_ - ___ ---_ __ - ---- __ -.- ____ _____ e s I _—__ - vwwe.ea,K,.q� pw Run p2 r� deg o�cre + � S gwE.S V 'eR m a o. a 4 Z U u TRAN9VER5E 5ECT�ON Z i a 0 y � i /.�•• I,� rox�xariox N 'ii�Eeil vt Vf1F'� '1 .x�E,� ti E�lj�ziiv e a �GM¢ovwsexeraiwrl AALLTAG Om arnc Q [] rvm[iprt A ANNOTATION LEGEND rxq aansysrsnr .on.nmr ® x. n�avnrm suirrtioxxsr.o � ® rtwoxnxsxnrmaumr r uurms snsr ius rioxseanursrwss !A-.5 S SEPARATIONL GENDW� Zoning Administrator - September 12, 2019 Item No. 2a Additional Materials Received Stupin Residence Coastal Development Permit (PA2019-100) From: Don and Judy Cole <lagunahouse@me.com> Sent: Friday, September 06, 2019 3:52 PM To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov> Cc: Dixon, Diane <ddixon@newportbeachca.gov>; Avery, Brad <bavery@newportbeachca.gov>; Duffield, Duffy<dduffield@newportbeachca.gov>; Muldoon, Kevin <kmuldoon@newportbeachca.gov>; Herdman, Jeff <jherd man@ newportbeachca.gov>; Brenner, Joy <JBrenner@newportbeachca.gov>; O'Neill, William <woneill@newportbeachca.gov> Subject: Stupin Residence (PA2019-100)- Coastal Development Permit Hearing Thursday, Sept. 12 Liz, Thank you for meeting with us yesterday to discuss the proposed project next door to us. As we mentioned, we are unable to attend the hearing and we want to comment on a few issues for the record. First, there has not been proper notice for this hearing/project consistent with the provisions of the Municipal Code. Our understanding is that when the application is filed with the City, the applicant is required to post on the property a sign saying an application is pending (see NBMC Sec. 21.50.080). This was never done. When and if a hearing is scheduled, the City must post notice of the hearing on the property at least 10 days in advance (NMBC Sec. 21.62.020.B.3). The applicant is responsible for keeping them posted continuously, throughout the process (including until all possibility of appeal has ended). While the sign was reportedly posted on Friday, August 30, it was removed by someone sometime over the weekend. It was not there when we returned home from our long weekend on Tuesday, September 3. If it were not for a friend, we would not have been aware of the hearing. As soon as we heard, we notified you that the notice was no longer up. There is still no posting up and it is disappointing there is no enforcement of the code. Strangely, we also have not received the mailed notice to date. Second, is the issue of height. The relaxed height standard in the RM zone is intended to allow construction of multi -unit structures. We feel using the relaxed RM height standard to build a single family home is not appropriate- especially on the water. In fact, the City is supposedly considering doing something about tall single family homes in RM zones and it will be a subject of this coming Tuesday's 4:00 p.m. City Council Study Session. Also related is the density issue per the Coastal Land Use plan. While single family homes are allowed in RM Zones, it should only be if they meet the density requirements. The City needs to be consistent in the application of this requirement. Based upon these issues, we request a continuance. Thank you again for your consideration. Don & Judy Cole 3326 Via Lido Zoning Administrator - September 12, 2019 Item No. 2b Additional Materials Received Stupin Residence Coastal Development Permit (PA2019-100) Sept. 12, 2019, Zoning Administrator Agenda Comments Comments submitted by: Jim Mosher (limmosher(o.yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 2. Stupin Residence Coastal Development Permit No. CD2019- 033 (PA2019-100) I believe the draft resolution of approval contains at least one easily -corrected error in the proposed legal description in Section 1.2 (handwritten page 8): "The lots at 3312-3318, '9'�24 Via Lido are legally described as Lots 1 and 2 of Tract 1622, in the City of Newport Beach, County of Orange, State of California, as per Map Recorded in Book 47, Miscellaneous Maps, in the Office of the County Assessor of Said County—€, except the Northwesterly 28 feet of said Lot 2. The property at 3322 and 3324 Via Lido is legally described as Parcel 2 of PM2009-125, in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 373, Pages 21 & 22 or said Parcel Maps in the Office of the County Recorder of Said County." [To explain, my understanding is Lots 1 and 2 of Tract 1622 were originally each 40 feet wide. Combining the two, but taking away 28 feet leaves the 52 feet width of the currently 4- unit 3312-3318 parcel which is what is being described in the first sentence. The currently 2- unit 3322/3324 parcel — described in the second sentence — adds another 41.5 feet as shown on handwritten page 24.] In this connection, to avoid violation of the City's prohibition against building a structure over lot lines, it would appear the present CDP application must be accompanied by a separate application for a lot merger. The California Supreme Court has decided in Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles, 55 Cal.4th 783 (2012) that all subdivision in the Coastal Zone — independent of whether it changes intensity of development in theory or practice — requires a CDP. Even without that, this lot merger surely will require a CDP since its clear purpose is to permit a very substantial reduction in the density of residential development — and a reduction that would not be possible without it (from the six units currently existing to just one). In view of that, it does not seem proper to me to separate the construction proposal from the lot merger proposal it will require. I hope this item will return with the whole proposal, not just a part of it. Or has the lot merger already been approved?