HomeMy WebLinkAbout20190829_Resolution_ZA2019-058Community Development Department
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
VIA EMAIL
August 29, 2019
Bill Guidero
425 30th Street, Suite 23
Newport Beach, CA 92663
guiderodesign@gmail.com
Subject: Coastal Development Permit No. CD2019-034 (PA2019-140)
1808 West Ocean Front (Fluter Residence)
Dear Bill,
It was a pleasure working with you on the above referenced application. Please be
advised that the subject application was approved by the Zoning Administrator on
August 29, 2019 and is now within the required City appeal period until September
12, 2019. If no appeals are filed with the City, a Notice of Final Action will be mailed
to the California Coastal Commission. Upon receipt of the notice by the Coastal
Commission, the action will be subject to an additional 10-working-day appeal period.
You may track status of the Coastal Commission appeal period via the following link:
Statewide Appealable Projects PDF
At the conclusion of both appeal periods, a building permit may be issued for the
project.
A copy of the approved resolution with findings and conditions is attached. If you
have any questions, please do not hesitate to contact me directly. Thank you and I
look forward to working with you again in the future.
Sincerely,
Liane Schuller
Contract Planner
RU/ls
PA2019-140
RESOLUTION NO. ZA2019-058
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2019-034 TO DEMOLISH AN
EXISTING RESIDENTIAL DUPLEX AND CONSTRUCT A NEW
SINGLE-FAMILY RESIDENCE LOCATED AT 1808 AND 1808 ½
WEST OCEAN FRONT (PA2019-140)
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, with respect to property located at 1808 and
1808 ½ West Ocean Front, and legally described as Lot 5, Block 18, Tract 515 requesting
approval of a coastal development permit.
2. The applicant proposes to demolish an existing residential duplex and construct a new
3,548-square-foot, single-family residence with an attached 649-square-foot, two-car
garage.
3. The subject property is located within the RM (Multiple-Unit Residential) Zoning District
and the General Plan Land Use Element category is RM (Multiple-Unit Residential).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RM-E (Multiple-Unit Residential) (30.0-39.9 DU/AC) and the Coastal Zone
District is RM (Multi-Unit Residential).
5. A public hearing was held on August 29, 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 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.
2. Class 3 includes the construction of a single-family residence in a residential zone. The
proposed project includes the demolition of an existing residential duplex and
construction of a new 3,548-square-foot, single-family residence with an attached 649-
square-foot, two-car garage.
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Zoning Administrator Resolution No. ZA2019-058
Page 2 of 8
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits) 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 structure conforms to all applicable development standards including, but
not limited to, floor area limitation, setbacks, height, and p arking:
a. The maximum floor area limitation is 4,420square feet and the proposed gross
floor area is 4,197 square feet.
b. The proposed development will provide the required setbacks, which are 7 feet
along the front property line abutting the beach, 3 feet along the side property
lines, and 0 feet along the rear property line abutting the alley..
c. The highest flat roof is no more than 28 feet, measured from the established
grade level of 10.49 feet North American Vertical Datum of 1988 (NAVD 88) and
the highest roof ridge is no more than 33 feet, measured from the established
grade, which complies with the maximum height limitation.
d. The project includes enclosed garage parking for two vehicles, which complies
with the minimum two-space parking requirement for single-family residences
with less than 4,000 square feet of livable floor area.
2. 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 as the neighborhood is predominantly developed
with two-story, single- and two-family residences. Some newer structures incorporate a
partial third-story.
3. A Coastal Hazards and Wave Runup Study was prepared for the project by GeoSoils, Inc.,
dated June 26, 2019. The report concludes that the long-term shoreline erosion rate is
small, if any long-term erosion occurs at all. Assuming a conservative future erosion rate
of 150 feet of retreat over the life of the structure, beach width will not be reduced to less
than 350 feet in nominal width. A beach width of 200 feet is recognized by coastal
engineers as sufficiently wide to protect landward development. The GeoSoils study also
concludes that coastal hazards will not impact the property over the next 75 years and
there is no anticipated need for a shore protection device over the life of the proposed
development.
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Zoning Administrator Resolution No. ZA2019-058
Page 3 of 8
4. 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 the issuance of
building permits for construction.
5. The finished floor elevation of the first habitable floor of the proposed structure is 14.00
feet North American Vertical Datum of 1988 (NAVD 88), which exceeds the minimum 9.0-
foot (NAVD 88) elevation standard for new structures and exceeds the minimum
requirements for sea level rise (10.1 feet NAVD 88).
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 the CBC prior to building permit issuance.
7. A post-construction drainage system will be installed that includes drainage and
percolation features designed to retain dry weather and minor rain runoff on-site to ensure
the project does not impact water quality. Any water not retained on-site is directed to the
City’s storm drain system.
8. The project design addresses water quality with a construction erosion control plan that
outlines temporary best management practices (BMPs) to be implemented during
construction to minimize erosion and sedimentation, and to minimize pollution of runoff
derived by construction chemicals and materials. No water quality impacts to coastal
waters are anticipated based upon the location and elevation of the property.
9. New landscaping will be verified for compliance with NBMC Section 21.30.075
(Landscaping). A condition of approval is included that requires drought-tolerant, and
prohibits invasive species. Prior to issuance of the building permits, the final landscape
plans will be reviewed to verify invasive species are not planted.
10. The property is not located near coastal view roads and is not located near any identified
public viewpoints; therefore, the project will not negatively impact public coastal views.
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.
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Zoning Administrator Resolution No. ZA2019-058
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Facts in Support of Finding:
1. 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 proposed 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 includes the replacement of an
existing two-story residential duplex with a new three-story, single-family residence. 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.
2. The project is designed and sited so as not to 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 proposed development. Coastal access is currently
provided and will continue to be provided by street ends throughout the neighborhood with
access to the beach and water.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds 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.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2019-034, 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 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 29TH DAY OF AUGUST, 2019.
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Zoning Administrator Resolution No. ZA2019-058
Page 5 of 8
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. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
3. Coastal Development Permit No. CD2019-034 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.
4. This approval does not authorize any ne w or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right -of-way.
5. Prior to the issuance of building permit, an agreement in a form approved by the City
Attorney between the property owner and the City shall be executed and recorded
waiving rights to the construction of future shoreline protection devices to address the
threat of damage or destruction from waves, erosion, storm conditions, landslides,
seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the
property, or development of the property, today or in the future. The agreement shall be
binding against the property owners and successors and assigns.
6. Prior to the issuance of a building permit, the property owner shall sign 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 Ci ty, 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, judgements, fines, penalties, liabilities, costs and e xpenses (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. The letter shall be scanned into the plan set prior to building
permit issuance.
7. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
8. The applicant shall comply with all federal, sta te, 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.
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Zoning Administrator Resolution No. ZA2019-058
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9. This Coastal Development Permit may be modified or revoked by the Zoning
Administrator if determined should they determine 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.
10. 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.
11. 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 either the
current business owner, property owner or the leasing agent.
12. 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, wetland or their
buffers.
13. 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.
14. This Coastal Development Permit does not authorize any development seaward of the
private property.
15. Construction staging, storage and/or access is not allowed to occur on or from the adjacent
sandy beach.
16. 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 act ivities 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.
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17. 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.
18. 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 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.
19. Prior to issuance of a building permit, the applicant shall submit a final construction erosion
control plan. The plan shall be subject to review and approval by the Building Division.
20. 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.
21. 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.
22. Prior to 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. 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 as
far away from storm drain systems or receiving waters as possible .
24. 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.
25. At such time as directed by the City or the California Coastal Commission, the applicant
shall agree to and cooperate with the removal of any development not in compliance with
and authorized by Appendix C (Oceanfront Encroachment Policy Guidelines) of the
certified Local Coastal Program seaward of the rear property line within a prolongation of
the side property lines of the subject property.
26. 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
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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 Fluter Residence including, but not limited to, Coastal Development Permit No.
CD2019-034 (PA2019-140). 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.
PA2019-140