HomeMy WebLinkAbout08_Wells Residence Coastal Development Permit_PA2019-17403/13/2018
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 13, 2020
Agenda Item No
SUBJECT:Wells Residence (PA2019-174)
x Coastal Development Permit No. CD2019-047
SITE LOCATION:1140 West Bay Avenue
APPLICANT:Bradford C. Smith, Architect
OWNER:Mr. and Mrs. John Wells
PLANNER:Patrick Achis, Planning Technician
949-644-3237, pachis@newportbeachca.gov
LAND USE AND ZONING
x General Plan:RS-D (Single-Unit Residential Detached)
x Zoning District : R-1 (Single-Unit Residential)
x Coastal Land Use Category: RSD-C (Single-Unit Residential Detached) (10.0 –19.9
DU/AC)
x Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A coastal development permit (CDP) to allow the demolition of an existing single-family
residence and the construction of a new three-story, 4,052-square-foot, single-family
residence with an attached 740-square-foot, three-car garage. The proposed development
includes additional appurtenances such as patios, hardscape, drainage devices, and
landscaping. All work will occur within the confines of the private property and no work will be
conducted bayward of the existing bulkhead. The design complies with all applicable
development standards and no deviations are requested.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of
the CEQA Guidelines, because it has no potential to have a significant effect on the
environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2019-047 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
x The subject property is located in the R-1 Coastal Zoning District, which provides for
single-unit residential development and is consistent with the City’s Coastal Land Use
Plan, General Plan, and Zoning Code. A coastal development permit is required and the
property is not eligible for a waiver for de minimis development because the property is
located in the Coastal Commission Appeal Area.
x The property currently consists of one legal lot developed with a single-family residence.
The neighborhood is primarily developed with two-story, single-family residences and,
particularly on the opposite side of West Bay Avenue, multi-family structures. Newer
residential developments in the neighborhood are three stories and the proposed
design, bulk, and scale of the development is consistent with the existing neighborhood
pattern of development and expected future development consistent with applicable
development standards.
x The proposed single-family dwelling and accessory structures conform to all applicable
development standards, including floor area limit, setbacks, height, and off-street parking
as evidenced by the project plans (Attachment No. ZA 3) and illustrated in Table 1 below.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (minimum)
Front (Street) 5 feet 5 feet
Front (Water) 25 feet 25 feet
Sides 4 feet 4 feet
Allowable Floor Area 5,489 square feet (maximum) 4,792 square feet
Allowable 3rd Floor Area 411 square feet (maximum) 410 square feet
Open Space (minimum) 412 square feet 713 square feet
Parking (minimum) 3 parking spaces 3 parking spaces
Height (maximum) 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
Hazards
x Located on the northern extent of the Newport Peninsula, between 12th Street and 11th
Street, the site is a private bay front parcel. An existing seawall centrally protects the
site with the top of the bulkhead at an approximate elevation of 9.5 feet based on the
North American Vertical Datum of 1988 (NAVD88). The on-site privacy wall located
along the 12th Street side is a secondary shoreline protective device. As described in
the project’s bulkhead condition report, visual inspection of the bay front seawall
revealed that the structure appears to be in good condition and is not in need of
maintenance. However, existing structures and improvements prevent a precise
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determination of its adequacy if it is found necessary to add protection up to the
required elevation of 10.60 feet (NAVD88). The side-facing shoreline protection wall
should be replaced if needed. The report recommends a structural assessment of both
the bay and side property walls after removal of the site’s rear patio. If the bay wall
proves adequate, then the elevation of the top of the shore protection will be capped
to the minimum elevation of 10.6 feet (NAVD88). Alternatively, if it is determined the
bay front wall requires replacement, a new bulkhead will be constructed to the
minimum elevation of 10.6 feet (NAVD88). Consistent with Condition of Approval No.
4, the applicant is required to obtain approval from the California Coastal Commission
(CCC) to either raise or replace the existing bulkhead.
x GeoSoils, Inc. prepared the project’s Coastal Hazards and Bulkhead Condition Report,
dated October 29, 2019. As described above, this report directs additional investigation
of the existing seawall’s structure to help determine whether a cap or an entirely new
seawall will be required up to the minimum 10.6-foot (NAVD88) elevation. Newport Bay’s
historical design flood elevation is 7.7 feet (NAVD88). In employing the high estimate
of the “low risk aversion” scenario for sea level rise from the California Ocean
Protection Council, the projection is a 2.9-foot increase in sea level rise (or overall
elevation of 10.6 feet [NAVD88]) for the next 75 years. Waves resulting from wakes
and winds pose the possibility to reach the shore protection fronting the site. The site
has not been subject to flooding, erosion damage, or wave runup attack in the past.
Based on the calculated wave run up under the current 100-year recurrence interval
conditions, future sea level rise of more than 2 feet could enable boat wakes during
high tides to overtop the bulkhead. For this reason, after the patio demolition, the report
advises an analysis of the existing wall to achieve an added wall height of 12.5 feet
(NAVD88), in keeping with the adaptation strategy from the CCC Sea Level Rise Policy
Guidance (2018). Ultimately, the GeoSoils, Inc. study recognizes that the new or
modified bulkhead with the minimum 10.6-foot (NAVD88) elevation and the maintenance
of the 12th Street privacy wall would protect the proposed development from any existing
or anticipated future coastal hazards for the next 75 years or more. During this 75-year
period, no additional shoreline protective devices will be necessary to protect the
proposed development.
x The proposed dwelling’s lowest finished floor elevation is 10.0 feet (NAVD88) and
surpasses the minimum standard of 9.0 feet (NAVD88) for new structures. The current
high tide shoreline will remain at the shore protection and shoreline erosion will not affect
or be affected by the proposed development.
x Pursuant to Newport Beach Municipal Code (NBMC) Subsection 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 such as waves, erosion,
and sea level rise. This agreement is referred to as the “Waiver of Future Protection
Devices” and must be executed and recorded prior to final building permit inspection as
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described in Condition of Approval No. 6. 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 Subsection
21.30.015(D)(3)(c). Condition of Approval No. 7 requires this acknowledgement, which is
called the “Acknowledgement of Waterfront Hazards and Waiver of Claims,” to be
completed and submitted prior to the issuance of a building permit.
x The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code (CBC)
and Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance
of 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.
x Proposed landscaping complies with NBMC Section 21.30.075 (Landscaping) by
incorporating drought-tolerant, non-invasive plant species and a water efficient
irrigation design. Condition of Approval No. 22 requires the approval of a final
landscape plan prior to the issuance of a building permit.
Water Quality
x Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to the
proximity of the development to the shoreline and the development containing more than
75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is
required. Construction plans are to be reviewed for compliance with the approved WQHP
prior to building permit issuance, as stated in Condition of Approval No. 21. The WQHP
would include a polluted runoff and hydrologic site characterization, a sizing standard for
Best Management Practices (BMPs), use of an LID (Low Impact Development) approach
to retain the design storm runoff volume on site, and documentation of the expected
effectiveness of the proposed BMPs.
x The project design will address 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 runoff and minor rain event runoff on-site. Any water not
retained on-site is directed to the City’s storm drain system.
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Public Access and Views
x The project site is located between the nearest public road and the sea or shoreline;
however, the project will not affect the public’s ability to gain access to, use, and/or view
the coast and nearby recreational facilities. The existing residential development neither
provides nor inhibits public coastal access. NBMC Section 21.30A.040 (Determination of
Public Access/Recreation Impacts) requires that the provision of public access bear a
reasonable relationship between the requirement and the project’s impact be proportional
to the impact. In this case, the project replaces an existing single-family residence 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.
x The nearest coastal access opportunity is currently provided at the north ends of 12th and
11th Street. The first directly abuts the subject site to the west and the latter lies
approximately 360 feet eastward of the subject site. Vertical access to the public beach
is available along the south street ends of 12th Street and 11th Street, between 580 and
700 feet away from the project site. The public beach to the south also includes a 12-foot-
wide public sidewalk along West Ocean Front, providing lateral access and views of the
beach. The proposed replacement of the existing single-family residence with a new
single-family residence does not include any features that would provide or inhibit coastal
public access opportunities.
x Per Condition of Approvals No. 5 and 9, 12th Street will remain free and clear of any
obstructions during construction and new or existing improvements (including
landscaping and construction activities) are not authorized on State tidelands, public
beaches, or the public right-of-way.
x The closest designated Public Viewpoint is located at the City’s Marina Park
Community and Sailing Center, which is approximately 1,500 feet to the west of the
property with three blocks of existing residential development between. The proposed
residence is also not located near Coastal View Roads, as designated in the Coastal
Land Use Plan. Due to the distance of the proposed development from the Public
Viewpoint and the project’s compliance with height, setbacks, and floor area limits, the
project will not impact coastal views.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to
have a significant effect on the environment. The Class 3 exemption includes the construction
of limited numbers of new, small structures, including one single-family residence. The proposed
project is a new single-family residence located in the R-1 Coastal Zoning District.
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Class 3 exempts the demolition of up to three single-family residences and additions of up to
10,000 square feet to existing structures. The proposed project consists of the demolition of
one single-family residence and the construction of a new 4,052-square-foot, single-family
residence with an attached 740-square-foot, three-car garage.
The exceptions to this categorical exemption under Section 15300.2 do not apply. 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.
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 NBMC Title 21 (Local Coastal Implementation
Plan). Final action taken by the City may be appealed to the Coastal Commission in compliance
with NBMC 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:
BMZ/pa
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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05-15-2018
RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2019-047 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE WITH A THREE-CAR
GARAGE AND ACCESSORY STRUCTURES LOCATED AT 1140
WEST BAY AVENUE (PA2019-174)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Bradford C. Smith, Architect (Applicant), with respect to
property located at 1140 West Bay Avenue, requesting approval of a coastal development
permit.
2. The lot at 1140 West Bay Avenue is legally described as Lot 1, Block 4 of Tract 626.
3. The Applicant proposes a coastal development permit (CDP) to allow the demolition of an
existing single-family residence and the construction of a new three-story, 4,052-square-
foot, single-family residence, including an attached 740-square-foot, three-car garage. The
proposed development also includes additional appurtenances such as walls, fences,
patios, hardscape, drainage devices, and landscaping. No work will be conducted bayward
of the existing bulkhead. The design complies with all applicable development standards
and no deviations are requested.
4. The subject property is designated Single-Unit Residential Detached (RS-D) by the
General Plan Land Use Element and is located within the Single-Unit Residential (R-1)
Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single-Unit Residential Detached (RSD-C) (10.0 – 19.9 DU/AC) and it is
located within the Single-Unit Residential (R-1) Coastal Zone District.
6. A public hearing was held on February 13, 2020, in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of
the California Environmental Quality Act (CEQA) under Class 3 (New Construction or
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Conversion of Small Structures), because it has no potential to have a significant effect
on the environment.
2. Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of one single-family residence and the construction of a new 4,052-square-
foot, single-family residence with an attached 740-square-foot, three-car garage. The
proposed project is a new single-family residence located in the R-1 Coastal Zoning
District.
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 Newport Beach Municipal Code (NBMC) Section 21.52.015 (Coastal
Development Permits, Findings and Decision), the following findings and facts in support of
such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 5,489 square feet and the proposed floor area
is 4,792 square feet.
b. The proposed development provides or exceeds the minimum required setbacks,
which are 25 feet along the front property line abutting Newport Bay, 4 feet along
each side property line, and 5 feet along the second frontage abutting West Bay
Avenue.
c. The highest guardrail is 24 feet from established grade (9.53 feet based on the
North American Vertical Datum of 1988 [NAVD88]) and the highest ridge is no more
than 29 feet from established grade, which comply with the maximum height
requirements.
d. The project includes garage parking for a total of three vehicles, complying with the
minimum three-car garage parking requirement for single-family residences with
more than 4,000 square feet of living area.
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2. The neighborhood is primarily developed with two-story, single-family residences and,
particularly on the opposite side of West Bay Avenue, multi-family structures. Newer
residential developments in the neighborhood are three stories and the proposed
design, bulk, and scale of the development is consistent with the existing neighborhood
pattern of development and expected future development consistent with applicable
development standards.
3. Located on the northern extent of the Newport Peninsula, between 12th Street and 11th
Street, the site is a private bay front parcel. An existing seawall centrally protects the
site with the top of the bulkhead at an approximate elevation of 9.5 feet based on the
North American Vertical Datum of 1988 (NAVD88). The on-site privacy wall located
along the 12th Street side is a secondary shoreline protective device. As described in
the project’s bulkhead condition report, visual inspection of the bay front seawall
revealed that the structure appears to be in good condition and is not in need of
maintenance. However, existing structures and improvements prevent a precise
determination of its adequacy if it is found necessary to add protection up to the required
elevation of 10.60 feet (NAVD88). The side-facing shoreline protection wall should be
replaced if needed. The report recommends a structural assessment of both the bay
and side property walls after removal of the site’s rear patio. If the bay wall proves
adequate, then the elevation of the top of the shore protection will be capped to the
minimum elevation of 10.6 feet (NAVD88). Alternatively, if it is determined the bay front
wall requires replacement, a new bulkhead will be constructed to the minimum elevation
of 10.6 feet (NAVD88).
4. GeoSoils, Inc. prepared the project’s Coastal Hazards and Bulkhead Condition Report,
dated October 29, 2019. As described above, this report directs additional investigation
of the existing seawall’s structure to help determine whether a cap or an entirely new
seawall will be required up to the minimum 10.6-foot (NAVD88) elevation. Newport Bay’s
historical design flood elevation is 7.7 feet (NAVD88). In employing the high estimate of
the “low risk aversion” scenario for sea level rise from the California Ocean Protection
Council, the projection is a 2.9-foot increase in sea level rise (or overall elevation of 10.6
feet [NAVD88]) for the next 75 years. Waves resulting from wakes and winds pose the
possibility to reach the shore protection fronting the site. The site has not been subject
to flooding, erosion damage, or wave runup attack in the past. Based on the calculated
wave run up under the current 100-year recurrence interval conditions, future sea level
rise of more than 2 feet could enable boat wakes during high tides to overtop the
bulkhead. For this reason, after the patio demolition, the report advises an analysis of
the existing wall to achieve an added wall height of 12.5 feet (NAVD88), in keeping with
the adaptation strategy from the CCC Sea Level Rise Policy Guidance (2018).
Ultimately, the GeoSoils, Inc. study recognizes that the new or modified bulkhead with
the minimum 10.6-foot (NAVD88) elevation and the maintenance of the 12th Street
privacy wall would protect the proposed development from any existing or anticipated
future coastal hazards for the next 75 years or more. During this 75-year period, no
additional shoreline protective devices will be necessary to protect the proposed
development.
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5. Pursuant to Newport Beach Municipal Code (NBMC) Subsection 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 such as 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 Subsection 21.30.015(D)(3)(c).
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.
1. The property is located adjacent to coastal waters. Pursuant to NBMC Section 21.35.050
(Water Quality and Hydrology Plan), due to the proximity of the development to the
shoreline and the development containing more than 75 percent of impervious surface
area, a Water Quality and Hydrology Plan (WQHP) is required. The WQHP would include
a polluted runoff and hydrologic site characterization, a sizing standard for Best
Management Practices (BMPs), use of an LID (Low Impact Development) approach to
retain the design storm runoff volume on site, and documentation of the expected
effectiveness of the proposed BMPs.
7. Proposed landscaping complies with NBMC Section 21.30.075 (Landscaping) by
incorporating drought-tolerant, non-invasive plant species and a water efficient irrigation
design. Condition of Approval No. 22 requires the approval of a final landscape plan
prior to the issuance of a building permit.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone .
Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline, but
the project will not affect the public’s ability to gain access to, use, and/or view the coast
and nearby recreational facilities. The nearest coastal access opportunity is currently
provided at the north ends of 12th and 11th Street: the first directly abuts the subject site
and the latter lies approximately 360 feet westward of the subject site.
2. Vertical access to the public beach is available along the south street ends of 12th Street
and 11th Street, between 580 and 700 feet away from the project site. The public beach to
the south also includes a 12-foot-wide public sidewalk along West Ocean Front, providing
lateral access and views of the beach. The proposed replacement of the existing single-
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family residence with a new single-family residence does not include any features that
would provide or inhibit coastal public access opportunities.
3. The 12th Street public right-of-way will remain free and clear of any obstructions during
construction and new or existing improvements (including landscaping and construction
activities) are not authorized on State tidelands, public beaches, or the public right-of-way.
4. The property is not located near designated public viewpoints or coastal view roads. The
nearest public viewpoint is located at the City’s Marina Park Community and Sailing
Center, approximately 1,500 feet westward of the property. Due to the distance of the
proposed development from the public viewpoints and the project’s compliance with
height and setbacks, the project will not impact coastal views. The proposed single-family
residence complies with all applicable development standards and maintains front setback
areas consistent with the existing neighborhood pattern of development. The project does
not contain any unique features that could degrade the visual quality of the coastal zone.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2019-047, 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 NBMC Title 21
Local Coastal Implementation Plan. Final action taken by the City may be appealed to
the Coastal Commission in compliance with NBMC Section 21.64.035 of the City’s
certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF FEBRUARY, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. This Coastal Development Permit does not authorize any development seaward of the
private property. Should the bulkhead require repair or replacement with construction
equipment bayward of the private property, an additional coastal development permit
shall be obtained for the bulkhead from the California Coastal Commission.
3. Prior to the issuance of a demolition permit for the principal dwelling, the Applicant shall
take the minimum steps necessary to assess the structural integrity of the primary and
secondary shoreline protective devices.
4. Prior to the issuance of a demolition permit for the principal dwelling, the Applicant shall
obtain approval from the California Coastal Commission to increase the height of the
existing bulkhead to a minimum elevation of 10.6 feet (NAVD88) or replace the existing
bulkhead with a new bulkhead at a minimum elevation of 10.6 feet (NAVD88).
5. The 12th Street public right-of-way shall remain free and clear of any obstructions during
construction, unless otherwise permitted.
6. 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.
7. 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.
8. 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.
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9. This approval does not authorize any new or existing improvements (including
landscaping and construction activities) on State tidelands, public beaches, or the public
right-of-way.
10. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
11. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stock piles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
12. Trash and debris shall be disposed in proper trash and recycling receptacles at the end
of each construction day. Solid waste, including excess concrete, shall be disposed in
adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
13. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
14. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
15. 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.
16. 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.
17. Prior to the issuance of a building permit, the Applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
18. Prior to the issuance of a building permit, the Applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building
Division.
19. Prior to the 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.
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Zoning Administrator Resolution No. ZA2020-###
Page 8 of 9
05-15-2018
20. Prior to the 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 Permit file. The plans shall be identical to those approved by all
City departments for building permit issuance. The approved copy shall include
architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The
plans shall accurately depict the elements approved by this Coastal Development
Permit.
21. Prior to issuance of a building permit, 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.
22. Prior to the issuance of a building permit, 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.
23. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing, and trimming.
All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall
be kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
24. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of Native Birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
25. Prior to the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
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Zoning Administrator Resolution No. ZA2020-###
Page 9 of 9
05-15-2018
26. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
27. This Coastal Development Permit No. CD2019-047 shall expire unless exercised within
24 months from the date of approval as specified in NBMC Section 21.54.060 (Time Limits
and Extensions), unless an extension is otherwise granted.
28. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of Wells Residence including, but not limited to, Coastal Development Permit No.
CD2019-047 (PA2019-174). 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.
16
Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Coastal Development Permit No. CD2019-047
PA2019-174
1140 West Bay Avenue
Subject Property
18
Attachment No. ZA 3
Project Plans
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
February 13, 2020, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item 8. Wells Residence Coastal Development Permit No. CD2019-047
(PA2019-174)
Since this development directly faces the bay, it would be appropriate to require the “tempered
glass railing” shown on handwritten pages 26 and 27 to be treated to minimize bird strikes.
Zoning Administrator - February 13, 2020
Item No. 8a Additional Materials Received after Deadline
Wells Residence CDP (PA2019-174)