HomeMy WebLinkAbout20190530_Staff Report03/13/2018
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 30, 2019
Agenda Item No. 5
SUBJECT: Martin Residence (PA2019-039)
Coastal Development Permit No. CD2019-008
SITE LOCATION: 18 Balboa Coves
APPLICANT: Bradford C. Smith Architect
OWNER: Mr. and Mrs. Greg Martin
PLANNER: Patrick Achis, Planning Technician
949-644-3237, pachis@newportbeachca.gov
LAND USE AND ZONING
•General Plan: RS-D (Single-Unit Residential Detached)
•Zoning District : R-1 (Single-Unit Residential)
•Coastal Land Use Category: RSD-A (Single-Unit Residential Detached) (0.0 – 5.9
DU/AC)
•Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A coastal development permit to allow the demolition of an existing single-family
residence and the construction of a new three-story, 5,373-square-foot, single-family
residence, including three-car garage parking. 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.
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), 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. CD2019-008 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
• The subject property is located in the R-1 Coastal Zoning District, which provides for
single-unit residential development and is consistent with the City’s Coastal Land
Use Plan, General Plan, and Zoning Code. A coastal development permit is required
and the property is not eligible for a waiver for de minimis development because the
property is located in the Coastal Commission Appeal Area.
• The property currently consists of one legal lot developed with a single-family
residence. The neighborhood is predominantly developed with two-story, single-
family residences; however, scattered one- and three-story residences also exist
in the area. 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.
• The proposed single-family dwelling and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1 below.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (minimum)
Front (Street) 5 feet 12 feet
Front (Water) 15 feet 15 feet
Sides 4 feet 4 feet
Allowable Floor Area 7,558 square feet (maximum) 5,373 square feet
Allowable 3rd Floor Area 567 square feet 471 square feet
Open Space (minimum) 567 square feet 2,469 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
• The development is a private parcel that fronts a cove adjacent to a small channel
in the northwest corner of Newport Bay. The project site is protected by an existing
concrete bulkhead with the top of the bulkhead elevation of 11.42 feet North
American Vertical Datum of 1988 (NAVD88). A Coastal Hazards and Bulkhead
Condition Report were prepared by GeoSoils, Inc., dated May 3, 2019, for the
project. The report concludes that the current shoreline will remain at the shore
protection and shoreline erosion will not impact the proposed development over the
life of the development. The report also concludes that the project will be
reasonably safe from future sea level rise. The estimates assume an approximate
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2.9-foot increase from sea level rise over the next 75 years (i.e. the life of the
structure). The maximum water elevation is 7.7 NAVD88, therefore the future sea
level is estimated to reach approximately 10.6 feet NAVD88 (the likely range for
sea level rise over 75-year design life of the structure based on low risk aversion
estimates for sea level rise provided by the State of California, Sea Level Rise
Guidance: 2018 Update). The finished floor elevation of the first floor of the
proposed structure is 12.0 feet NAVD88, which complies with the minimum 9.0-
foot (NAVD88) elevation standard for new structures and exceeds the minimum
requirements for future sea level rise (10.6 feet NAVD88). The GeoSoils study
identifies that the condition of the existing bulkhead is adequate to protect the
proposed development from any existing or anticipated future coastal hazards for the
next 75 years or more. The study additionally concludes the proposed development
is reasonably safe from coastal hazards for the next 75 years, including shoreline
movement, waves and wave run-up, and flooding with future sea level rise.
• 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 the issuance
of building permits for construction.
• The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code
(CBC) and Building Division standards and policies. Geotechnical investigations
specifically addressing liquefaction are required to be reviewed and approved prior
to the issuance of a building permit. Permit issuance is also contingent on the
inclusion of design mitigation identified in the investigations. Construction plans are
reviewed for compliance with approved investigations and CBC prior to building
permit issuance.
Water Quality
• The development, as proposed and as conditioned, incorporates design features
to minimize the effect of construction and post-construction activities on the marine
environment. These design features include, but are not limited to, one or more of
the following: the appropriate management of equipment and construction
materials, reducing runoff with permeable surfaces, and the use of post-
construction best management practices to minimize the project’s adverse impact
on coastal water.
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• Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan),
due to the proximity of the development to the shoreline and the development
containing more than 75 percent of impervious surface area, a Water Quality and
Hydrology Plan (WQHP) is required. The WQHP includes 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. Construction plans will be reviewed for compliance with the
approved WQHP prior to building permit issuance.
• The project design addresses water quality with a construction erosion control plan
and a post construction drainage system that includes drainage and percolation
features designed to retain dry weather runoff and minor rain event runoff on-site.
Any water not retained on-site is directed to the City’s storm drain system.
Public Access and Views
• 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. Implementation Plan Section
21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the
provision of public access bear a reasonable relationship between the requirement
and the project’s impact and be proportional to the impact. In this case, the project
replaces an existing single-family residence 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.
• The project site is located within the existing gated community of Balboa Coves and
does not provide nor inhibit public coastal access opportunities. The project is
designed and sited so as not block or impede existing public access opportunities
and occurs within the confines of private property. Existing coastal access conditions
will not be affected by the project. The nearest coastal access opportunity is currently
provided by Channel Place Park, approximately 600 feet away from the subject site.
• The closest public viewpoints are located at Channel Place Park and Sunset View
Park, approximately 500 and 600 feet away from the subject site respectively. 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.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
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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.
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 5,373-square-
foot single-family residence.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
JM/pa
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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03/13/2018
Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2019-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2019-008 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE WITH THREE-CAR GARAGE
PARKING LOCATED AT 18 BALBOA COVES (PA2019-039)
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, with respect to property located
at 18 Balboa Coves, requesting approval of a coastal development permit.
2. The lot at 18 Balboa Coves is legally described as Lot 18 of Tract 1011.
3. The applicant proposes a coastal development permit to allow the demolition of an existing
single-family residence and the construction of a new three-story, 5,373-square-foot,
single-family residence, including three-car garage parking. 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-A) (0.0 – 5.9 DU/AC) and it is located
within the Single-Unit Residential (R-1) Coastal Zone District.
6. A public hearing was held on May 30, 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.
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 one single-family residence and the construction of a new 5,373-square-
foot single-family residence. 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 Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 7,558 square feet and the proposed floor area
is 5,373 square feet.
b. The proposed development provides or exceeds the minimum required setbacks,
which are 15 feet along the front property line abutting Newport Bay, 4 feet along
each side property line and 5 feet along the second frontage abutting Balboa
Coves.
c. The highest guardrail is 24 feet from established grade (11.47 feet North
American Vertical Datum of 1988) 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 habitable floor area.
2. The neighborhood is predominantly developed with two-story, single-family residences;
however, scattered one- and three-story residences also exist in the area. The proposed
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design, bulk, and scale of the development is consistent with the existing neighborhood
pattern of development and expected future development.
3. The development is a private parcel that fronts a cove adjacent to a small channel in the
northwest corner of Newport Bay. The project site is protected by an existing concrete
bulkhead with the top of the bulkhead elevation of 11.42 feet North American Vertical
Datum of 1988 (NAVD88). A Coastal Hazards and Bulkhead Condition Report were
prepared by GeoSoils, Inc., dated May 3, 2019, for the project. The report concludes that
the current shoreline will remain at the shore protection and shoreline erosion will not
impact the proposed development over the life of the development. The report also
concludes that the project will be reasonably safe from future sea level rise. The
estimates assume an approximate 2.9-foot increase from sea level rise over the next 75
years (i.e. the life of the structure). The maximum water elevation is 7.7 feet NAVD88,
therefore the future sea level is estimated to reach approximately 10.6 feet NAVD88 (the
likely range for sea level rise over 75-year design life of the structure based on low risk
aversion estimates for sea level rise provided by the State of California, Sea Level Rise
Guidance: 2018 Update). The finished floor elevation of the first floor of the proposed
structure is 12.0 feet NAVD88, which complies with the minimum 9.0-foot (NAVD88)
elevation standard for new structures and exceeds the minimum requirements for future
sea level rise (10.6 feet NAVD88). The GeoSoils study identifies that the condition of the
existing bulkhead is adequate to protect the proposed development from any existing or
anticipated future coastal hazards for the next 75 years or more. The study additionally
concludes the proposed development is reasonably safe from coastal hazards for the next
75 years, including shoreline movement, waves and wave run-up, and flooding with future
sea level rise.
4. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to
enter into an agreement with the City waiving any potential right to protection to address
situations in the future in which the development is threatened with damage or destruction
by coastal hazards (e.g., waves, erosion, and sea level rise). The property owner will also
be required to acknowledge any hazards present at the site and unconditionally waive any
claim to damage or liability against the decision authority, consistent with NBMC Section
21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will need
to be satisfied prior to the issuance of building permits for construction.
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 (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.
6. The property is located adjacent to coastal waters. A Construction Erosion Control Plan
was provided to implement temporary Best Management Practices (BMPs) during
construction to minimize erosion and sedimentation and to minimize pollution of runoff and
coastal waters derived by construction chemicals and materials. The project design also
addresses water quality through the inclusion of a post-construction drainage system that
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includes drainage and percolation features designed to retain dry weather and minor rain
event runoff on-site. Any water not retained on-site is directed to the City’s storm drain
system.
7. Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), due
to the proximity of the development to the shoreline and the development containing more
than 75 percent of impervious surface area, a preliminary Water Quality and Hydrology
Plan (WQHP) has been provided and will undergo a final review during building permit plan
check. The WQHP was prepared for the project by Forkert Engineering & Surveying, Inc.
on April 18, 2019. The WQHP includes a polluted runoff and hydrologic site
characterization, a sizing standard for 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. Construction plans will be reviewed for
compliance with the approved WQHP prior to building permit issuance.
8. Proposed landscaping complies with Implementation Plan Section 21.30.075. A
condition of approval is included that requires drought-tolerant species. Prior to issuance
of building permits, the final landscape plans will be reviewed to verify invasive species
are not planted.
9. The property is not located near designated public viewpoints or coastal view roads. The
nearest public viewpoints are located at Channel Place Park and Sunset View Park,
approximately 500 and 600 feet away from the subject site, respectively. 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 Local Coastal Program
(LCP) 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.
10.
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 project is sited within the existing gated community
of Balboa Coves that does not provide public coastal access opportunities. The proposed
replacement of the existing single-family residence with a new single-family residence
does not does include any features that would provide or inhibit coastal public access
opportunities. .
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2. Vertical access to the bay front is available approximately 500 feet west of the site at
Channel Place Park where there is a small public beach with access to the water.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2019-008, subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 21 Local
Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations,
Sections 13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF MAY, 2019.
_____________________________________
Patrick J. Alford, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. Prior to final building permit inspection, an agreement in a form approved by the City
Attorney between the property owner and the City shall be executed and recorded
waiving rights to the construction of future shoreline protection devices including the
repair and maintenance, enhancement, reinforcement, or any other activity affecting the
bulkhead, that results in any encroachment seaward of the authorized footprint of the
bulkhead or other shoreline protective device. The agreement shall be binding against
the property owners and successors and assigns.
3. Prior to the issuance of a building permit, the property owner shall submit a notarized
signed letter acknowledging all hazards present at the site, assuming the risk of injury
or damage from such hazards, unconditionally waiving any claims of damage against
the City from such hazards, and to indemnify and hold harmless City, its City Council, its
boards and commissions, officials, officers, employees, and agents from and against any
and all claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including without limitation,
attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which
may arise from or in any manner relate (directly or indirectly) to City’s approval of
development.
4. 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.
5. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
6. 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.
7. 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.
8. 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
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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.
9. 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.
10. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
11. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
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19. 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.
20. 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
21. The applicant is responsible for compliance with the Migratory Bird Treaty Act. In
compliance with the (MBTA), grading, brush removal, building demolition, tree trimming,
and similar construction activities shall occur between August 16 and January 31,
outside of the peak nesting period. If such activities must occur inside the peak nesting
season from February 1 to August 15, compliance with the following is required to
prevent the taking of Native Birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
22. 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.
23. 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.
24. This Coastal Development Permit No. CD2019-008 shall expire unless exercised within 24
months from the date of approval as specified in Section 21.54.060 (Time Limits and
Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
25. 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
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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 Martin Residence including, but not limited to, Coastal Development Permit
No. CD2019-008 (PA2019-039). This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees,
and damages, which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
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Attachment No. ZA 2
Vicinity Map
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03/13/2018
VICINITY MAP
Coastal Development Permit No. CD2019-008
PA2019-039
18 Balboa Coves
Subject Property
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03/13/2018
Attachment No. ZA 3
Project Plans
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Item 5. Martin Residence Coastal Development Permit No. CD2019-008
In considering consistency with the LCP, it seems relevant that the proposal to construct a single
residence on a 6,994 square foot (0.16 acre) lot creates a density of 6.2 dwelling units per acre.
Unless I have miscalculated, this is slightly inconsistent within the density range of 0-5.9 DU/AC
required by the CLUP for the RSD-A land use designation (as quoted on page 1 of the staff
report and in Section 1.5 of the resolution).
The staff report contains statements about Public Access and Views (page 4), that do not seem
to have been fully incorporated into the resolution (page 10). In addition, handwritten page 10
includes a label for a “Fact 10” (following “9”), but no Fact 10, and the Fact 1 at the bottom of the
page contains at least one typo: “The proposed replacement of the existing single-family
residence with a new single-family residence does not does include any features that would
provide or inhibit coastal public access opportunities. .” The missing sentence after “10” (?) and
the extra period at the end of “1” suggest the resolution may have been printed before it was in
final form.
Item 7. Argent LLC Lot Merger No. LM2018-006 (PA2018-261)
I believe some of the comments I submitted when this matter was first heard on April 25, 2019,
remain relevant.
It is good to see the distance indicated from the front property line on the unnamed alley to the
bulkhead is now close to that shown in the City’s GIS mapping.
It remains a bit disturbing that the bearings do not agree (the submitted parcel maps showing a
perfectly north-south and east-west orientation, where other sources, including the City’s GIS,
show the lines to be significantly rotated).
It also continues to be disturbing that the proposed action takes two lots consistent with the
CLUP’s RSD-B land use designation and makes of them a single lot with that designation, but on
which the density of development attained by a single home, 3.8 DU/AC, will fall far outside the
allowable range of 6.0-9.9 DU/AC.
Most importantly, despite the assurances in the resolution that “the front setback and
associated buildable area will continue to be measured from the abandoned right-of-way
line,” I see no condition to ensure that will, in fact, be the case. And it is contrary to my
impression that mergers change setbacks. Indeed, I would assume the reason for the present
merger is to allow structures to be built over that very line. The sentence following the previously-
quoted one in Fact E.3 in the resolution (page A9) says as much. Doesn’t the approval need to
be conditioned on the “front” setback continuing to be measured from the landward edge
of the abandoned Bay Avenue right-of-way (making the entire area bayward of that a front
setback area)?
Zoning Administrator - May 30, 2019
Item Nos. 1a, 2a, 3a, 4b, 5a, 7a - ADDITIONAL MATERIALS RECEIVED