The URL can be used to link to this page

Home My WebLink About04_Bethel and Ridge Demolition Tentative Parcel Map and CDP_PA2019-085 PO Q em CITY OF NEWPORT BEACH / ZONING ADMINISTRATOR STAFF REPORT September 26, 2019 Cq[/FO Agenda Item No. 4 SUBJECT: Bethel and Ridge Demolition and Subdivision (PA2019-085) • Coastal Development Permit No. CD2019-024 • Tentative Parcel Map No. NP2019-008 • County Tentative Parcel Map No. 2019-126 SITE LOCATION: 365 Via Lido Soud, Units 1, 2, 3 and 4 APPLICANT: Jeffrey and Michele Bethel Stephen and Shelley Ridge OWNER: Jeffrey and Michele Bethel Stephen and Shelley Ridge PLANNER: David S. Lee, Assistant Planner 949-644-3225, dlee@newportbeachca.gov LAND USE AND ZONING • General Plan: RM (Multiple-Unit Residential) • Zoning District: RM (Multi-Unit Residential) • Coastal Land Use Category: RM-E (Multiple Unit Residential — 30-39.9 DU/AC) • Coastal Zoning District: RM (Multi-Unit Residential) PROJECT SUMMARY The applicant requests a tentative parcel map and coastal development permit to subdivide the property into two separate parcels. The coastal development permit request also includes the demolition of an existing four-unit residential structure and waiver of the minimum lot width standard associated with the proposed subdivision. No new construction is proposed as a part of this project. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In-Fill Development), 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. CD2019-024 and Tentative Parcel Map No. NP2019-008 (Attachment No. ZA 1). 03J13/2018 2 Bethel and Ridge Demolition and Subdivision (PA2019-085) Zoning Administrator, September 12, 2019 Page 2 DISCUSSION Background • The subject property is 6,300 square feet in area, topographically flat, and located on Lido Isle between Via Genoa and Via Fermo. The property is separated from the Newport Bay by a public boardwalk and small intertidal beach. The property is not protected by a bulkhead or any protective devices. • The subject property is located in the RM block of Tract 907. Within this block, the original subdivision consisted of 23 lots. Among these lots, 22 of them ranged from 30 to 40 feet in width (Attachment No. ZA 5). The parcels were reconfigured over time and this block currently contains 24 lots, which range from 30 to 70 feet in width. The subject property is 70 feet wide and has an underlying configuration of Lot 923 (40 feet wide), the southeasterly 10 feet of Lot 922, and the northwesterly 20 feet of Lot 924. Tentative Parcel Map for Subdivision • The Tentative Parcel Map is for the purpose of subdividing an existing 70-foot- wide lot into two separate 35-foot-wide parcels. The existing structure is two stories and consists of four units with an attached six-car garage. The proposed subdivision and improvements are consistent with the density of the RM Zoning District and the current General Plan Land Use Designation (Multiple-Unit Residential). • The existing configuration of the lot has a maximum density of five units, as restricted by the General Plan and Zoning Code (6,300 sq. ft. lot / 1,200 sq. ft. minimum site area per unit = 5.25 or 5 units). The proposed subdivision would create two separate 3,150-square-foot parcels. Each parcel would have a maximum density of two units (3,150 sq. ft. / 1,200 sq. ft. minimum site area = 2.6 or 2 units), resulting in a total of four units allowable on two lots. • The proposed subdivision request includes a deviation to the minimum lot size standard of 5,000 square feet and lot width standard of 50 feet for new subdivisions. However, pursuant to Footnote 2 of Table 2-3 of the Zoning Code, lots may be subdivided so that the resulting lot area and dimensions are less, provided the minimum lot size shall not be less than the original underlying lots on the same block face and in the same zoning district. In addition, no new subdivisions are permitted that would result in additional dwelling units beyond what the original underlying lots would allow for. In this case, the proposed 35-foot- wide lots are comparable in size with the original subdivision in which a majority of lots had widths between 30 and 40 feet, and depths of 90 feet. As previously stated, the proposed subdivision results in a decrease in density. TmpIC 03/13/19 Bethel and Ridge Demolition and Subdivision (PA2019-085) Zoning Administrator, September 12, 2019 Page 3 Coastal Development Permit for Demolition and Subdivision • The coastal development permit is for a property located within a developed neighborhood on Lido Isle fronting the Newport Bay. The project design addresses water quality with a demolition plan that includes erosion control measures 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. • The proposed subdivision complies with Coastal Land Use Plan Policy 2.8.1-3, which states that land divisions shall avoid hazardous areas and minimize risks to life and property from coastal and other hazards. The proposed subdivision also complies with Implementation Plan Section 21.30.025, which states that subdivisions within the Coastal Zone shall be designed to avoid current hazardous areas, as well as areas that may become hazardous due to future changes. Additionally, there shall be no division of land near the shoreline unless the new or reconfigured parcels can be developed safe from geologic and other hazards for a minimum of 75 years, and unless shoreline protective devices are prohibited to protect development on the resultant parcels. • The proposed subdivision is located near the Newport Bay. However, a public boardwalk and small intertidal beach separates the subject property from the water. A coastal hazards report, prepared by GeoSoils, Inc. on September 17, 2019, concludes that the reconfigured parcels will be developed safe from hazards, which includes shoreline movement, waves and wave runup, and flooding with future sea level rise, for a minimum of 75 years. The historical water elevation at the Newport Bay is 7.7 feet North American Vertical Datum of 1988 (NAVD 88), and the projected sea level rise (SLR) for 75 years is 2.9 feet. Therefore, the projected bay level water level is 10.6 feet NAVD88 (7.7 feet NAVD 88 + 2.9 feet SLR). The finished site grade is approximately 11.0 feet NAVD 88, which makes it safe from up to 3.3 feet of SLR. As conditioned, necessary adaptable measures shall be required for future development of the lots to respond to the projected SLR. • There are no shoreline protective devices that currently protect the subject property, and new shoreline protective devices are not necessary to protect future development on the resultant parcels. A condition of approval is included waiving the right to future shoreline protection devices. • The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code and Building Division standards and policies. • This coastal development permit does not include the construction of any new structures. Subsequent construction of new residential structures will require the approval of a separate coastal development permit. TmpIC 03/13/18 Bethel and Ridge Demolition and Subdivision (PA2019-085) Zoning Administrator, September 12, 2019 Page 4 • All demolition activities would occur within the project site, and conditions are included to ensure demolition materials are stored on-site. Thus, public access between the boardwalk and subject property would not be impacted by the project. • The project site is located between the nearest public road and the sea or shoreline. The residential lot does not currently provide nor inhibit public coastal access. Newport Beach Municipal Code Section 21.30A.040 requires that the provision of public access bear a reasonable relationship between the requirement and the project's impact and be proportional to the impact. In this case, the project is a tentative parcel map for the purpose of subdividing an existing lot into two distinct parcels and a coastal development permit for the demolition of the existing residence. The demolition of the residence will not alter or remove any access to the bay. • On July 18, 2019,the Community Development Director approved Staff Approval No. SA2019-004 (PA2019-085)finding the demolition of four units within one structure is compliant with the 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. Coastal Development Permit for Variance from Minimum Lot Width Standards • The proposed project is to subdivide an existing 70-foot wide parcel into two 35- foot wide parcels, where the Zoning Code (Title 20) and Local Coastal Program Implementation Plan (Title 21) require a minimum lot width of 50 feet for newly created lots. As previously stated, Title 20 includes a provision which allows for a parcel to be subdivided to a minimum lot size not less than the original underlying lots on the same block face in the same zoning district. The proposed 35-foot-wide lots are consistent with the 30-foot to 40-foot wide lots contained on the original block face within the same zoning district. • Title 21 does not have the same provision that allows lots to be subdivided to a lot size not less than the original underlying lots on the same block face in the same coastal zoning district. Therefore, the applicant requests a variance to allow for two 35-foot-wide lots, where Title 21 requires a minimum of 50 feet. • The existing 70-foot-wide lot is surrounded by two 30-foot-wide lots on both sides. The proposed lot widths of 35 feet are consistent with the 30-foot to 40-foot lot widths contained on the original block face within the same coastal zoning district. Strict application of Title 21 would deny the property owners privileges enjoyed by surrounding property owners. • Title 21 allows for development standards to be modified or waived through the approval of a coastal development permit. In this case, the requested variance is TmpIC 03/13/18 J Bethel and Ridge Demolition and Subdivision (PA2019-085) Zoning Administrator, September 12, 2019 Page 5 associated with Title 21 and there are no deviations requested to Title 20 standards. Therefore, the Zoning Administrator remains the review authority. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In-Fill Development) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 32 exemption applies to projects meeting all of the following conditions: a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations; b. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; c. The project site has no value as habitat for endangered, rare or threatened species; d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality; and e. The site can be adequately served by all required utilities and public services. The proposed project is consistent with the general plan designation as well as zoning designation. The project site is less than five acres and is surrounded by residential development. The parcel is substantially developed and is not within environmentally sensitive areas. The proposed project was reviewed by the Public Works Department and concerns with traffic were not found. No significant effects are anticipated for the lot with regard to noise or air quality as the project is to demolish an existing four-unit residential structure and to subdivide the existing parcel. The project was reviewed by the Public Works and Fire Departments and it was determined that the proposed parcels will maintain adequate access to both utilities and public services. 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. TmpIC 03/13/18 Bethel and Ridge Demolition and Subdivision (PA2019-085) Zoning Administrator, September 12, 2019 Page 6 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: David S. Lee, Assistant Planner JM/dl Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Coastal Hazards Report ZA 4 Original Tract Map No. 907 ZA 5 Plans Tmp1t:03/13/18 Attachment No. ZA 1 Draft Resolution 03/13/2018 RESOLUTION NO. ZA2019-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP NO. NP2019-008 AND COASTAL DEVELOPMENT PERMIT NO. CD2019-024 FOR THE DEMOLITION OF AN EXISTING FOUR-UNIT RESIDENTIAL STRUCTURE AND THE SUBDIVISION OF THE EXISTING PARCEL INTO TWO SEPARATE PARCELS (PA2019-085) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jeffery and Michele Bethel and Stephen and Shelly Ridge, with respect to property located at 365 Via Lido Soud Units 1, 2, 3, and 4 and legally described as Lot 923 and the southeasterly 10 feet of Lot 922 and half of lot 924, requesting approval of a tentative parcel map and a coastal development permit. 2. The applicant requests a tentative parcel map and coastal development permit to subdivide the property into two separate parcels. The coastal development permit result also includes the demolition of an existing four-unit residential structure and waiver of the minimum lot width standard associated with the proposed subdivision. No new construction is proposed as a part of this project. 3. The subject property is located within the Multi-Unit Residential (RM) Zoning District and the General Plan Land Use Element category is Multiple-Unit Residential (RM). 4. The subject property is located within the coastal zone and has a Coastal Land Use Designation of Multiple Unit Residential (RM-E) and a Coastal Zoning District of Multi-Unit Residential (RM). 5. On July 19, 2019, the Community Development Director approved Staff Approval No. SA2019-004 (PA2019-085) finding the demolition of four units within one structure compliant with Zoning Code Chapter 20.34 and Local Coastal Program Implementation Plan Chapter 21.34 (Conversion or Demolition of Affordable Housing). The staff approval concluded that there will be no conversion of residential to nonresidential uses, and none of the units are and/or were occupied by low- and moderate-income families or persons. 6. A public hearing was held on September 26, 2019 in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. 8 Zoning Administrator Resolution No. ZA2019-### Page 2 of 18 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Class 32 (In-Fill Development). 2. The Class 32 exemption applies to projects meeting all of the following conditions: a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations; b. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; c. The project site has no value as habitat for endangered, rare or threatened species; d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality; and e. The site can be adequately served by all required utilities and public services. 3. The proposed project is consistent with the general plan designation as well as zoning designation. The project site is less than five acres and is surrounded by residential development. The parcel is substantially developed and is not within environmentally sensitive areas. The proposed project was reviewed by the Public Works Department and concerns with traffic were not found. No significant effects are anticipated for the lot with regard to noise or air quality as the project is to demolish an existing four-unit residential structure and to subdivide the existing parcel. The project was reviewed by the Public Works and Fire Departments and it was determined that the proposed parcels will maintain adequate access to both utilities and public services. Tentative Parcel Map for Subdivision The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent with the legislative intent of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code and is approved based on the following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps) of Title 19: Finding: A. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: 1. The Tentative Parcel Map is for the purpose of subdividing an existing parcel into two separate parcels. The existing structure is two stories and consists of four units with an attached six-car garage. The proposed subdivision and improvements are 07-11-17 9 Zoning Administrator Resolution No. ZA2019-### Page 3 of 18 consistent with the density of the RM Zoning District and the current General Plan Land Use Designation (Multiple-Unit Residential). 2. The subject property is not located within a specific plan area. 3. The project has been conditioned to require public improvements, including the reconstruction of sidewalks, curbs, and gutters along the Via Lido Soud frontage, consistent with the Subdivision Code (Title 19). Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The existing configuration of the lot has a maximum density of five units, as restricted by the General Plan and Zoning Code (6,300 sq. ft. lot / 1,200 sq. ft. minimum site area per unit= 5.25 or 5 units). The proposed subdivision would create two separate 3,150-square-foot parcels. Each parcel would have a maximum density of two units (3,150 sq. ft. / 1,200 sq. ft. minimum site area = 2.6 or 2 units), resulting in a total of four units allowable on two lots. 2. Each lot is physically suitable for up to two units of development because they are regular in shape. 3. Each lot would be accessible from Via Lido Soud and would be adequately served by existing utilities. 4. The subject property is located near the Newport Bay, but is separated from the water by a public boardwalk and small intertidal beach. A coastal hazards report, prepared by GeoSoils, Inc. on September 16, 2019, concludes that the reconfigured parcels will be developed safe from hazards, which includes shoreline movement, waves and wave runup, and flooding with future sea level rise, for a minimum of 75 years. There are no shoreline protective devices serving the subject property, and new shoreline protective devices are not necessary to protect future development on the resultant parcels. Finding: C. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. 07-11-17 10 Zoning Administrator Resolution No. ZA2019-### Page 4 of 18 Facts in Support of Finding: 1. A four-unit structure will be demolished and the existing parcel will be subdivided into two separate parcels. Future development would be limited to four units per maximum density standards. 2. The property is located in an urbanized area that does not contain any sensitive vegetation or habitat. 3. The project is categorically exempt under Section 15332 (Article 19 of Chapter 3), of the California Environmental Quality Act (CEQA) Guidelines — Class 32 (In-Fill Development). Finding: D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: 1. The Tentative Parcel Map is for the purpose of subdividing an existing lot into two distinct parcels. All improvements associated with the project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Section 19.28.010 (General Improvement Requirements) of the Municipal Code and Section 66411 (Local Agencies to Regulate and Control Design of Subdivisions) of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. Finding: E. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Fact in Support of Finding: 1. There is an existing 4-foot utility easement in favor of the City of Newport Beach located directly behind the right of way of Via Lido Soud. The proposed subdivision will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed development. 07-11-17 11 Zoning Administrator Resolution No. ZA2019-### Page 5 of 18 Finding: F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: 1. The property is not subject to the Williamson Act because the subject property is not designated as an agricultural preserve and is less than 100 acres in area. 2. The site is developed for residential use and is located in a Zoning District that permits residential uses. Finding: G. That, in the case of a "land project'as defined in Section 11000.5 of the California Business and Professions Code: (1) there is an adopted specific plan for the area to be included within the land project;and(2) the decision making body finds that the proposed land project is consistent with the specific plan for the area. Fact in Support of Finding: 1. California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this project site is not considered a "land project' as previously defined in Section 11000.5 of the California Business and Professions Code because the project site does not contain 50 or more parcels of land. 2. The project is not located within a specific plan area. Finding: H. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Fact in Support of Finding: 1. The Tentative Parcel Map and any future improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. 07-11-17 12 Zoning Administrator Resolution No. ZA2019-### Page 6 of 18 Finding: I. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Fact in Support of Finding: 1. The subdivision would create two distinct parcels with the potential of up to two units on each parcel. A single-family residence or a duplex would be consistent with the RM Zoning District and with existing development in the community. Therefore, the Tentative Parcel Map will not affect the City in meeting its regional housing need. Finding: J. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Fact in Support of Finding: 1. The proposed subdivision would divide a parcel into two individual parcels and would not create waste that would result in a violation of the existing requirements prescribed by the Regional Water Quality Control Board. Finding: K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Fact in Support of Finding: 1. The subject property is within the Coastal Zone. The facts in support of findings Q and R below are hereby incorporated by reference. Deviation from Design Standards Per Section 19.24.050.A of Title 19 (Lot Design, Lot Size), new subdivisions must meet the applicable zoning district regulations stated in Title 20 (Zoning Code). Deviation from the design standards set forth in Title 19 may be approved by the Zoning Administrator subject to specific findings stated per Section 19.24.130.C. The proposed subdivision would create lots which do not meet the lot width standards required by the Zoning Code for new subdivisions within the RM Zoning District. The Zoning Code requires new subdivision interior lots to be 50 feet wide, and have a lot area of 5,000 square feet. The proposed subdivided lots are 35 feet wide and 07-11-17 13 Zoning Administrator Resolution No. ZA2019-### Page 7 of 18 3,150 square feet in area. The required findings to deviate from the standards and facts in support of those findings are as follows: Finding: L. The requested deviations will create a land plan or development design equal or superior to that under the baseline design standards in this Chapter. Facts in Support of Finding: 1. The proposed lots are comparable in width, length, and area with the majority of the original subdivision in which a majority of lots had widths between 30 and 40 feet and depths of 90 feet. Since the original subdivision was created, some lots in the vicinity have been re-subdivided but a majority of the lots remain between 30 and 40 feet in width. The proposed 35-foot-wide lots are consistent with Footnote 2 of Table 2-3 of the Zoning Code. 2. The proposed subdivision would create lot sizes not less than the original underlying lots on the same block face in the same zoning district. The proposed subdivision would divide the existing 70-foot-wide, 6,300-square-foot RM parcel into two 35-foot- wide, 3,150-square-foot RM parcels, which are compatible with the pattern of the surrounding subdivision. 3. The existing lot orientation with vehicular access from Via Lido Soud are maintained. Finding: M. The deviations will not negatively impact the carrying capacity of the local vehicular circulation network. Facts in Support of Finding: 1. The proposed subdivision would not negatively impact the carrying capacity of the local vehicular circulation network. Although the proposed subdivision would create one additional lot compared to the original subdivision, the potential amount of units would decrease. As currently configured, the existing 70-foot-wide lot has the development potential of five residential units. The proposed subdivision would create two lots, each with a development potential of two units for a total of four units. 2. No improvements or changes are proposed that would cause additional capacity to the roadways. Finding: N. The deviations will not negatively impact pedestrian circulation. 07-11-17 Zoning Administrator Resolution No. ZA2019-### Page 8 of 18 Facts in Support of Finding: 1. The subdivision will not reduce, encroach or change the size or location of the Via Lido Soud sidewalk. 2. The subdivision will not eliminate or impede pedestrian circulation provided that the necessary improvements are provided in accordance with applicable Public Works design standards and permitting. Finding: O. The resulting subdivision will be compatible with the pattern of surrounding subdivisions. Facts in Support of Finding: 1. The subject property is located in a block that is designated RM by the General Plan and Zoning Code. The proposed subdivision would divide an existing RM lot into two RM lots. 2. The subject property is 70 feet wide and 6,300 square feet in area, which is the largest lot within the same block face in the same zoning district. The proposed subdivision would result in two 35-foot-wide, 3,150-square-foot lots which are more compatible with the surrounding lots than the existing configuration. Finding: P. The resulting subdivision design and improvements will not be materially detrimental to the residents or tenants of the proposed subdivision or surrounding properties, nor to public health or safety. Fact in Support of Finding: 1. The proposed subdivision to re-subdivide the existing parcel in a comparable manner to the underlying legal lots would allow two units to be constructed on each lot in accordance with the General Plan.Approval does not introduce an incompatible land use, and the resulting subdivision design would not be detrimental to the residents as vehicular and pedestrian access would be maintained. Any development must be in accordance with the conditions of approval and the Municipal Code. The resulting lot widths are consistent with the lot widths of the original subdivision or the existing development pattern of the neighborhood. Coastal Development Permit The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent with the legislative intent of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code and approves the Coastal Development Permit based on the following findings per Section 21.52.015.F of Title 21: 07-11-17 15 Zoning Administrator Resolution No. ZA2019-### Page 9 of 18 Finding: Q. That the proposed map conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Tentative Parcel Map is for the purposes of subdividing an existing lot into two distinct parcels and meets all of the requirements of the Local Coastal Program, including 21.30.025 (Coastal Subdivisions). 2. The proposed subdivision complies with Coastal Land Use Plan Policy 2.8.1-3, which states that land divisions shall avoid hazardous areas and minimize risks to life and property from coastal and other hazards. The proposed subdivision also complies with Implementation Plan Section 21.30.025, which states that subdivisions within the Coastal Zone shall be designed to avoid current hazardous areas, as well as areas that may become hazardous due to future changes. Additionally, there shall be no division of land near the shoreline unless the new or reconfigured parcels can be developed safe from geologic and other hazards for a minimum of 75 years, and unless shoreline protective devices are prohibited to protect development on the resultant parcels. 3. The proposed subdivision is located near the Newport Bay. However, a public boardwalk and small intertidal beach separates the subject property from the water. A coastal hazards report, prepared by GeoSoils, Inc. on September 16, 2019, concludes that the reconfigured parcels will be developed safe from hazards, which includes shoreline movement, waves and wave runup, and flooding with future sea level rise, for a minimum of 75 years. The historical water elevation at the Newport Bay is 7.7 feet North American Vertical Datum of 1988 (NAVD 88), and the projected sea level rise (SLR) for a 75 year project is 2.9 feet. Therefore, the projected bay level water level is 10.6 feet NAVD 88 (7.7 feet NAVD 88 + 2.9 feet SLR). The finished site grade is approximately 11.0 feet NAVD 88, which makes it safe from up to 3.3 feet of SLR. As conditioned, necessary adaptable measures shall be required for future development of the lots to respond to the projected SLR. 4. There are no shoreline protective devices serving the subject property, and new shoreline protective devices are not necessary to protect future development on the resultant parcels. A condition of approval is included waiving the rights to future shoreline protective devices. 5. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code and Building Division standards and policies. 6. No natural or cultural resources are located on the site, which has been developed for many years. The demolition will remove the existing residence, landscaping, and hardscape improvements. Best management practices (BMP) will be required to ensure that the demolition will not result in water quality impacts due to construction 07-11-17 10 Zoning Administrator Resolution No. ZA2019-### Page 10 of 18 debris or run-off entering the waters of Newport Bay or onto adjacent properties. Any construction of future residences will require separate coastal development permits. Finding: R. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1 . The project site is located between the nearest public road and the sea or shoreline. The residential lot does not currently provide nor inhibit public coastal access. Newport Beach Municipal Code Section 21.30A.040 requires that the provision of public access bear a reasonable relationship between the requirement and the project's impact and be proportional to the impact. In this case, the project is a tentative parcel map for the purpose of subdividing an existing lot into two distinct parcels and a coastal development permit for the demolition of the existing residence. The demolition of the residence will not alter or remove any access to the bay. 2. The public boardwalk between the subject property and the bay shall remain. The public will continue to have access to the bay through a public walkway which has multiple access points throughout Via Lido Soud. In accordance with NBMC Section 21.52.090 (Relief from Implementation Plan Development Standard), the Zoning Administrator may approve a waiver to a development standard of the Implementation Plan only after making all of the following findings: Finding: S. The Zoning Administrator has considered the following: i. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and ii. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources. Facts in Support of Finding: 1. An alternative to the proposed subdivision is for the existing four-unit residential structure to remain in place. The existing lot is 70 feet wide and 6,300 square feet in area, whereas surrounding lots on the same block face vary between 30 feet and 40 feet wide, and between 2,700 and 4,500 square feet in area. 2. The existing structure does not offer any modulation or openings that provide views 07-11-17 17 Zoning Administrator Resolution No. ZA2019-### Page 11 of 18 to the bay from Via Lido Soud. If the lot remains without the proposed subdivision, a new residential structure could be similarly constructed without modulations and openings. If the lot is subdivided as proposed, both 35-foot-wide lots would require a 3-foot side yard setbacks which would create a visual opening to the bay as well as reduce the overall mass compared to the existing structure. 3. The proposed subdivision results in less floor area that can be achieved than if the subject parcel remained in its existing configuration. The proposed subdivision would create two lots with maximum floor areas of 4,364.5 square feet each, totaling 8,729 square feet total (4,364.5 x 2 = 8,729). If the subject parcel remained in its existing configuration, a total floor area of 8,849 square feet can be constructed. 4. There are no coastal resources to protect on the property. Finding: T. The granting of the variance is necessary due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, and/or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same coastal zoning district. Facts in Support of Finding: 1. The subject property is located in the RM block of Tract 907. Within this block, the original subdivision consisted of 23 lots, a majority of which ranged from 30 to 40 feet in width. The parcels were reconfigured over time and this block currently contains 24 lots, a majority of which range from 30 to 70 feet in width. The subject property is 70 feet wide and has an underlying configuration of Lot 923 (40 feet wide), the southeasterly 10 feet of Lot 922, and the northwesterly 20 feet of Lot 924. 2. The proposed project is to subdivide an existing 70-foot-wide, 6,300-square-foot parcel into two 35-foot-wide, 3,150-square-foot parcels, where the Zoning Code (Title 20) and Local Coastal Program Implementation Plan (Title 21) require a minimum lot width of 50 feet and minimum lot area of 5,000 square feet for newly created interior lots. Title 20 includes a provision which allows for a parcel to be subdivided to a minimum lot size not less than the original underlying lots on the same block face in the same zoning district. 3. Title 21 does not contain the same provision that allows lots to be subdivided to a lot size not less than the original underlying lots on the same block face in the same zoning district. 4. The existing 70-foot-wide lot is surrounded by two 30-foot-wide lots on both sides. The proposed lot widths of 35 feet are consistent with the 30-foot to 40-foot lot widths contained on the original block face within the same zoning district. The existing lot is 6,300 square feet in area. The proposed subdivision would create two 3,150- 07-11-17 18 Zoning Administrator Resolution No. ZA2019-### Page 12 of 18 square-foot lots, where surrounding lots on the same block face range from 2,700 to 4,500 square feet. Strict application of Title 21 would deny the property owners privileges enjoyed by surrounding property owners and allow for the development of two 35-foot-wide lots which is more consistent with original underlying subdivision pattern of the block. Finding: U. The variance complies with the findings required to approval a coastal development permit in NBMC Section 21.52.015(F). Fact in Support of Finding: 1. Facts in Support of Findings Q and R above are hereby incorporated by reference. Finding: V. The variance will not result in development that blocks or significantly impedes public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs. Fact in Support of Finding: 1. The property does not currently provide access to the sea or shoreline, nor does it provide access to any coastal parks, trails, or coastal bluffs. 2. Vertical access to the Newport Bay is available for the public from multiple access points along Via Lido Soud. Lateral access is available in the form of a public boardwalk between the bay and the subject property. The proposed project does not result in development that will impede existing public access. Finding: W. The variance will not result in development that blocks or significantly impairs public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas. Facts in Support of Finding: 1. The project site is not located adjacent to a coastal view road or public viewpoint. However, the site is located adjacent to a public accessway, as identified in the Coastal Land Use Plan. Also, the project may be located within the viewshed of distant public viewing areas. The proposed project is to demolish an existing four-unit residential structure and to subdivide the existing property into two separate parcels. Although there is no construction proposed as part of this project, there is a potential for two units on each of the proposed parcels. Future development shall comply with all applicable Local Coastal Program (LCP) development standards and shall be consistent with the 07-11-17 19 Zoning Administrator Resolution No. ZA2019-### Page 13 of 18 existing neighborhood pattern of development. Furthermore, all improvements in the front setback area of the subject property is limited to 42 inches from existing grade. An investigation of the project site and surrounding area did not identify any other public view opportunities. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. Finding: X. The variance will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation or wildlife species. Fact in Support of Finding: 1. There are no coastal resources on the property nor are there any in the immediate area that could be affected by its redevelopment as the property is separated from the bay by a public boardwalk. Finding: Y. The granting of the variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the Local Coastal Program. Fact in Support of Finding: 1. Facts in Support of Finding S above are hereby incorporated by reference. SECTION 6. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. This project has been determined to be categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Class 32 (In-Fill Development). 2. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel Map No. NP2019-008 and Coastal Development Permit No. CD2019-024, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 07-11-17 20 Zoning Administrator Resolution No. ZA2019-### Page 14 of 18 21.64.035 of the City's certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF SEPTEMBER, 2019. Rosalinh Ung, Zoning Administrator 07-11-17 21 Zoning Administrator Resolution No. ZA2019-### Page 15 of 18 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 19 (Subdivisions) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code. 3. Prior to map recordation, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns. 4. Prior to map recordation, the property owner shall submit a notarized signed letter acknowledging all hazards present at the site, assuming the risk of injury or damage from such hazards, unconditionally waiving any claims of damage against the City from such hazards, and to indemnify and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs)of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of development.This letter shall be scanned into the plan set prior to building permit issuance. 5. Necessary adaptable measures shall be required for future development of the lots to respond to the projected SLR based on the Medium-High Risk Aversion estimates. 6. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. 7. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 8. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 07-11-17 22 Zoning Administrator Resolution No. ZA2019-### Page 16 of 18 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 9. Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Demolition Plan. 10. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 11. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stockpiles and construction materials shall be covered, enclosed on all sides, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 12. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 13. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 14. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 15. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious 07-11-17 23 Zoning Administrator Resolution No. ZA2019-### Page 17 of 18 to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 16. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current property owner or agent. 17. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions,officials,officers,employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses,judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorneys fees, disbursements and court costs)of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to Citys approval of the Bethel and Ridge Demolition and Subdivision including, but not limited to, Tentative Parcel Map No. NP2019-008and Coastal Development PermitNo. CD2019-024 (PA2019-085).This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. PUBLIC WORKS 18. A parcel map shall be recorded. The map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital-graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 19. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 20. All improvements shall be constructed as required by Ordinance and the Public Works Department. 21. An encroachment permit is required for all work activities within the public right-of-way. 07-11-17 24 Zoning Administrator Resolution No. ZA2019-### Page 18 of 18 22. Any existing broken and/or otherwise damaged curb and pavement along the Via Lido Soud frontage shall be reconstructed. 23. All existing overhead utilities shall be undergrounded. 24. An encroachment permit/agreement shall be obtained for any non-standard improvements within a 4-foot wide Public Utilities Easement along Via Lido Soud. 25. Each parcel shall be served by its individual water service/meter and sewer lateral/cleanout to be constructed per City Standards. 26. All improvements shall comply with the City's sight distance requirement. See City Standard 110-L. 27. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 07-11-17 2.5 Attachment No. ZA 2 Vicinity Map 03/13/2018 20 VICINITY MAP •o•' 9 f A , Subject Property L � Coastal Development Permit No. CD2019-024 Tentative Parcel Map No. NP2019-008 PA2019-085 365 Via Lido Soud, Units 1 , 2, 3, and 4 03/13/2018 27 Attachment No. ZA 3 Coastal Hazards Report 03/13/2018 22 'Is, Geotechnical • Geologic • Coastal • Environmental 5741 Palmer Way • Carlsbad, California 92010 • (760) 438-3155 • FAX (760) 931-0915 • www.geosoilsine.com September 16, 2019 WO S7677 Mr. Jeff Bethel & Mr. Steve Ridge 365 Via Lido Soud Newport Beach CA 92663 SUBJECT: Coastal Hazard and Sea Level Rise Discussion for a Parcel map and Demolition of the Existing Structures, 361 Via Lido Soud, Newport Beach, Orange County, California. Dear Mr. Bethel & Mr. Ridge: In accordance with your request and authorization, GeoSoils, Inc. (GSI) is pleased to provide this discussion regarding the potential coastal hazards, including the impact of future sea level rise (SLR), on the proposed parcel map and demolition of the structures at 365 Via Lido Soud in Newport Beach, California. The purpose of this report is to provide the hazard information for your permit application typically requested by the Cityof Newport Beach and the California Coastal Commission (CCC). Our scope of work includes a review of the State of California Sea-Level Rise (SLR) Policy Guidance document (March 2018), CCC SLR Guidance (November 2018), a review of City of Newport Beach Municipal Code (NBMC) 21.30.15.E.2, a discussion of the proposed project, a site inspection, and preparation of this letter report. INTRODUCTION The proposed project is a parcel map and demolition of existing structures, in the City of Newport Beach. Figure 1, downloaded from Google Maps (Bird's Eye View), shows the site in relation to the adjacent properties, the public boardwalk, an intertidal beach, and the navigation channel within Newport Bay. The current parcel is rectangular shaped, about 70 feet by 90 feet. The proposed project will create two bay front parcels each about 35 feet and 90 feet. The estimated finished grade at the site is +11.0 feet NAVD88. The top of the City of Newport Beach owned boardwalk is at about elevation 8.5 NAVD88. The site is currently mapped by FEMA to be in the unshaded X Zone,with the adjacent bay mapped in the AE Zone, with a base flood elevation of +8 feet NAVD88. The elevation of the Via Lido Soud crown is about +12 feet NAVD88, and the street flow line elevation is about +11.2 feet NAVD88. 29 - 2 y yr.• ' a i!' , L 1 a 6 Figure 1. Subject site, 365 Via Lido Soud, adjacent properties, public boardwalk, and Newport Bay channel. DATA & DATUM The datum used in this report is NAVD88, which is about 2.62 feet below the mean tide level (MTL). The units of measurement in this report are feet (ft), pounds force (lbs), and seconds (sec). Site elevations were taken from a topographic map prepared by Forkert Engineering and Surveying, Inc., dated 10/26/18. A site reconnaissance was performed in July 2019. The offsite walkway/boardwalk was observed to be in good condition. There is a small (about 5 feet wide) supra-tidal beach fronting an intertidal beach bayward of the boardwalk. HAZARD ANALYSIS Typically, potential coastal hazards are discussed for a time period associated with the "design life" of the development. The proposed project/development, a parcel map and structure demolition has a very short design life. The design life is essentially over after the demolition is completed. There are three different potential shoreline hazards identified at this site: shoreline movement/erosion, waves and wave runup, and flooding. In as much as the life of the development is short none of these hazards will impact the proposed development. However, a longer design life of 75 years will be discussed in consideration of the "life" of the new lots. For ease of review, each of these hazards will be analyzed and discussed separately, followed by a summary of the analysis including conclusions and recommendations, as necessary. 30 3 Shoreline Erosion Hazard There is no actual shoreline on the site proper. The site is behind the public boardwalk and at an elevation well above the influence of sediment transport within the bay. There is a small intertidal beach bayward of the public walkway. However, shoreline erosion will not impact the site over the life of the property. Current Flooding Hazard The National Oceanographic and Atmospheric (NOAA) National Ocean Survey tidal data station closest to the site with a long tidal record (Everest International Consultants Inc. (EICI), 2011) is located at Los Angeles Harbor (Station 94106600). The tidal datum elevations are as follows: Mean High Water 4.55 feet Mean Tide Level (MSL) 2.62 feet Mean Low Water 0.74 feet NAVD88 0.0 feet Mean Lower Low Water -0.2 feet During storm conditions, the sea surface rises along the shoreline (super-elevation) and allows waves to break closer to the shoreline and runup on the beach. Super-elevation of the sea surface can be accounted for by:wave set-up,wind set-up and inverse barometer, wave group effects and El Nino sea level effects. The historical highest ocean water elevation at the Los Angeles Harbor Tide station is +7.72 feet NAVD88 on January 10, 2005. In addition, EICI reported that the elevation of 7.71 feet NAVD88 is the 1% water elevation. For this analysis the historical highest water elevation will be+7.7 feet NAVD88. The proposed project,with finished site elevations of about+11.0 feet NAVD88 is currently safe from flooding, and will be for many decades. Future Tide Levels Due to Sea Level Rise The California Coastal Commission (CCC) SLR Guidance document recommends that a project designer determine the range of SLR using the "best available science."When the SLR Guidance documentwas adopted by the CCC in 2015, it stated thatthe best available science for quantifying future SLR was the 2012 National Research Council (NRC) report (NRC, 2012). The NRC (2012) is no longer considered the state of the art for assessing the magnitude of SLR in the marine science communities. The California Ocean Protection Council (COPC) adopted an update to the State's Sea-Level Rise Guidance in March 2018 and is currently the best available science. These new estimates are based upon a 2014 report entitled "Probabilistic 21 st and 22nd century sea-level projections at a global network of tide-gauge sites" (Kopp el at, 2014). This update included SLR estimates and probabilities for Los Angeles Harbor the closest SLR estimates to Newport Beach. These SLR likelihood estimates are provided below in Figure 2 taken from the Kopp et al 2014 report. The report provides SLR estimates based upon various carbon emission scenarios known as a "representative concentration pathway" or RCP. Figure 2 31 4 provides the March 2018 COPC data (from the Kopp et al 2014 report)with the latest SLR adopted estimates (in feet) and the probabilities of those estimate to meet or exceed the 1991-2009 mean, based upon the best available science. 50% .r bhty 66%p bablhty 5%pmbadbty a.5%p.bablhty serleveltlsemeets e-levelrise ea levN tlse meets level tlse meets xceeds._ Is between. scalds. tterls. lkOW t.,,k ..t000 Fvn.ma ion k Clkk wK I e15k Pvanlon Hlgn enau"s 2030 0.3 O.b - w06 06 OJ 1.0 2040 05 04 - OJ 0.9 L2 1J 2050 02 0.5 10 1.2 t8 26 in enimaBs 2NO 08 O.5 L1 1.4 L2 Hlge emission 2060 1.0 07 - 1.3 ll 2.5 3.7 low emisslons 2070 0.9 0.6 - 13 1.8 29 Hlgn emlSSmns 2070 1.2 08 - i) 22 3.3 5.0 Lowem1191Ms 2080 10 06 16 8.1 36 High MUM 2080 L5 10 - 22 2.9 4.3 6.4 low fmlSSlanS 2090 12 02 - 1.8 2.5 4.5 High emisslons 2390 18 12 - 27 3A 5.3 8.0 Link emlsslons 2m0 1.3 07 3.0 5A High omlmions 2Hm 2.2 13 - 4.1 97 99 Low RMIsslons 2110' 14 09 3.1 6.0 High emisslons 2110' 2.3 16 - - 4.3 21 115 Figure 2. Table from Kopp et al (2014) and COPC 2018, providing current SLR estimates and probabilities for the Los Angeles Harbor tide station. This table illustrates that SLR in the year 2100 for the likely range, and considering the most onerous RCP (8.5), is 1.3 feet to 3.2 feet above the 1991-2009 mean. The Newport Beach City Council approved the use of the high estimate of the "low risk aversion" scenario, which is 3.2 feet SLR by the year 2100. Interpolating between the years 2090 and 2100 provides a SLR of 2.9 feet in the year 2095. The design historical water elevation at the for Newport Bay is elevation +7.7 feet NAVD88 (Moffatt & Nichol 1% water elevation). If 2.9 feet is added to this 7.7 feet NAVD88 elevation, then future design maximum water level 10.6 feet NAVD88 is determined. Because the actual project life is short, a year or so, SLR will not impact it. For the actual new lots, a longer design life of 75 years will be analyzed. The "likely" sea level rise for a 75 year project is 2.9 feet. This SLR would account for future extreme bay water level in the range of 10.6 feet NAVD88 (7.7 feet NAVD88 + 2.9 feet SLR). There is also a 0.5% chance that SLR will be about 5.4 feet for future development. As stated before, the present maximum (1%) historical water elevation at the site, including El Nino effects, is -+7.7 feet NAVD88. Based upon the elevation of the City boardwalk, the extreme Newport Bay water level will exceed the height of the existing walkway when SLR is 0.8 feet or greater. For the likely COPC SLR estimate range (high emissions) the walkway is safe from flooding until about the year 2050. The finished site grade is about +11.0 feet NAVD88. The site is safe from flooding from up to 3.3 feet of SLR, which may occur in 32 5 about the year 2100 under the likely SLR estimate. It should be noted that, if SLR is higher, flooding will not occur constantly but rather only a few times a month, at the full moon and new moon, for a period of about 1 hour. For future development of the lots, adaptable measures may be necessaryto respond to SLR based on the Medium-High Risk Aversion estimates. Waves and Wave Runup The potential surface gravity waves (ocean swell), boat wakes and wind waves to arrive at this site is nil. Tsunami Tsunami are waves generated by submarine earthquakes, landslides, or volcanic action. Lander, et al. (1993) discusses the frequency and magnitude of recorded or observed tsunami in the southern California area. James Houston (1980) predicts a tsunami of less than 5 feet for a 500-year recurrence interval for this area. Legg, et al. (2002) examined the potential tsunami wave runup in southern California. While this study is not specific to the site, it provides a first order analysis for the area. The Legg, et al. (2002) report determined a maximum open ocean tsunami height of less than 2 meters. The maximum tsunami runup in the Newport Beach open coast area is less than 1 meters in height. Any wave, including a tsunami, that approaches the site in will be refracted, modified, and reduced in height by the Newport jetties, and as it travels into the bay. Due to the infrequent nature and the relatively low 500-year recurrence interval tsunami wave height, and the elevation of the proposed improvements, the site is reasonably safe from tsunami hazards. It should be noted that the site is mapped within the limits of the California Office of Emergency Services tsunami innundation map, Newport Beach Quadrangle (State of California, 2009). The tsunami inundation maps are very specific as to their use. Their use is for evacuation planning only. The limitation on the use of the maps is clearly stated in the PURPOSE OF THIS MAP on every quadrangle of California coastline. In addition, the following paragraph is taken from the CalOES Local Planning Guidance on Tsunami Response concerning the use of the tsunami inundation maps. Inundation projections and resultingplanning maps are to be usedfor emergency planningpurposes only. They are not based on a specific earthquake and tsunami. Areas actually inundated by a specific tsunami can vary from those predicted. The inundation maps are not a prediction of the performance, in an earthquake or tsunami, of any structure within or outside of the projected inundation area. The City of Newport Beach and County of Orange have clearly marked tsunami evacuation routes for the entire Newport Beach/Bay area. 33 6 CITY OF NEWPORT BEACH INFORMATION Coastal Hazards Report (NBMC 21.30.15.E.2): L A statement of the preparer's qualifications; Mr. Skelly is Vice President and Principal Engineer for GeoSoils, Inc. (GSI). He has worked with GSI for several decades on numerous land development projects throughout California. Mr. Skelly has over 40 years experience in coastal engineering. Prior to joining the GSI team, he worked as a research engineer at the Center for Coastal Studies at Scripps Institution of Oceanography for 17 years. During his tenure at Scripps, Mr. Skelly worked on coastal erosion problems throughout the world. He has written numerous technical reports and published papers on these projects. He was a co-author of a major Coast of California Storm and Tidal Wave Study report. He has extensive experience with coastal processes in southern California. Mr. Skelly also performs wave shoring and uprush analysis for coastal development, and analyzes coastal processes, wave forces, water elevation, Iongshore transport of sand, and coastal erosion. ii. Identification of costal hazards affecting the site; As stated in this hazard analysis, for a short design life project there are no coastal hazards. However, for a longer design life, the typical coastal hazards to consider are shoreline erosion, flooding, and wave/wake impacts. There is a small intertidal beach near the site but it is not part of the site. Boat wakes and wind waves are too small, even with sea level rise (SLR), to potentially flood the lot. There is no potential coastal hazard of flooding of the lots for SLR less than 3.3 feet. For future development of the lots, adaptable measures may be necessary to respond to SLR based on the Medium-High Risk Aversion estimates. iii. An analysis of the following conditions: 1. A seasonally eroded beach combined with long-term (75 year) erosion factoring in sea level rise; There is a stable intertidal beach near the site. There are no seasonal changes in the beach. As SLR occurs the intertidal beach may become smaller or disappear altogether. 2. High tide conditions, combined with long-term (75 year) projections for sea level rise; Using the likely CCC SLR estimate over a 75-year design life, the SLR in the year—2095 is 2.9 feet. This SLR would account for future extreme bay water level of 10.6 feet NAVD88 (7.7 feet NAVD88 + 2.9 feet SLR). There is a 0.5% chance that SLR will be about 5.4 feet in 75 years. 34 7 3. Storm waves from a one hundred year event or storm that compares to the 1982/83 El Nino event; No ocean waves can reach the site. 4. An analysis of bluff stability; a quantitative slope stability analysis that shows either that the bluff currently possesses a factor of safety against sliding of all least 1.5 under static conditions, and 1.1 under seismic (pseudostatic conditions); or the distance from the bluff edge needed to achieve these factors of safety; and There is no bluff fronting the site. This condition does not occur at the site. 5. Demonstration that development will be sited such that it maintains a factor of safety against sliding of at least 1.5 under static conditions and 1.1 under seismic (pseudostatic) conditions for its economic life (generally 75 years). This generally means that the setback necessary to achieve a factor of safety of 1.5 (static) and 1.1 (pseudostatic) today must be added to the expected amount of bluff erosion over the economic life of the development (generally 75 years); There is no bluff fronting the site. There is no potential for sliding. This condition does not occur at the site. iv. On sites with an existing bulkhead, a determination as to whether the existing bulkhead can be removed and/or the existing or a replacement bulkhead is required to protect existing principal structures and adjacent development or public facilities on the site or in the surrounding areas; and There is no bulkhead on the site. v. Identification of necessary mitigation measures to address current hazardous conditions such as siting development away from hazardous areas and elevating the finished floor of structures to be at or above the base floor elevation including measures that may be required in the future to address increased erosion and flooding due to sea level rise such as waterproofing, flood shields, watertight doors, moveable floodwalls, partitions, water- resistive sealant devices, sandbagging and other similar flood-proofing techniques. The site is safe from the coastal hazard of flooding by the finished elevation of the lots. For future development of the lots, adaptable measures maybe necessary to respond to SLR based on the Medium-High Risk Aversion estimates. It is important to point out that SLR will not impact this property alone. It will impact all of the Newport Bay low lying areas. The public streets throughout the Newport Beach coastal area, including the Balboa 35 8 Peninsula and Balboa Island, will flood with lower SLR well before the residence floods. It is very likely that the community will soon adopt some of the SLR adaptation strategies that are currently being considered by the City of Newport Beach. These strategies involve raising,or adding/replacing the bulkheads, beaches and walkways that surround the bay, and waterproofing. These are a regional adaptation strategies. CONCLUSIONS • The proposed project has a short design life. However, the analysis herein considers the coastal hazards associated with the two new lots over 75 years. Based on the finished elevation of the lots, +11.0 feet NAVD88, they are safe from flooding with up to 3.3 feet of SLR. For the SLR range currently used by the City of Newport Beach this is about the year 2100. RECOMMENDATIONS Based upon the analysis and discussion herein, the proposed development is reasonably safe from coastal hazards for the next 75 years including shoreline movement, waves and wave runup, and flooding with future SLR for the next 75 years. It should be noted that future flooding hazards due to SLR are shared by all development around Newport Bay. The public roads for access to the site will be impassable due to ocean flooding long before the flood water level approaches the elevation of the lots. SLR impacts will be a regional problem and only solved by a regional management plan. The proposed City of Newport Beach bulkhead modification/replacement plan will likely mitigate any SLR impacts on the community. The proposed project will neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or adjacent area. The opportunity to be of service is sincerely appreciated. If you should have any questions, please do not hesitate to contact me. a Respectfully submitted, ewe ooW SirFi No.RC * Ezp. / CM GeoSoils, Inc. 9T�OF CAUE�Q� David W. Skelly MS, PE RCE#47857 so 9 REFERENCES Everest International Consultants, Inc.,2011,Assessment of seawall structure integrity and potential for seawall over-topping for Balboa Island and Little Balboa Island, main report, No Project No., dated April 21. Kopp, Robert E., Radley M. Horton Christopher M. Little Jerry X. Mitrovica Michael Oppenheimer D. J. Rasmussen Benjamin H. Strauss Claudia Tebaldi Radley M. Horton Christopher M. Little Jerry X. Mitrovica Michael Oppenheimer D. J. Rasmussen Benjamin H. Strauss Claudia Tebaldi 'Probabilistic 21 st and 22nd century sea-level projections at a global network of tide-gauge sites" First published: 13 June 2014 Newport Beach, "Waterfront Project Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities," 2017 Edition NOAA, 2018, Web Site, Maps http://anchor.ncd.noaa.gov/states/ca.htm Tidal Datums http://www.opsd.nos.noaa.gov/cgi-bin/websql/ftp/query_new.pl State of California, County of Orange, 2009, "Tsunami Inundation Map for Emergency Planning, Newport Beach Quadrangle," 1:24,000 scale, dated June 1. State of California Sea Level Rise Guidance 2018 Update, by Ocean Protection Council, dated in March 2018. 37 Attachment No. ZA 4 Original Tract Map No. 907 TmpIt:03/13/18 38 28- 33 SHEET N9 9. /vor- ^9�9"/6�m/n drod�+in"nvm�nr TRACT NO. 907 T�1�44� /� rl ti.rJ.r pro l 1N 4 +V � e 1 ' '\ fi. 'o^ nYi• a :_'s'a�s\oo� . a6�_ °'� C�• ?'.' ON Al G .. rJi: 5ci d r.• , p1 ' / /' 'yV.ia •r b � � �V $` b�:n%gib • .`? 0 �u "C� b ii ��-s`s s,+ �°a .t sue,"-• � +y b �f� e `i �"4� '• s e�•Rr 4' �r� �� ay ' •`� Jai"� ', �-•. L'�' ^ F bS P as / so ' `f� �.J ` 2t / 'dam NrG $ ♦ o�trtr,00- 14. OR 6ENOq s2 Q9'a �... • @ Rl. . s` 1°y �•' �4q'M � _il r�` .. _.:l s� ICY>s zr.�-'• �� m M/ J�Y C 10' v � a o � p m m �: �e �.p,/ N ! N4- ➢°�a 4a \6 SEE SHEET N+"f. q 3J 28- 31 .r Y 'y � r�•r SMEETN^7 TRACT NO. 907 ae ` a GENOgiY #Ilk m gq +v-n:3`��..p�y�' � ___m�.'t'"�ti ,y�,.a.�:� _=_ _ y _�.'e -•rw7 ° p Z i 9„ !9 yes/�ammiADtq J` _ pe a 990 E Vill R4VRE _ T, ,e' 4aDrt ___F,^'�o',r_'y �,� {3 i ,q e.r ya yi. Tro,p•ny. ,vr. xre ....at orary p;r - - -'l %'+wu- VIA ID Q m a.: 1. - fwx -,f- �_ �j gI VIA _— ..�•..��>�_-...uCRR _ t _ __`.•..,_ �jt�_ Y `(,' 1 mqqx, tir y qln r,ry..n. - DneS! r°u.�A/..y ..•,,..- �'.. asv e 91e KORON pp a� rr i" � •�I LIE L • p a y P r p # N pO p g 44 Np ~ N N � , N •t�t ass v � ,p f.. u., a9/i _ ee xM•a .�wr,p - euw4- Maz anq "'t 3'_ __ ,• I'• d'_° ass °� �ii{—VIR _ _". r.-r•rr..'a'tvii—Ll)RCN —!'�— _ _ � � �� _- wxryow asa Y x � i x g SFF � W 4 rr, ya'•.v.+„ elf I,lnryp/,.yply-r xEaxua �I� SEE SMEETN^5 • LS — -TO Attachment No. ZA 5 Project Plans TmpIt:03/13/18 41 m-ma F. 'AID .a,Ea �,.� s,�aao�,�. 30519 ASERBADATIONG mN F1 CRAIG$ HAMPfON �oc.eo¢.N DOcw.¢v<x. .EN,.oNxu� a Al �(@� _ ..�. _. ,,, HEN BAN xrv.RAGE No.mABEADIA.' ABERpuva0A.5o...x ., a LEGEND paip Hi H S DTEAoFµ o o � P�� roN FEN DE q ........... R DEMO PLAN NOTES At ... ALLINFIBIBBEALLAGEAGATsEw¢R THE s<aLLRE<RREoEx¢or xu�uwc.ocREVRx.ous.. a. BBHD e I® uiensx,RusswuRacunxnxo xN,o,N,. D.T OF ¢—FH,¢.No¢pEwuNH.><.H..pxE.ua�wEaNpFE..,EEN THE ..e BTTETB L HTBITTAEEY ME EN AO IG ETD IL BEI EFGR AHB MEEWGFEBRDOFIED DAY NE„ER THExx,VR.wF.0 ,. Ex sF A ] nRAMC a[cuH¢aiF o[wunoN wxH�N e 5 p1. WnCxu MLNx.ucwF[[xxwRiM¢ eRo BEI,C11 r 4X ewer �"/j R Afr v¢rtx ltao[¢Iwi[¢ T ' G$ evnm,miy mmimmeurtn �mneei�g,a,.mnl LOTH �� >� �vrs.emn wer<v� mimwim:vvvirn,.n nain rvov wm Z ,Gt D.AA, n Q LA- EFA.�RAJAHABE L.—HOnRAINwM a,• wa�wivne.ovnvv.er,m�.nwmm�w9umau,wan4xivMW.memmm� O xo EE r BE, Axmenmmap¢emeemm ewnmAF,I ema mewrsx 0 zallelABB, eY eR.d w m w.,m THHEA g.aHAHM _.. e �. MAIM �a� .,. e: ��emnPA, �Nmmp:m ; 2'IBM •�I pH„mTIT-P _,M,mmr m,.. .em„mmewe„Yme,, . e. ww 11TIABOUNTAIIAPAS IA AT AT m a .�a. G.,o�RFEoN ry , G m,Awml Iltt6xxA.IVLII.W TOPOGRAPHIC SNRVEY 1 x t� AIDE g5. �w-..<4�..t�"{� ADH.H. nNna. Bfifi VIA 1JO09011G 2y. DHAIT E l.TNEWPORT BEACH.CA 1 ------------------- -------------- Toc ROCH IOTA JALII of J , = o . o 8 e i S rvon o srm u r s � .s o ,w E E c—s m xnrucr nn TOPOGRAPHIC SURVEY ET g waw rvu e� x n' x�[x5[L xo tou�wn "r ov n EWPORLIOl SHNC L NEWPORT BEACH,CA - �� aEz =�LE SCALE: 1" = ID' TENTATIVE E SHEET 1 OF 1 SHEETS EXISTING FARMS: 1 ACREAGE:0.145 AG. PARCEL No. 2019-126 OATF OF PREPARATION UTILITY NOTES ,PR,C.'M IN THE CITY OF NE(WPORT BEACH IA OAS COMPANY DASHER /OFVT(THER COUNTY OF ORANGE, STATE OF CALIFORNIA SOUTHERN �°'T"F°RN .EFFREY JAMES BEMEL A FAMILY E MA E R�. Bm14nYR ne:ILY TI MAR OARED JANVMVI]9.°Boio F REaC PROP TY IN THE CI1Y OF rvr_WPORT BEACH.CGUNn OF ORANGE,STATE BF CAUFORNIa. SY THE x cwf N EXXON c.ANY EVER,JCryu RICE'AN ME N SHELn Y AlRINl-OID MN X DESCRIEED AS FOLLCAS: (AS)sss-95ESTRITENESS �X pRIE ROLE AB LONG TRUST BATED MAY 22.2Bl_ LOT Szs A ME SOUTIGs2RLY 10'CF LOT TO A THE MORMAJOETERY HALF CE LOT HER OF _ TRACT NO,507 IN WE CITY OF NEMPORT PEACH COUNTY OF BRANDS STATE OF CAUFORNIA, S17FS17F ADQRFPS Al PER MAP RECORDED IN MCA RE,PACES R5-1'v OF MISCELLANEOUS MAPS,IN MFE CTCE LTM[WARNER LD CATONS OF ME CWNTY RECORDER OF SNAD CCLI (BEST NS �BTuuu .WORT ELACH,CA ACERB APO'. SD-16]-O< EACH ZONING (Bw>°XR'XG4BT ON PROPOSED USE OF I AND A`/ S�.11 ME 6ANi-aa,]sT SPASM NUGNEWAT MBER OF FARCE S / ATRY FENDEAM LOOD ZONE Fn tAky ]EUNAA)RCHECS-XI �Mn`1° INE X EASEMEENTS Tnp(CPB)waCESS BE - ERSFMENTS HE RECORD ATEECTING WE SUBJCC]PROPOSES m 9 SFWFR AND STORM\CDRAIN IQfE s G i/ F Illry ANO �H SURVEYORS NOTE c pn[FVI"A s suxw_nuc mC 4.G 'BL MIS PROJECT IS A HAX4LW((6 °EVATW NAI MICHAEL A. CIiRET P.LS. 4 J N A qi o N•/� ' STANDARDS BOUNDARY AND (nEl IO S NpOCRperyIC JPFIAEX3 F.C.FISSION 11NOTHERS¢PW.C1A,B34A4 F c S N.NASEO ON NLPOGR TS IN TMHIC CONSIDGNS MD 9)S6]-e]9J F DMARMER ETALEDPBOUNODARY a1JOIIDS117 L°1 W9�,CG i86 D Ix F¢LA4FP E THE xNK OF CPl\k y PP 1� BENCHMARK N A_L A.119—R1LS CARI ACArt 19 COG SCOCIT ARX NB}I3-]0 SEARS.BY C.30M-FOCxD S X/O C. CERTY'O1 C A77CI OF WE CALIFORNIA BUSINESS AND ANDAMIN N BENCHMARK LOCK$TABRED PROFTEEMAYRTNGTM BY ACODE SCATES AT ME USE OF LICLNSED LAND SCIASYDR OF MARD A 4 YT 0B SET IN WE EC NC EW CAi CORNER N ME PRACTICE CF LAND EURKIFNE CF THE RI'YAR N _ WxcRF1e I:ATW 6F'IN.EN _M O.VU.VMT IS LOCATD W TH_AST CLANNER OF THE RECEPTION _ MTPXG HOORN NIS RELY CONST PAYS.REPORTS TNTESIONS�Ary Ex )]COLT;.IMBE LIDO SCUS AND AN DF THE CALMEST II:ESENHIC�H FR 1HE6Lf RTFlCATpNN NOT TO SCALE rlW AST OF THE TNTnAND 4 ff.EASTERLY oVE CF NA NGC ETHER ENE'XTRESSE°OR 14PL[u. RNIry OR CLFRPNIEE Ev[NN'MNO W OF CHAT NIXNUV[xi L ELEVATION 11.02(NAVCBB) VIA LIDO SOUD(45`W I A MY I e4 N@ GE � N2l]B'00'W 35.00' y N9]OCdKA jB g �9 �e n} Y31BY I �a �,� an . 'Bt y A i E kl lC e �` A I a �• I I a 1 € C LOT LOT LOT LOT j 1 y R � 812 923 923 944 di L � FBI I ti I � Cy 9 NY �m m RN R PARCEL'I APARCEL2 C v a E ai vRins v L N TO ATEXESTERLY LOT Bn s xgR"FASETxLY 20' ; C A L�Bz. � C 1 . „,. x NnrmoD'w soD' xv�e'Br-Wqu°D' fv yv J AT L 1 J3 J Y PACIFIC OCEAN