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Home My WebLink AboutCoastal_Commission_Appeal GAVIN NEWSOM,GOVFRNOR STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY TAL COMMISSION ...... CALIFORNIA COAS SOUTH COAST DISTRICT OFFICE 301 E.OCEAN BLVD.,SUITE 300 LONG BEACH,CALIFORNIA 908024830 (562)590-3071 FAX(362)590-5084 WWW.COASTAL.CA.GOV ComMISSION NOTIFICATION OF APPEAL July22, 2019 To: Liane Schuller City of Newport Beach 100 Civic Center Drive Newport Beach,CA 92660 From: Zach Rehm, District Supervisor Re: - commission Appeal No. A-5-NPB-19-0155 Please be advised that the coastal development permit decision described below has been appealed to the California Coastal commission pursuant to Public Resources Code Sections 30603 and 30625. Therefore,the decision has been stayed pending Commission action on the appeal pursuant to the Public Rcsources Code Section 30623. LOCAL PERMIT#: CD2019-016 APPLICANT(S): Brandon Architects,on behalf of South Bayfront Waterpointe, LLC DESCRIPTION: Subdivision of 5,180 sq. ft. residential bay- fronting parcel into two residential parcels; and construction of 2,724 sq. ft. single family home,464 sq. ft. 2-car garage, accessory structures, and landscaping on one of the parcels. LOCATION: 400 Bay Front 5,Newport Beach, Ca 92662 (APN: 050-043-13) LOCAL DECISION: Approval with Special Conditions APPELLANT(S): Commissioner Donne Brownsey&Commissioner Linda Escalante DATE APPEAL FILED: 07/17/2019 The Commission appeal number assigned to this appeal is A-5-NPB-19-0155.The Commission hearing date has not been scheduled at this time. Within 5 working days of receipt of this Commission Notification of Appeal,copies of all relevant documents and materials used in the City of Newport Beach's consideration of this coastal development permit must be delivered to the South Coast District Office of the Coastal Commission(California Administrative Code Section 13112). Please include copies of plans,relevant photographs, staff reports and related documents, findings(if not already forwarded), all correspondence, and a list, with addresses, of all who provided verbal testimony. RECEIVED South cocAt R60011 STATE OF CALIFORNIA--THE RESOURCES AGENCI Vi W 6 GAVIN NEWSOM, GOvOrnOr CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE CALIFORNIA 301 E.OCEAN BLVD.,SUITE 300 COASTAL commISSION LONG BEACH,CA 90802-4418 VOICE (562)590-5071 FAX(562)590-5084 APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMFNT please Review Attached Appeal information Sheet Prior To Completing This Form. SECTION 1. �,.Ppellant(s) Name: Commissioners Donne Brownsey and Linda Escalante Mailing Address: 45 Fremont Street, Suite 1970 City San Francisco, CA /1P Code 94105 Plione (415) 904-5200 SECTION 11. Decision Being Appealed I. Name of local/port government: City of Newport Beach 2. Brief description of development being appealed: Demolition of a home on a 5,180 sq. ft. parcel; subdivision of said parcel into two roughly equal sized parcels; and construction of a 2,659 sq. ft. home on one of the new parcels (second new parcel to remain vacant) 3. Development's location (street address, assessor's parcel no., cross street, etc.): 400 Bay Front South, Newport Beach, CA 92662 (APN 050-043-13) 4. Description of decision being appealed (check one.): Approval; no special conditions Approval with special conditions: Denial Note: For jurisdictions with a total LCP, denial decisions by a local government cannot be appealed unless the development is a major energy or public works project. Denial decisions by port governments are not appealable. TO BE COMPLETED BY COMMISSION: -4 - APPEAL NO: DATE FILED: DISTRICT: APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT (Page 2) 5. Decision being appealed was made by (check one): M Planning Director/Zoning Administrator F1 City Council/Board of Supervisors F1 Planning Commission F-1 Other 6. Date of local government's decision- June 13, 2019 7. Local government's file number(if any): CD2019-016 SECTION Ill. Identification of Other Interested Persons Give the names and addresses of the following parties. (Use additional paper as necessary.) a. Name and mailing address of permit applicant: South Bayfront Waterpointe LLC, attn: Brandon Architects 151 Kalmus Drive Costa Mesa, CA 92626 b. Names and mailing addresses as available of those who testified (either verbally or in writing) at the city/county/port hearing(s). Include other parties which you know to be interested and should receive notice of this appeal. (2) (3) (4) M"Wrop V raw South Coast Region JUL 1 7 2019 SECTION IV. lZeasons s111)1)orting.,.This kpt)eal CALIFORNIA COASTAL COMMISSION The City's decision to issue this coastal development permit raises the following issues: The bay-fronting parcel is identified by COSMOS and other sea level rise viewer tools as subject to flooding with just 1.6 feet of sea level rise. The Newport Beach LCP (Land Use Plan pp. 2-57 and 2-58) references potential erosion and inundation of oceanfront and bayfront property in the City associated with various sea level rise scenarios (generally low estimates of 15 centimeters— 1 meter). The best available science, including the Ocean Protection Council's Rising Seas in California: An Update on Seo-Level Rise Science and the Coastal Commission's 2018 Sea Level Rise Policy Guidance Update, recommend making long term planning decisions based on a broader range of sea level rise scenarios, with high risk scenarios in excess of the 1 meter referenced in the City's LCP. The Newport Beach Land Use Plan (LUP) contains multiple policies requiring new development to minimize risks associated with hazards, and sea level rise specifically: • 2.8.1-2. Design and site new development to avoid hazardous areas and minimize risks to life and property from coastal and other hazards. • 2.8.1-3. Design land divisions, including lot line adjustments, to avoid hazardous areas and minimize risks to life and property from coastal and other hazards. • 2.8.6-7. Discourage shoreline protective devices on public land to protect private property/development. Site and design any such protective devices as far landward as possible. Such protective devices may be considered only after hazard avoidance, restoration of the sand supply, beach nourishment and planned retreat are exhausted as possible alternatives. The Newport Beach Implementation Plan (LIP) contains a policy specific to subdivisions in hazardous areas: 21.30.025. Proposed subdivisions shall be designed to avoid current hazardous areas, as well as areas that may become hazardous due to future changes, such as from sea level rise, and minimize risks to life and property from coastal and other hazards. No division of land near the shoreline, including along the shoreline and bluffs, and including abutting the ocean, bays, lagoons, and other coastal water bodies, unless the new or reconfigured parcels can be developed safe from geologic and other hazards for a minimum of seventy-five (75) years, and unless shoreline protective devices are prohibited to protect development on the resultant parcels. The City's findings in approving the subject CDP do not reference the LUP policies on land divisions in hazardous areas or the discouragement of shoreline protective devices on public land to protect private property/development. The findings do not reference the IP policy specifically prohibiting subdivisions in hazardous areas. The proposal to complete a subdivision and create a new parcel in a hazardous area is not consistent with LUP Policy 2.8.1-3 or LIP Policy 21.30.025. RECEIVED South Coast Region JUL 1 7 2019 SECTION IV. Reasons Supporting ThisA )pt4d-colltd. (-ALIFORNIA COASTAL COMMISSION The City's findings on the proposed new home cite the applicant's Coastal Hazards and Sea Level Rise report and state that the finished floor elevation will be 9.0 feet NAVD88, which complies with the minimum LCP standard. However, the report references adaptation measures necessary to avoid adverse impacts from hazards in the future. The first adaptation measure is waterproofing the structure, which is not incorporated into the findings or special conditions of the City's CDP. The second adaptation measure recommended by the applicant's report is raising the City's bulkhead between the public beach and the public walkway, which the city is in the process of doing and may continue to do incrementally, but cannot be assumed to continue indefinitely. The creation of a new parcel which relies on the city's potential (future) construction of a shoreline protective device on public land to protect private property/development is not consistent with LUP Policy 2.8.6-7. The proposed subdivision is not necessary in order to increase housing density. The existing parcel is zoned R-2 (Coastal Land Use Designation Two-Unit Residential) and could support two residential units without the proposed subdivision. KMEMLL) South Coast Region JUL 1 7 2019 APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT CALIFORNIA Page 3 COASTAL COMMISSION State briefly your reasons for this appeal. Include a summary description of Local Coastal Program, Land Use Plan, or Port Master Plan policies and requirements in which you believe the project is inconsistent and the reasons the decision warrants a new hearing. (Use additional paper as necessary.) Note: The above description need not be a complete or exhaustive statement of your reasons of appeal; however, there must be sufficient discussion for staff to determine that the appeal is allowed by law. The appellant, subsequent to filing the appeal, may submit 0 additional information to the staff and/or Commission to support the appeal request. SECTION V. -Certification The information and facts a d above are correct to the best of my/our knowledgc. Signed: Appellant er-� Dated: I cy-- Agent Authorization: I designate the above identified person(s)to act as my agent in all matters pertaining to this appeal. Signed: NA Dated: NA RECEIVED South Coast Region APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERWIEN�Ul- 1 7 2019 Page 3 CALIFORNIA COASTAL COMmlssicDNI State briefly your reasons.,for this ap y description of Local Coastal peal Include a suminary Program, Land Use Plan, or Port Master Plan policies and requirements in which you believe the project is inconsistent and the reasons the decision warrants a new hearing. (Use additional paper as necessary.) Note� The above descripfion need not be a complete or exhaustive statement of your reasons of appeal' however, there must be sufficient discussion for staff to determine that the appeal is allowed by law. The appellant, subsequent to filing the appeal may submit additional information to the staff and/or Commission to support the appea request SECTION V. Certification The information and facts stated above are correct to the best of mviour knowledge Signed� /�-J 4�� V��Z) - Appellant of Agent Dated /71 Agent-Authofiza6on� I designate the above identified person(s)to act as my agent in all matters pertaining to this appeal. Signed: NA Dated. NA