HomeMy WebLinkAbout06_Collins Residence CDP_PA2020-21507/25/19
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 15, 2020
Agenda Item No. 6
SUBJECT:Collins Residence (PA2020-215)
Coastal Development Permit No. CD2020-130
SITE LOCATION:413 and 413 ½ Edgewater Place
APPLICANT:William Guidero
OWNER:Jim Collins
PLANNER:Patrick Achis, Assistant Planner
949-644-3237 or pachis@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category:RT (Two Unit Residential)
Zoning District:R-2 (Two-Unit Residential)
Coastal Land Use Plan Category: RT-E (Two Unit Residential – 30.0 – 39.9 DU/AC)
Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
A coastal development permit to allow the demolition of an existing residential duplex and
the construction of a new three-story, 2,591-square-foot single-family residence with an
attached 475-square-foot two-car garage. No work is proposed to the adjacent public
boardwalk or City-owned bulkhead. The project design complies with all development
standards and includes hardscape, patios, site walls, drainage devices, and landscaping.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division
6, Chapter 3, because it has no potential to have a significant effect on the
environment and the exceptions this this exemption do not apply; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2020-130 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject property is in the R-2 Coastal Zoning District, which provides for single-
or two-unit residential development and is consistent with the City’s Coastal Land
Use Plan, General Plan, and Zoning Code. A coastal development permit is required
and the property is not eligible for a waiver for de minimis development because the
property is located in the Coastal Commission Appeal Area.
The property currently consists of one legal lot developed with a duplex. Since the
existingduplex would be demolishedfor the construction ofa single-family residence,
density on site would be reduced by one unit. Recent changes to State law
temporarily prohibiting reduction of residential density under SB330 do not apply in
this case. A letter from the California Department of Housing and Community
Development dated July 31, 2020, clarified to the City that single-family
developments do not meet the definition of a “housing development” as described in
Government Code section 66300, subdivision (a)(6). As mentioned, the development
of a single-family residential development at the site is compatible with City plans and
Codes, including the City’s certified Local Coastal Program.
The neighborhood is developed with a range of one, two and three-story, single-
family residences and duplexes. The proposed design, bulk, and scale of the
development is consistent with the existing neighborhood pattern of development
consistent with applicable development standards.
The proposed single-family residence and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1 below.
Table 1 –Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front 7 feet 7 feet
Sides 3 feet 3 feet
Rear 5 feet 5 feet
Allowable Floor Area (max.)3,154 square feet 3,066 square feet
Allowable 3rd Floor Area (max.)315 square feet 314 square feet
Open Space (min.)237 square feet 237 square feet
Parking (min.)2-car garage 2-car garage
Height (max.)24 feet flat roof
29 feet sloped roof
24 feet flat roof
29 feet sloped roof
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Hazards
The development fronts the Newport Bay, and is separated from the shoreline by
a public boardwalk and City-owned Bulkhead.
The finish floor elevation of the proposed single-family residence is 9.25 feet based
on the North American Vertical Datum of 1988 (NAVD88), which complies with the
minimum 9 feet (NAVD88) elevation standard.
A Coastal Hazards Report and Sea Level Rise Analysis was prepared by
GeoSoils, Inc. dated July 21, 2020, for the project. The subject site is protected
from the bay by a City-owned bulkhead, which reaches a height of approximately
8.6 feet (NAVD88). The bulkhead that protects the property is part of a larger
bulkhead system, which surrounds sections of the peninsula. No changes to the
bulkhead are proposed or authorized. The current maximum bay water elevation
is 7.7 feet (NAVD88). The report analyzes future sea level rise scenarios assuming
a 2.9-foot increase in the maximum water level over the next 75 years (i.e. the life
of the structure). Therefore, the sea level is estimated to reach approximately
10.65 feet (NAVD88) - (the likely range for sea level rise over 75-year design life
of the structure based on low risk aversion estimates for sea level rise provided by
the State of California, Sea Level Rise Guidance: 2018 Update). However, the
bulkhead is not privately owned and the property owner does not have the ability
to raise the City-owned bulkhead. Therefore, a waterproofing curb is proposed to
be constructed around the perimeter of the dwelling that would protect against
flooding up to an elevation of 10.65 feet (NAVD88). Flood shields (sand bags and
other barriers) can be deployed across the openings to protect and prevent
flooding to the structure. The report concludes that the proposed project will be
safe from flooding hazards for the next 75 years with the flood protection curb. The
project has been conditioned to require the proposed waterproofing curb.
Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv),
the property owner will be required to enter into an agreement with the City waiving
any potential right to protection to address situations in the future in which the
development is threatened with damage or destruction by coastal hazards (e.g.,
waves, erosion, and sea level rise). The property owner will also be required to
acknowledge any hazards present at the site and unconditionally waive any claim to
damage or liability against the decision authority, consistent with NBMC Section
21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will
need to be satisfied prior to final building inspection, and prior to the issuance of
building permits, respectively.
The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code
(CBC) and Building Division standards and policies. Geotechnical investigations
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specifically addressing liquefaction are required to be reviewed and approved prior
to the issuance of a building permit. Permit issuance is also contingent on the
inclusion of design mitigation identified in the investigations. Construction plans are
reviewed for compliance with approved investigations and CBC prior to building
permit issuance.
Water Quality
The property is located adjacent to coastal waters. Pursuant to Section 21.35.030
(Construction Pollution Prevention Plan) of the NBMC, a Construction Pollution
Prevention Plan (CPPP) is required to implement temporary Best Management
Practices (BMPs) during construction to minimize erosion and sedimentation and to
minimize pollution of runoff and coastal waters derived from construction chemicals
and materials. A CPPP has been provided and construction plans and activities will
be required to adhere to the CPPP.
Pursuant to Section 21.35.050 of the NBMC, due to the proximity of the development
to the shoreline and the development containing more than 75 percent of impervious
surface area, a Water Quality and Hydrology Plan (WQHP) is required. A preliminary
WQHP was prepared for the project by Thomas M. Ruiz, Civil Engineer on July 29,
2020. The WQHP includes a polluted runoff and hydrologic site characterization, a
sizing standard for BMPs, use of a low-impact-development (LID) approach to retain
the design storm runoff volume on site, and documentation of the expected
effectiveness of the proposed BMPs.
Public Access
The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public access
bear a reasonable relationship between the requirement and the project’s impact,
and be proportional to the impact. In this case, the project replaces an existing duplex
located on standard R-2 lot with a new single-family residence. Therefore, the project
does not involve a change in land use, density or intensity that will result in increased
demand on public access and recreation opportunities. Furthermore, the project is
designed and sited (appropriate height, setbacks, etc.) so as not to block or impede
existing public access opportunities.
Vertical access to the bay is available at the ends of the block, along Cypress Street
and Adams Street. Lateral access is available adjacent to the subject property, along
the existing public boardwalk. There is a pedestrian walkway easement along the
boardwalk to ensure public access, as decided by California Superior Court Case
169606. The project does not include any features that would obstruct access along
these routes and no construction is proposed bayward of the subject property.
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Condition of Approval No. 5 prohibits storage of demolition or construction materials
on public property.
The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint at Peninsula Park is not visible from the site. The site is located adjacent
to Edgewater Place (boardwalk), which is accessible to the public and provides some
opportunities to view the bay. As currently developed, the existing property and other
residences along Edgewater Place are located within the view shed of the bay.
However, the proposed single-family residence complies with all applicable Local
Coastal Program (LCP) development standards and maintains a building envelope
consistent with the existing neighborhood pattern of development.
The project does not have the potential to degrade the visual quality of the Coastal
Zone or result in significant adverse impacts to existing public views. The front of the
proposed residence, which is visible from Edgewater Place, contains architectural
treatments and visual interest in keeping with the design guidelines of the Zoning
Code. Fronting the bay, the project’s covered decks on the first and second levels
separate the proposed dwelling from the setback approximately 5 feet, helping to
relieve massing from the boardwalk. Stone veneer, stainless steel, and cedar
features accent large floor-to-ceiling glass door systems to form an integrated
design consistent with the surrounding development.
Correspondence Received
Prior to finalizingthis staff report,the City receiveda written comment fromaneighbor
of the site that stated opposition to
This comment is available in full as Attachment No. ZA 3.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 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 and the exceptions to this
exemption do not apply.
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 a duplex and the construction of a new 2,591-square-foot single-family
residence with an attached 475-square-foot two-car garage.
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
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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. At the time the application was submitted, a Notice of
Filing was posted to the site by the Applicant in accordance with Title 21 requirements.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan) of the NBMC. 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:
BMZ/pda
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Public Comment
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2020-130 TO DEMOLISH AN
EXISTING DUPLEX AND CONSTRUCT A NEW THREE-STORY
SINGLE-FAMILY RESIDENCE WITH ATTACHED 2-CAR
GARAGE LOCATED AT 413 AND 413 ½ EDGEWATER PLACE
(PA2020-215)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by William Guidero (Applicant), with respect to property located
at 413 and 413 ½ Edgewater Place, requesting approval of a coastal development permit.
2. The lot at 413 and 413 ½ Edgewater Place is legally described as Lot 8 of Block 2 of the
Balboa Bayside Tract.
3. The Applicant requests a coastal development permit to allow the demolition of an
existing duplex and the construction of a new three-story, 2,591-square-foot single-
family residence with an attached 475-square-foot two-car garage. No work is proposed
to the adjacent public boardwalk or City-owned bulkhead. The project design complies
with all development standards and includes hardscape, patios, site walls, drainage
devices, and landscaping.
4. The subject property is designated RT (Two Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two-Unit Residential) Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-E (Two Unit Residential – 30.0 – 39.9 DU/AC) and it is located within the
R-2 (Two-Unit Residential) Coastal Zoning District.
6. A public hearing was held online on October 15, 2020, observing restrictions due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19. A notice of time, place and purpose of the hearing was given in accordance
with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was
presented to, and considered by, the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures), because it has no potential to have a significant effect
on the environment.
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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 a duplex and the construction of a new 2,591-square-foot single-family
residence and attached 475-square-foot two-car garage.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 3,154 square feet and the proposed floor area
is 3,066 square feet.
b. The proposed development provides the minimum required setbacks, which are 7
feet along the front property line abutting Edgewater Place, 3feet along each side
property line and five feet along the rear property line abutting the alley.
c. The highest guardrail is less than 24 feet from established grade (9.25 foot 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 two vehicles, complying with the
minimum two-car garage parking requirement for single-family residences with less
than 4,000 square feet of habitable floor area.
2. Since the existing duplex would be demolished for the construction of a single-family
residence, density on site would be reduced by one unit. Recent changes to State law
temporarily prohibiting reduction of residential density under SB330 do not apply in this case.
A letter from the California Department of Housing and Community Development dated July
31, 2020, clarified to the City that single-family developments do not meet the definition of a
“housing development” as described in Government Code section 66300, subdivision (a)(6).
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The development of a single-family residential development at the site is compatible with
City plans and Codes, including the City’s certified Local Coastal Program.
3. The neighborhood is developed with one, two- and three-story, single-family and two-unit
residences. The proposed design, bulk, and scale of the development is consistent with
the existing neighborhood pattern of development.
4. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils, Inc.
dated July 21, 2020, for the project. The subject site is protected from the bay by a City-
owned bulkhead, which reaches a height of approximately 8.6 feet (NAVD88). The
bulkhead that protects the property is part of a larger bulkhead system, which surrounds
sections of the peninsula. No changes to the bulkhead are proposed. The current
maximum bay water elevation is 7.7 feet (NAVD88). The report analyzes future sea level
rise scenarios assuming a 2.9-foot increase in the maximum water level over the next 75
years (i.e. the life of the structure). Therefore, the sea level is estimated to reach
approximately 10.65 feet (NAVD88) - (the likely range for sea level rise over 75-year
design life of the structure based on low risk aversion estimates for sea level rise provided
by the State of California, Sea Level Rise Guidance: 2018 Update). However, the
bulkhead is not privately owned and the property owner does not have the ability to raise
the City-owned bulkhead. Therefore, a waterproofing curb is proposed to be constructed
around the perimeter of the dwelling that would protect against flooding up to an elevation
of 10.65 feet (NAVD88). Flood shields (sand bags and other barriers) can be deployed
across the openings to protect and prevent flooding to the structure. The report concludes
that the proposed project will be safe from flooding hazards for the next 75 years with the
flood protection curb. The project has been conditioned to require the proposed
waterproofing curb.
5. The finish floor elevation of the proposed single-family residence is 9.25 feet (NAVD88),
which complies with the minimum 9 feet (NAVD88) elevation standard. The Coastal Hazard
Report concludes that the bay water elevation (currently 7.7 feet NAVD88) will not exceed
the proposed flood protection curb around the single-family residence at 10.65 feet
(NAVD88) for the anticipated 75-year life of the structure.
6. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to enter
into an agreement with the City waiving any potential right to protection to address situations
in the future in which the development is threatened with damage or destruction by coastal
hazards (e.g., waves, erosion, and sea level rise). The property owner will also be required
to acknowledge any hazards present at the site and unconditionally waive any claim to
damage or liability against the decision authority, consistent with NBMC Section
21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will need
to be satisfied prior to final building inspection, and prior to the issuance of building permits,
respectively.
7. The property is located in an area known for the potential of seismic activity and liquefaction.
All projects are required to comply with the California Building Code (CBC) and Building
Division standards and policies. Geotechnical investigations specifically 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
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the investigations. Construction plans are reviewed for compliance with approved
investigations and CBC prior to building permit issuance.
8. The property is adjacent to coastal waters. A Construction Erosion Control Plan was provided
to implement temporary Best Management Practices (BMPs) during construction to minimize
erosion and sedimentation and to minimize pollution of runoff and coastal waters derived by
construction chemicals and materials. The project design also addresses water quality
through the inclusion of a post construction drainage system that includes drainage and
percolation features designed to retain dry weather and minor rain event runoff onsite. Any
water not retained onsite is directed to the City’s storm drain system.
9. Pursuant to Section 21.35.050 of the NBMC, due to the proximity of the development to the
shoreline and the development containing more than 75 percent of impervious surface area,
a Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP has been
prepared for the project by Thomas M. Ruiz, Civil Engineer, on July 29, 2020. The WQHP
includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs,
use of a LID approach to retain the design storm runoff volume on site, and documentation
of the expected effectiveness of the proposed BMPs.
10.Proposed landscaping will comply with Implementation Plan Section 21.30.075. A
condition of approval is included that requires drought-tolerant species. Prior to issuance
of building permits, the final landscape plans will be reviewed to verify invasive species are
not planted.
11.The project site is not located adjacent to a coastal view road, public access way, or Coastal
Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is in
Peninsula Park and is not visible from the site. The site is located adjacent to Edgewater
Place (boardwalk), which is accessible to the public and provides some opportunities to view
the bay. As currently developed, the existing property and other residences along Edgewater
Place are located within the view shed of the bay. However, the proposed single-family
residence complies with all applicable Local Coastal Program (LCP) development standards
and maintains a building envelope consistent with the existing neighborhood pattern of
development. Additionally, the project does not contain any unique features that could
degrade the visual quality of the coastal zone.
12.The project does not have the potential to degrade the visual quality of the Coastal Zone or
result in significant adverse impacts to existing public views. The front of the proposed
residence, which is visible from Edgewater Place, contains architectural treatments and
visual interest in keeping with the design guidelines of the Zoning Code. Fronting the bay,
the project’s covered decks on the first and second levels separate the proposed dwelling
from the setback approximately five feet, helping to relieve massing from the boardwalk.
Stone veneer, stainless steel, and cedar features accent large floor-to-ceiling glass door
systems to form an integrated design consistent with the surrounding development.
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Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone .
Fact in Support of Finding:
1. The project site islocated between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public
access bear a reasonable relationship between the requirement and the project’s
impact, and be proportional to the impact. In this case, the project replaces an
existing duplex located on standard R-2 lot with a new single-family residence.
Therefore, the project does not involve a change in land use, density or intensity
that will result in increased demand on public access and recreation opportunities.
Furthermore, the project is designed and sited (appropriate height, setbacks, etc.)
so as not to block or impede existing public access opportunities.
2. Vertical access to the bay is available at the ends of the block, along Cypress
Street and Adams Street. Lateral access is available adjacent to the subject
property, along the existing public boardwalk. There is a pedestrian walkway
easement along the boardwalk to ensure public access, as decided by California
Superior Court Case 169606. The project does not include any features that
would obstruct access along these routes and no construction is proposed
bayward of the subject property.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment and the exceptions to this
exemption do not apply.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No.CD2020-130,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
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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 15
TH DAY OF OCTOBER, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2.Prior to issuance of building permits, the project plans shall be updated to reflect that a
waterproofing curb will be constructed around the proposed residence as an adaptive
flood protection device up to 10.65 feet (NAVD88). Flood shields (sand bags and other
barriers) can be deployed across the openings to protect prevent flooding to the
structure.
3. 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.
4. Prior to the issuance of a building permit, the property owner shall submit a notarized
and 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. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
wetlands or their buffers. No demolition or construction materials shall be stored on
public property.
6. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
7. This Coastal Development Permit does not authorize any development seaward of the
private property.
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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
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of Native Birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
9. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
10. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
11. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stockpiles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
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.
15
Zoning Administrator Resolution No. ZA2020-###
Page 9 of 10
07-02-19
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 building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
18. Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building
Division.
19. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
20. Prior to issuance of a building permit, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Coastal
Development file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict
the elements approved by this Coastal Development Permit.
21. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
approved CPPP and WQHP/WQMP and any changes could require separate review
and approval by the Building Division.
22. Prior to the issuance of building permits, the applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought tolerant plantings, non-invasive
plant species and water efficient irrigation design. The plans shall be approved by the
Planning Division.
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. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
25. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
16
Zoning Administrator Resolution No. ZA2020-###
Page 10 of 10
07-02-19
26. This Coastal Development Permit No. CD2020-130shall expire unless exercised within 24
months from the date of approval as specified in Section 21.54.060 (Time Limits and
Extensions) of the NBMC, unless an extension is otherwise granted.
27. 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 Collins Residence including, but not limited to, Coastal Development Permit
No. CD2020-130 (PA2020-215). This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees,
and damages, which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
Public Works
28. The existing public walkway along Edgewater Place shall be maintained.
29. Any damaged sidewalk, alley, or bulkhead shall be repaired. Extent of repair shall be per
Public Works Inspector and Community Development Director.
17
07/25/19
Attachment No. ZA 2
Vicinity Map
18
07/25/19
VICINITY MAP
Coastal Development Permit No. CD2020-130
PA2020-215
413 and 413 ½ Edgewater Place
Subject Property
Subject Property
19
07/25/19
Attachment No. ZA 3
Public Comment
20
From: Susan Upson <mupson45@yahoo.com>
Sent: Tuesday, October 06, 2020 12:09 PM
To: CDD <CDD@newportbeachca.gov>
Subject: 413-413 1/2 Edgewater Place
As a property owner within the area surrounding the property above, I would like to go on record as being
opposed to a three story residence replacing a two story residence in our neighborhood. A teardown and
remodel to a two story level, within the guidelines of the Coastal Commission and the City of Newport
Beach as they presently stand is acceptable to me.
Susan Langlie Upson
310 Fernando St #208
Balboa, CA 92661
21
Tmplt: 07/25/19
Attachment No. ZA 3
Project Plans
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