HomeMy WebLinkAbout02_Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval_PA2021-183CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 16, 2021
Agenda Item No. 2
SUBJECT: Inter-Pro Property Corporation Residence (PA2021-183)
▪Coastal Development Permit No. CD2021-033
▪Lot Merger No. LM2021-004
▪Staff Approval No. SA2021-008
SITE LOCATION: 518 and 520 Via Lido Nord
APPLICANT: Anne Fox, MIG, Inc.
OWNER: Inter-Pro Property Corporation
PLANNER: Melinda Whelan
949-644-3221- mwhelan@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached)
•Zoning District: R-1 (Sinlge-Unit Residential)
•Coastal Land Use Plan Category: RSD-C (Single Unit Residential Detached 10.0 -
19.9 DU/AC)
•Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A request for a lot merger and coastal development permit to allow the demoltion of two
single-family residences at 518 Via Lido Nord (Lot 500) and 520 Via Lido Nord (Lot 501
and Lot 502), the merger of two lots under common ownership (Lot 500 and Lot 501) to
create a single parcel, and the construction of a 6,091-square-foot, two-story, single-
family residence including an attached 803-square-foot, four-car garage. The merged lot
and new development will retain the address of 520 Via Lido Nord. The remaining Lot
502 will be assigend the new address of 522 Via Lido Nord and will be developed with an
additional single-family dwelling under a separate coastal development permit (PA2021-
215). The project includes renforcing and raising an existing bulkhead. Additionally, a
request for a staff approval is included for grade establishment within the front yard area
along the water on the existing 520 Via Lido Nord property (Lot 501 and Lot 502).
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15315 under Class 15 (Minor Land Divisions) and Section 15303
under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
1
Inter-Pro Property Corporation Residence (PA2021-183)
Zoning Administrator, December 16, 2021
Page 2
Tmplt: 10/18/21
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment. The exceptions to
the Class 3 exemption do not apply; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2021-033, Lot Merger No. LM2021-004 and Staff Approval No.
SA2021-008 (Attachment No. ZA 1).
DISCUSSION
Lot Merger
• An application was filed with respect to property located at 518 and 520 Via Lido
Nord. The lot at 518 Via Lido Nord is legally described as Lot 500 in Tract 907. The
lot at 520 Via Lido Nord is legally described as Lot 501 and Lot 502 in Tract 907.
• The subject properties are zoned R-1 (Single-Unit Residential) and will retain the R-
1 zoning designation. The Land Use Element of the General Plan designates both
properties as RS-D (Single Unit Residential Detached). The Coastal Land Use Plan
designates the properties as RSD-C (Single Unit Residential Detached – 10.0 - 19.9
DU/AC), which provides for density ranges from 10.0 - 19.9 dwelling units per acre.
The land use will remain the same and the merger is consistent with the land use
designations of the General Plan and Coastal Land Use Plan. The properties are not
a part of a specific plan.
• Each property is currently developed with a single-family residence. Those
residences will be demolished. The proposed lot merger will combine Lot 500 (518
Via Lido Nord) and Lot 501 (a portion of 520 Via Lido Nord), two lots under common
ownership by removing the interior lot line between them. The newly merged parcel
will be developed with a new single-family dwelling and Lot 502 (remaining portion of
520 Via Lido Nord) will be developed as a separate single-family dwelling (PA2021-
215). There will be no net loss of units.
2
Inter-Pro Property Corporation Residence (PA2021-183)
Zoning Administrator, December 16, 2021
Page 3
Tmplt: 10/18/21
Figure 1 – Aerial Imagery
• Newport Beach Municipal Code (NBMC) Section 21.18.030 (Residential Coastal
Zoning Districts General Development Standards) establishes the minimum
standards required for lot creation. The minimum lot width required and the minimum
lot area required in the R-1 zoning district is 50 feet and 5,000 square feet,
respectively. Merging the two lots will create one parcel that meets both the minimum
requirements for lot width and area. The width of the merged lot will be
approximately 60 feet and the area will be approximately 5,561 square feet.
• Lido Island unique shape along the waterfront results in lots of various shapes and
sizes. Properties within the 500 block of Via Lido Nord vary in size and width and,
although the proposed lot merger will create a lot that is larger than the immediately
adjoining lots, it will not create an excessively large lot in comparison to other
existing lots on the Island. There are existing lots similar in size to the merged lot.
Some examples include 544 Via Lido Nord (5,400 square feet), 524 via Lido Nord
(4,050 square feet), 521 Via Lido Nord (4,539 square feet), 618 Via Lido Nord
(6,975 square feet), and 633 Via Lido Nord (5,016 square feet). Larger lots, such
as 524 Via Lido Nord, 544 Via Lido Nord and 537 Via Lido Nord can be found
within the same block as the site. Also, the existing 520 Via Lido Nord is the same
size as the proposed 520 Via Lido Nord, just a shift of the lots. The majority of the
comparable parcels are waterfront development, and this lot merger would be
consistent with this pattern.
Subject Lots 500 and 501 (518
Via Lido Nord and half of 520 Via
Lido Nord)
to be merged for one single-
family development
3
Inter-Pro Property Corporation Residence (PA2021-183)
Zoning Administrator, December 16, 2021
Page 4
Tmplt: 10/18/21
• Orientation and access to the parcel would remain from Via Lido Nord. The resulting
lot configuration will not change the existing pattern of development in the area.
• In accordance with Section 19.08.30(A)(3) (Waiver of Parcel Map Requirement) of
the NBMC, the Zoning Administrator may approve a waiver of the parcel map
requirement in cases where no more than three parcels are eliminated. The
proposed lot merger combines two contiguous lots under common ownership and
does not result in the elimination of more than three parcels.
• The subject property is not subject to a specific plan.
• The merged parcel is within an urban environment and will be served by existing
public utilities.
Coastal Development Permit
• The neighborhood is predominantly developed with two-story, single-family
residences and two-family residences. The proposed design, bulk, and scale of
the development is consistent with the existing neighborhood pattern of
development consistent with applicable development standards.
Subject Property
518 Via Lido
Nord
Subject Property
520 Via Lido Nord
4
Inter-Pro Property Corporation Residence (PA2021-183)
Zoning Administrator, December 16, 2021
Page 5
Tmplt: 10/18/21
• 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 (min.)
Front (Bay) 10 feet Range from 10-feet to 12-
feet, 9-inhces
Sides 4 feet 4 feet
Second Frontage (street) 4 feet 4 feet
Allowable Floor Area (max.) 8,178 square feet 6,091 square feet
Parking (min.) 3 garage spaces 4 garage parking spaces
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot for all roofs and decks
Hazards
• A Coastal Hazards Report, Sea Level Rise Analysis and Bulkhead Conditions
Report was prepared by PMA Consulting, Inc. dated July 26, 2021, for the project.
The current maximum bay water elevation is 7.7 feet (NAVD88) and the existing
bulkhead is 8.83 feet (NAVD88). The report analyzes future sea level rise
scenarios assuming a 3.0-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 10.90 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 project includes reinforcing and raising the existing seawall to 12.30 feet
(NAVD88) with an adaptability elevation of 14.4 feet (NAVD88). This is above the
minimum required 10.9 feet (NAVD88). Flooding, wave runup, and erosion will not
significantly impact this property over the proposed 75-year economic life of the
development. Flood shields (sandbags 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 reasonably safe from flooding hazards for the next
75 years.
• On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential
Facilities. The guidelines require that any structure permitted within the years 2021
through 2025 have a minimum elevation of 10.9 feet (NAVD88) with a design for
adaptability elevation of 14.4 feet (NAVD88). The project includes a bulkhead at
12.30 feet (NAVD88). The bulkhead is designed for adaptability up to 14.4 feet
(NAVD88) if needed and in compliance with the updated guidelines.
5
Inter-Pro Property Corporation Residence (PA2021-183)
Zoning Administrator, December 16, 2021
Page 6
Tmplt: 10/18/21
• The finished floor elevation of the proposed single-family residence is 12.61 feet
(NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation
standard. The Coastal Hazards Report concludes that the bay water elevation will
not exceed the proposed finished floor for the anticipated 75-year life of the
structure.
• Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv)
– (Natural Landform and Shoreline Protection - Development Standards), 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) – (General Site Planning and Development Standards -
Waterfront Development). 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
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. 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.
• Pursuant to Municipal Code Section 21.35.050 (Water Quality and Management
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
Management Plan (WQMP) is required. A preliminary WQHP was prepared in July
27, 2021 for the project by Forkert Engineering & Surveying, Inc. The WQMP
includes a polluted runoff and hydrologic site characterization, a sizing standard for
BMPs, use of an Low Impact Development (LID) approach to retain the design storm
runoff volume on site, and documentation of the expected effectiveness of the
proposed BMPs.
6
Inter-Pro Property Corporation Residence (PA2021-183)
Zoning Administrator, December 16, 2021
Page 7
Tmplt: 10/18/21
Public Access and Views
• 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 across the bay at Kings Road Park and is not visible from the site. As
currently developed, the existing property and other residences along the bay and
Via Lido Nord are located within the view shed of the park and 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
• The front of the residence, which is visible from the bay, provides additional
setbacks for the first floor and the living areas on the second floor where the
required setback is 10 feet. The proposed residence includes two stories and
reaches a maximum height of 24 feet, where three stories and a maximum height
of 29 feet is allowed per the NBMC. Lastly, the design includes modulation of
volume throughout the structure and low front site walls that prevent the
appearance of the site being walled off from the bay. Therefore, 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 project site is located between the nearest public road and the sea or shoreline.
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 located on standard residential 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 and lateral access to the bay and beach is available 455 feet northwest of
the property at Genoa Park, which is the terminus of Via Genoa. Lateral access is
available along the beach in front of Genoa Park. Additional vertical access points to
the water are located at the terminus of Via Orvieto. The project does not include any
features that would obstruct access along these routes.
7
Inter-Pro Property Corporation Residence (PA2021-183)
Zoning Administrator, December 16, 2021
Page 8
Tmplt: 10/18/21
Staff Approval for Grade Establishment
• The existing front yard area on the existing 520 Via Lido Nord property (Lots 501 and
502) adjacent the water includes a low planter area that is unique to this property and
is not indicative of the existing finish surface grades along the water on adjacent lots.
The planter area was created with the original development in the 1940s, lowering
the grade to approximately 8.74 feet (NAVD88) where the rest of the lot remained
around 12.8 feet (NAVD88). Adjacent lots have existing finished surfaces and grades
between 12 feet (NAVD88) and 13 feet (NAVD88) within their front yards along the
water. This grade differential creates design constraints and unfairly restricts the
heights of accessory structures below those of the neighboring properties. Using the
low planter area as the existing grade below the raised bulkhead prevents an
adequate design of accessory structures and safety of this yard area because the
bulkhead with required guardrail would not be allowed to exceed the maximum height
of 42 inches from the grade. Additionally, the planter grade is not indicative of the
natural grade on the subject lot or adjacent lot as it is much lower than all other areas.
• The Zoning Code and Local Coastal Program provides if the Director finds that the
existing grade on the subject lot has been previously altered (e.g., contains retaining
structures, property line walls, planters, or excavation/fill), or other conditions are
present to the degree that the existing grade is not representative of the
prevailing grades on adjoining lots and/or the general area and, therefore, is not
appropriate for the purpose of establishing the grade of the subject lot, the Director
may establish the grade that is reasonable and comparable with the grades of
adjoining lots and that will not be detrimental or injurious to property and
improvements on adjoining lots.
• A review of this area and the neighboring lots indicate a grade of 12.71 feet
(NAVD88) is the reasonable existing finished surface grade for the front yard along
the water. This grade does not exceed the elevations of the neighbors finished
surfaces within the front yards adjacent the water. The higher grade will allow for
fences and protective guardrail to be constructed at an appropriate height that is in
line with the adjoining properties. The grade establishment is only for the front yard
area along the water to be used for accessory structures. The resolution includes the
required findings for a staff approval for the grade establishment.
8
Inter-Pro Property Corporation Residence (PA2021-183)
Zoning Administrator, December 16, 2021
Page 9
Tmplt: 10/18/21
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 under Class 15 (Minor Land Divisions) and 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 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four or fewer parcels when the division is in
conformance with the General Plan and Zoning; no variances or exceptions are required;
all services and access to the proposed parcels are available; the parcel was not involved
in a division of a larger parcel within the previous two years; and the parcel does not have
an average slope greater than 20 percent. This exemption includes a minor lot merger
not resulting in the creation of any new parcel that complies with the conditions specified
above.
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 two single-family residences and the construction of a new 6,091-square-
foot single-family dwelling including an attached 803-square-foot, four-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
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 application 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 Program
[LCP] 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
(Appeal to the Coastal Commission) of the City’s certified LCP and Title 14 California Code
9
Inter-Pro Property Corporation Residence (PA2021-183)
Zoning Administrator, December 16, 2021
Page 10
Tmplt: 10/18/21
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:
MS/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Lot Merger Exhibits
ZA 3 Project Plans
10
Attachment No. ZA 1
Draft Resolution
11
10-18-2021
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM
2021-004, COASTAL DEVELOPMENT PERMIT NO. CD2021-033
AND STAFF APPROVAL NO. SA2021-008 TO DEMOLISH TWO
EXISTING SINGLE-FAMILY DWELLINGS, MERGE TWO LOTS
UNDER COMMON OWNERSHIP AND CONSTRUCT A NEW TWO
(2)-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED
FOUR (4)-CAR GARAGE LOCATED AT 518 AND 520 VIA LIDO
NORD (PA2021-183)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Anne Fox, MIG, Inc., with respect to property located at 518
and 520 Via Lido Nord, requesting approval of a lot merger, coastal development permit
and staff approval for establishment of grade.
2. The property at 518 Via Lido Nord is legally descirbed as Lot 500 in Tract 907 and the
property at 520 Via Lido Nord is legally described as Lot 501 and Lot 502 in Tract 907.
3. The applicant proposes a lot merger and coastal development permit to allow the
demolition of two (2) single-family residences at 518 Via Lido Nord (Lot 500) and 520 Via
Lido Nord (Lot 501 and Lot 502), the merger of two (2) lots under common ownership (Lot
500 and Lot 501) to create a single parcel, and the construction of a 6,091-square-foot,
two (2)-story, single-family residence including an attached 803-square-foot, four (4)-car
garage. The merged lot and new development will retain the address of 520 Via Lido Nord.
The remaining Lot 502 will be assigned the new address of 522 Via Lido Nord and will be
developed with an additional single-family dwelling under a separate coastal development
permit (PA2021-215). The project includes reinforcing and raising an existing bulkhead.
Additionally, a request for a staff approval is included for grade establishment within the
front yard area along the water on the existing 520 Via Lido Nord property (Lot 501 and
Lot 502).
4. The subject properties are designated RS-D (Single Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1 (Single-Unit Residential)
Zoning District.
5. The subject properties are located within the coastal zone. The Coastal Land Use Plan
category is RSD-C (Single Unit Residential Detached – 10.0 – 19.9 DU/AC) and it is
located within the R-1 (Single-Unit Residential) Coastal Zone District.
6. A public hearing was held on December 16, 2021, online via Zoom. 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.
12
Zoning Administrator Resolution No. ZA2021-###
Page 2 of 15
10-05-2021
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Sections 15315 and 15303, Division 6, Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act (CEQA) under Class 15 (Minor
Land Divisions) and Class 3 (New Construction or Conversion of Small Structures),
because it has no potential to have a significant effect on the environment.
2. Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four (4) or fewer parcels when the division
is in conformance with the General Plan and Zoning; no variances or exceptions are
required; all services and access to the proposed parcels are available; the parcel was
not involved in a division of a larger parcel within the previous two (2) years; and the
parcel does not have an average slope greater than 20 percent. This exemption includes
a minor lot merger not resulting in the creation of any new parcel that complies with the
conditions specified above.
3. Class 3 exempts the demolition of up to three (3) single-family residences and additions
of up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of two (2) single-family residences and the construction of a new 6,091-
square-foot single-family dwelling with an attached 803-square-foot, four (4)-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
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.
4. 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.
Lot Merger
In accordance with Sections 19.68.030(H) (Lot Mergers – Required Findings) of the NBMC,
the following findings and facts in support of such findings are set forth:
Finding:
A. Approval of the merger will not, under the circumstances of this particular case, be
detrimental to the health, safety, peace, comfort and general welfare of persons residing
or working in the neighborhood of such proposed use or be detrimental or injurious to
13
Zoning Administrator Resolution No. ZA2021-###
Page 3 of 15
10-05-2021
property and improvements in the neighborhood or the general welfare of the City, and
further that the proposed lot merger is consistent with the legislative intent of this title.
Facts in Support of Finding:
1. The proposed lot merger will combine two (2) lots under common ownership by removing
the interior lot line between them. The merging of the two (2) lots will not result in the
creation of additional parcels.
2. The project is in an area with an average slope of less than 20 percent.
3. The lot merger is consistent with the purpose and intent of NBMC Title 19 (Subdivisions).
Finding:
B. The lots to be merged are under common fee ownership at the time of the merger.
Fact in Support of Finding:
1. The two (2) lots to be merged are under common fee ownership and are conditioned to
remain under common fee ownership prior to recordation of the lot merger.
Finding:
C. The lots as merged will be consistent or will be more closely compatible with the
applicable zoning regulations and will be consistent with other regulations relating to the
subject property including, but not limited to, the General Plan and any applicable
Coastal Plan or Specific Plan.
Facts in Support of Finding:
1. The merged lots will retain the R-1 (Sinlge-Unit Residential) zoning designation, consistent
with the surrounding area. The R-1 Zoning District is intended to provide for a maximum
of one (1) residential dwelling unit located on a single legal lot.
2. The Land Use Element of the General Plan designates both properties as RS-D (Single-
Unit Residential Detached), which applies to single-family residential dwelling units. The
Coastal Land Use Plan designates the properties as RSD-C (Single-Unit Residential
Detached – 10.0 - 19.9 DU/AC) which provides for density ranges from 10.0-19.9 dwelling
units per acre. The land use will remain the same and the merger is consistent with the
land use designations of the General Plan and Coastal Land Use Plan.
3. The subject properties are not located within a specific plan area.
4. Newport Beach Municipal Code Title 21 21.18.030 (Residential Coastal Zoning Districts
General Development Standards) establishes the minimum standards required for lot
creation. The minimum lot width required and the minimum lot area required in the R-I
zoning district is 50 feet and 5,000 square feet respectively. The underlying lots on the
14
Zoning Administrator Resolution No. ZA2021-###
Page 4 of 15
10-05-2021
same block and throughtout Lido Island are all substandard to these requirements with
underlying lots having approximatley 30-foot widths and 90-foot lengths. The existing 520
Via Lido Nord complies with these standards because it uses two (2) underlying legal lots.
518 Via Lido Nord is the standard Lido Island lot size with approximatley 30-foot width and
90-foot legnth. The width of the merged lot will be approximately 60 feet and the lot area
will be approximately 5,561 square feet. This width and area is consistent with the existing
width and area of 520 Via Lido Nord and is also consistent with other merged lots within
the same block and throughout Lido Island.
Finding:
D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a
result of the merger.
Fact in Support of Finding:
1. Legal access for vehicular traffic is provided from Via Lido Nord and will remain unchanged.
Pedestrian access will be provided from Via Lido Nord. The site does not currently provide
access to any other properties. No adjoining parcels will be deprived of legal access as a
result of the merger.
Finding:
E. The lots as merged will be consistent with the pattern of development nearby and will
not result in a lot width, depth or orientation, or development site that is incompatible
with nearby lots. In making this finding, the review authority may consider the following:
a. Whether the development of the merged lots could significantly deviate from the
pattern of development of adjacent and/or adjoining lots in a manner that would result
in an unreasonable detriment to the use and enjoyment of other properties.
b. Whether the merged lots would be consistent with the character or general
orientation of adjacent and/or adjoining lots.
c. Whether the merged lots would be conforming or in greater conformity with the
minimum lot width and area standards for the zoning district.
1. Lido Island has a unique shape along the waterfront which results in lots of various
shapes and sizes. Properties within the 500 block of Via Lido Nord vary in size and width
and, although the proposed lot merger will create a lot that is larger than the immediately
adjoining lots, it will not create an excessively large lot in comparison to other existing
lots on the Island. There are existing lots similar in size to the merged lot. Some
examples include 544 Via Lido Nord (5,400 square feet), 524 Via Lido Nord (4,050
square feet), 521 Via Lido Nord (4,539 square feet), 618 Via Lido Nord (6,975 square
feet), and 633 Via Lido Nord (5,016 square feet). Larger lots, such as 524 Via Lido Nord,
544 Via Lido Nord and 537 Via Lido Nord can be found within the same block as the
site. Also, the existing 520 Via Lido Nord is the same size as the proposed 520 Via Lido
Nord, just a shift of the lots. The majority of the comparable parcels are waterfront
15
Zoning Administrator Resolution No. ZA2021-###
Page 5 of 15
10-05-2021
development or just across the street from the water, and this lot merger would be
consistent with this pattern.
2. The width of the merged lots will be approximately 60 feet which is not excessive. The
merged lot does not develop previously underdeveloped land, nor does it disrupt the
character or livability of the neighborhood.
3. Orientation and access to the parcel would remain from Via Lido Nord. The resulting lot
configuration will not change the existing pattern of development in the area.
4. Fact in Support of Finding C.4 is hereby incorporated by reference.
Waiver of Parcel Map
In accordance with Section 19.08.30(A)(3) (Waiver of Parcel Map Requirement) of the NBMC,
the Zoning Administrator may approve a waiver of the parcel map requirement in cases where
no more than three (3) parcels are eliminated. The following finding and facts in support of such
finding are set forth:
Finding:
F. The proposed division of land complies with requirements as to area, improvement and
design, flood water drainage control, appropriate improved public roads and property
access, sanitary disposal facilities, water supply availability, environmental protection,
and other applicable requirements of this title, the Zoning Code, the General Plan, and
any applicable Coastal Plan or Specific Plan.
Facts in Support of Finding:
1. Approval of the proposed lot merger would remove the existing interior lot lines and allow
the property to be utilized as a single site. The proposed lot would comply with all design
standards and improvements required for new subdivisions by Title 19, the Zoning Code,
and General Plan.
2. The subject property is not subject to a specific plan. The property complies with the
requirements of Title 21 LCP Implementation Plan, as detailed in the following section
(Findings G and H).
3. The proposed lot merger combines two (2) contiguous lots under common ownership
into a single parcel of land and does not result in the elimination of more than three (3)
parcels.
4. The merged lot is within an urban environment and will be served by existing public
utilities.
16
Zoning Administrator Resolution No. ZA2021-###
Page 6 of 15
10-05-2021
Coastal Development Permit
In accordance with Section 21.52.015(F) (Coastal Development Permits – Findings and
Decision) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
G. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The newly created parcel will comply with all development standards for the R-I Coastal
Zoning District. Facts in support of Finding C.1, C.2, and C.4 are incorporated here by
reference.
2. 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 8,178 square feet and the proposed floor area
is 6,091 square feet.
b. The proposed development provides the minimum required setbacks, which are 10
feet along the front property line abutting the water, 4 feet along each side property
line, and 4 feet along the street frontage property line on Via Lido Nord.
c. The highest guardrail and roof is less than 24 feet from established grade of 12.77
feet North American Vertical Datum of 1988 (NAVD88), which comply with the
maximum height requirements.
d. The project includes garage parking for a total of four (4) vehicles complying with
the minimum four (4)-car parking requirement for duplexes.
3. The neighborhood is predominantly developed with two (2)-story, single-family
residences. The proposed design, bulk, and scale of the development is consistent with
the existing neighborhood pattern of development consistent with applicable
development standards.
4. A Coastal Hazards Report, Sea Level Rise Analysis and Bulkhead Conditions Report
was prepared by PMA Consulting, Inc. dated July 26, 2021, for the project. The current
maximum bay water elevation is 7.7 feet (NAVD88), and the existing bulkhead is 8.83
feet (NAVD88). The report analyzes future sea level rise scenarios assuming a 3.0-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 10.90 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 project includes reinforcing and raising the existing
seawall to 12.30 feet (NAVD88) with an adaptability elevation of 14.4 feet (NAVD88).
This is above the minimum required 10.9 feet (NAVD88). Flooding, wave runup, and
17
Zoning Administrator Resolution No. ZA2021-###
Page 7 of 15
10-05-2021
erosion will not significantly impact this property over the proposed 75-year economic
life of the development. Flood shields (sandbags 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 reasonably safe from flooding hazards for
the next 75 years.
5. The finished floor elevation of the proposed single-family residence is 12.61 feet
(NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard. The
Coastal Hazards Report concludes that the bay water elevation will not exceed the
proposed finished floor for the anticipated 75-year life of the structure.
6. 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 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.
8. 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 Management Plan (WQMP) is required. A preliminary WQMP
has been prepared in July 27, 2021 for the project by Forkert Engineering & Surveying,
Inc. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing
standard for BMPs, use of an Low Impact Development (LID) approach to retain the design
storm runoff volume on site, and documentation of the expected effectiveness of the
proposed BMPs.
9. Proposed landscaping complies with Section 21.30.075 (Landscaping) of the NBMC. 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
10. 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 across the bay at Kings Road Park and is not visible from the site. As currently
developed, the existing property and other residences along the bay and Via Lido Nord are
located within the view shed of the park and bay. However, the proposed single-family
18
Zoning Administrator Resolution No. ZA2021-###
Page 8 of 15
10-05-2021
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.
11. 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 residence,
which is visible from the bay, provides additional setbacks for the first floor and the living
areas on the second floor where the required setback is 10 feet. The proposed residence
includes two (2) stories and reaches a maximum height of 24 feet, where three (3) stories
and a maximum height of 29 feet is allowed per the NBMC. Lastly, the design includes
modulation of volume throughout the structure and low front site walls that prevent the
appearance of the site being walled off from the bay. Therefore, 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.
12. The project replaces an existing single-family residence located on standard residential 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.
Finding:
H. 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 is located between the nearest public road and the sea or shoreline.
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 located on standard
residential 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 and lateral access to the bay and beach is available 280 feet northwest of the
property at the terminus of Via Koron, where there is access to the beach along the bay.
Additionally, vertical and lateral access is available at the park at the terminus of Via
Orvieto which is also along the beach. Additional vertical access points to the water are
located at the terminus of Via Orvieto. The project does not include any features that would
obstruct access along these routes.
19
Zoning Administrator Resolution No. ZA2021-###
Page 9 of 15
10-05-2021
Staff Approval for Grade Establishment
In accordance with Section 20.30.050 (C) – (Grade Establishment) and 21.30.050 (C) – (Harbor
and Bay Regulations) If the Director finds that the existing grade on the subject lot has been
previously altered (e.g., contains retaining structures, property line walls, planters, or
excavation/fill), or other conditions are present to the degree that the existing grade is not
representative of the prevailing grades on adjoining lots and/or the general area and, therefore,
is not appropriate for the purpose of establishing the grade of the subject lot, the Director may
establish the grade that is reasonable and comparable with the grades of adjoining lots and
that will not be detrimental or injurious to property and improvements on adjoining lots.
Finding:
I. The existing grade on the subject lot has been previously altered (e.g., contains retaining
structures, property line walls, planters, or excavation/fill), or other conditions are
present to the degree that the existing grade is not representative of the prevailing
grades on adjoining lots and/or the general area and, therefore, is not appropriate for
the purpose of establishing the grade of the subject lot.
Facts in Support of Finding:
1. The Applicant is redeveloping the property with a new single-unit residence; however,
the grades along the front setback area (waterfront) include depressed areas that are
not representative of the prevailing grades on the two (2) adjoining properties. This
grade differential creates design constraints and unfairly restricts the heights of
accessory structures below those of the neighboring properties.
2. The subject property is currently developed with a planter within the front yard along the
waterfront with an elevation of approximately 8.7 feet (NAVD88). This planter elevation
is approximately 4 feet lower than the immediately adjacent properties on both sides
and, therefore, not appropriate for the purposes of measuring height of the accessory
structures.
Finding:
J. The grade is reasonable and comparable with the grades of adjoining lots and will not
be detrimental or injurious to property and improvements on adjoining lots.
Fact in Support of Finding:
1. Allowing a higher grade of 12.71 feet (NAVD88), which is an average elevation between
the adjacent property’s front yards along the waterfront, would provide the property with
a grade elevation that is compatible with those of the neighboring properties and
equitable for the purposes of measuring heights of accessory structures within the front
setback.
20
Zoning Administrator Resolution No. ZA2021-###
Page 10 of 15
10-05-2021
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 15315 under
Class 15 (Minor Land Divisions) and 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. The exceptions to the Class 3 exemption do not apply.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2021-033, Lot Merger No. LM2021-004 and Staff Approval
No. SA2021- 008 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 Program (LCP) 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 (Appeal to the Coastal Commission) 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 16TH DAY OF DECEMBER, 2021.
_____________________________________
Jaime Murillo, Zoning Administrator
21
Zoning Administrator Resolution No. ZA2021-###
Page 11 of 15
10-05-2021
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 recordation of the lot merger, the two (2) lots shall be held entirely under one (1)
common fee ownership.
3. Prior to recordation of the lot merger, the two (2) single-family dwellings located at 518 Via
Lido Nord and 520 Via Lido Nord shall be permitted and finaled for demolition permits.
4. Prior to recordation of the lot merger, the pier and slip that straddles the property line
between 520 Via Lido Nord and 522 Via Lido Nord shall be reconfigured and permitted to
comply with Municipal Code Section 17.35.020A.7. and B.1.
5. The map shall be submitted to the Public Works Department for final map review and
approval. All applicable fees shall be paid.
6. Prior to the issuance of building permits for construction across the existing interior lot
lines, recordation of the lot merger documents with the County Recorder shall be
required.
7. The grade for the purposes of measuring height of accessory structures within the 10-
foot front yard setback along the waterfront, authorized by this determination shall be
based on the grade of 12.71 feet (NAVD88).
8. Prior to final of building permits, the existing seawall shall be reinforced and capped to
12.30 feet (NAVD 88) and capable to be raised up to 14.4 feet (NAVD 88), in compliance
with the City of Newport Beach Waterfront Project Guidelines and Standards, Harbor
Design Criteria Commercial and Residential Facilities in accordance with the
recommendations provided in the Coastal Hazards Report and Bulkhead Conditions
Report prepared by PMA Consulting, Inc., dated July 26, 2021.
9. 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.
10. Prior to the final building permit inspection for the dwelling at 520 Via Lido Nord, building
permits for the new dwelling at 522 Via Lido Nord shall be issued and construction
commenced to ensure no net loss of housing units through project implementation.
22
Zoning Administrator Resolution No. ZA2021-###
Page 12 of 15
10-05-2021
11. 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. This letter shall be scanned into the plan set prior to building permit issuance.
12. This approval does not authorize any new or existing improvements (including
landscaping) on California Coastal Permit Jurisdiction, State tidelands, public beaches,
or the public right-of-way. Any improvements located on tidelands, submerged lands,
and/or lands that may be subject to the public trust shall require a coastal development
permit (CDP) approved by the California Coastal Commission (Coastal Commission).
Prior to the issuance of building permits, the applicant shall provide a copy of said
coastal development permit or CDP waiver or documentation from the Coastal
Commission that subject improvements are not subject to the permit requirements of
the Coastal Act and/or not located within the permit jurisdiction of the Coastal
Commission.
13. 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.
14. This Coastal Development Permit does not authorize any development seaward of the
private property.
15. 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
23
Zoning Administrator Resolution No. ZA2021-###
Page 13 of 15
10-05-2021
to determine when it is safe to commence construction activities. If an active nest is
found, one (1) or two (2) short follow-up surveys will be necessary to check on the nest
and determine when the nest is no longer active.
16. 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.
17. 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.
18. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stock piles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
19. 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.
20. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
21. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
22. 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.
23. 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.
24. 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.
25. 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.
24
Zoning Administrator Resolution No. ZA2021-###
Page 14 of 15
10-05-2021
26. 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.
27. Prior to 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.
28. 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.
29. 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.
30. 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.
31. Construction activities shall comply with Section 10.28.040 – (Construction Activity—
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of
noise-generating construction activities that produce noise to between the hours of 7:00
a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday.
Noise-generating construction activities are not allowed on Saturdays, Sundays or
Holidays.
32. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 – (Community Noise Control) and other applicable noise control requirements of
the Newport Beach Municipal Code. The maximum noise shall be limited to no more
than depicted below for the specified time periods unless the ambient noise level is
higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
25
Zoning Administrator Resolution No. ZA2021-###
Page 15 of 15
10-05-2021
33. 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.
34. 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.
35. This Coastal Development Permit No. CD2021-033 and Lot Merger No. LM2021-004 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.
36. 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 Inter-Pro Property Corporation Residence including, but not limited to, Coastal
Development Permit No. CD2021-033, Lot Merger No. LM2021-004 and Staff Approval
No. SA2021-008 (PA2021-183). 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.
26
Attachment No. ZA 2
Vicinity Map
27
VICINITY MAP
Coastal Development Permit No. CD2021-033
Lot Merger No. LM2021-004 and
Staff Approval No. SA2021-008
(PA2021-183)
518 and 520 Via Lido Nord
Subject Properties to be
merged and redeveloped
with a single-family dwelling
28
Attachment No. ZA 3
Lot Merger Exhibits
29
EXHIBIT " "
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA -
OWNERS EXISTING PARCEL NUMBER PROPOSED PARCELS
REFERENCE NUMBERS
INTER-PRO PROPERTY CORPORATION (USA),
AN ARIZONA CORPORATION 423-221-10 PARCEL 1
INTER-PRO PROPERTY CORPORATION (USA),
AN ARIZONA CORPORATION 423-221-09 PARCEL 1
THIS DESCRIPTION HAS BEEN PREPARED BY
ME OR UNDER MY DIRECTION
No. 8516PROFESSIONALLAND
S
URVEYORPAUL D O M INICK CRAFTS
T
ATE
OF
CA L I F O R NIAPAUL D. CRAFT, P.L.S. 8516 DATE
(LEGAL DESCRIPTION)
REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE
OF CALIFORNIA DESCRIBED AS FOLLOWS:
ALL OF LOTS 500 AND 501 OF TRACT NO. 907, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PR MAP RECORDED IN BOOK 28, PAGES 25 TO 36,
INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXHIBITS "B" AND "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
PARCEL 1:
SHEET 1 OF 1
A
07/15/20219/14/2021
LOT MERGER NO. LM 2021-004
30
V I
A
L
I
D
O
N
O
R
D
499
22.5'22.5'500
501
502
503
TRACT NO. 907
M.M. 28/25-36
P A
R
C
E
L
1
STRADALORCAVIAMENTONECLCLC
LPIEXHIBIT " "
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA -
OWNERS EXISTING PARCEL NUMBER PROPOSED PARCELS
REFERENCE NUMBERS
INTER-PRO PROPERTY CORPORATION (USA),
AN ARIZONA CORPORATION 423-221-10 PARCEL 1
INTER-PRO PROPERTY CORPORATION (USA),
AN ARIZONA CORPORATION 423-221-09 PARCEL 1
SHEET 1 OF 1
No. 8516PROFESSIONALLAND
S
URVEYORPAUL D O M INICK CRAFTS
T
ATE
OF
CAL I F O R NI APAUL D. CRAFT, P.L.S. 8516
LICENSE RENEWAL DATE: 12/31/22
PREPARED BY ME OR UNDER MY DIRECTION
LEGEND:
PROPOSED PARCEL LINE
EXISTING LOT LINES TO REMAIN
LOT LINES TO BE REMOVED
B
4.00' PUBLIC UTILITY EASEMENT AS
SHOWN ON TRACT NO. 907, M.M. 28/25-26.
SURVEY NOTES:
SCALE: 1"=30'
N
(MAP)
07/15/20219/14/2021
LOT MERGER NO. LM 2021-004
31
V I
A
L
I
D
O
N
O
R
D
499
22.5'22.5'500
501
502
503
TRACT NO. 907
M.M. 28/25-36
P A
R
C
E
L
1
STRADALORCAVIAMENTONECLCLC
LPIEXHIBIT " "
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA -
OWNERS EXISTING PARCEL NUMBER PROPOSED PARCELS
REFERENCE NUMBERS
INTER-PRO PROPERTY CORPORATION (USA),
AN ARIZONA CORPORATION 423-221-10 PARCEL 1
INTER-PRO PROPERTY CORPORATION (USA),
AN ARIZONA CORPORATION 423-221-09 PARCEL 1
No. 8516PROFESSIONALLAND
S
URVEYORPAUL D O M INICK CRAFTS
T
ATE
OF
CAL I F O R NI APAUL D. CRAFT, P.L.S. 8516
LICENSE RENEWAL DATE: 12/31/22
PREPARED BY ME OR UNDER MY DIRECTION
SHEET 1 OF 1
4.00' PUBLIC UTILITY EASEMENT AS
SHOWN ON TRACT NO. 907, M.M. 28/25-26.
SURVEY NOTES:
LEGEND:
PROPOSED PARCEL LINE
EXISTING LOT LINES TO REMAIN
LOT LINES TO BE REMOVED
EXISTING BUILDING OUTLINE
BUILDING LEGEND:
- EXISTING BUILDINGS SHOWN ON LOTS
500, 501 & 502 TO BE DEMOLISHED.
SCALE: 1"=30'
C
N
(SITE PLAN)
07/15/20219/14/2021
LOT MERGER NO. LM 2021-004
32
Attachment No. ZA 4
Project Plans
33
34
35
36
37
LOT 499LOT 501TRACT NO. 907M.M. 28/25-36LOT 503LOT 502LOT 500GRAPHIC SCALEPAUL D. CRAFT, P.L.S. 8516 DATENOTE: SECTION 8770.6 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODESTATES THAT THE USE OF THE WORD CERTIFY OR CERTIFICATION BY ALICENSED LAND SURVEYOR IN THE PRACTICE OF LAND SURVEYING OR THEPREPARATION OF MAPS, PLATS, REPORTS, DESCRIPTIONS OR OTHER SURVEYINGDOCUMENTS ONLY CONSTITUTES AN EXPRESSION OF PROFESSIONAL OPINIONREGARDING THOSE FACTS OR FINDINGS WHICH ARE THE SUBJECT OF THECERTIFICATION AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE,EITHER EXPRESSED OR IMPLIED.LICENSE RENEWAL DATE 12/31/22NCCRAFT
LANS RVEYO
BRICK SURFACELEGENDEXISTING ELEVATION( )AC ASPHALT PAVEMENTTEMPORARY BENCHMARKTBMBLOCK WALLLCCENTERLINEGM GAS METERFSFLFINISHED SURFACEFLOWLINESET ON A WATER METER (WM)ELEVATION = 12.47 FEETSURVEYOR OR ENGINEER SHALL PERMANENTLY MONUMENT PROPERTYCORNERS OR OFFSETS BEFORE STARTING GRADING.PLEASE CALL PAUL CRAFT @ 714-488-5006 TO SCHEDULE.SURVEYOR'S NOTESFFFINISH FLOORNG NATURAL GROUNDTOP OF CURBTCSEARCHED, FOUND NOTHING; SETNOTHINGEGEDGE OF GUTTERWATER METERWMBASIS OF BEARINGS THE BASIS OF BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINEM.M. 28/25-36.VICINITY MAPBENCHMARK INFORMATIONTITLE REPORT/EASEMENT NOTES: 520 VIA LIDO NORDLEGAL DESCRIPTION518 VIA LIDO NORD:REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA AND ISDESCRIBED AS FOLLOWS:LOT 500 IN TRACT NO. 907, IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAPRECORDED IN BOOK 28, PAGES 25-36, OF MISCELLANEOUSMAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAIDCOUNTY.520 VIA LIDO NORD:REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA AND ISDESCRIBED AS FOLLOWS:LOT 501 AND 502 IN TRACT NO. 907, IN THE CITY OF NEWPORTBEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PERMAP RECORDED IN BOOK 28, PAGES 25-36, OFMISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.BENCHMARK NO: NB3-17-77DESCRIBED BY OCS 2002 - FOUND 3 3\4" OCSALUMINUM BENCHMARK DISK STAMPED "NB3-1777",SET IN THE TOP OF A CONCRETE BRIDGEABUTMENT. MONUMENT IS LOCATED IN THESOUTHEAST CORNER OF THE INTERSECTION OF VIALIDO AND THE WEST LIDO CHANNEL, 22.3 FT.SOUTHERLY OF THE CENTERLINE OF VIA LIDO AND0.35 MILES SOUTHEASTERLY OF NEWPORTBOULEVARD. MONUMENT IS SET LEVEL WITH THESIDEWALK.ELEVATION: 24.503 FEET (NAVD88), YEAR LEVELED 2015WOOD FENCE (WDF)WOOD FENCEWDFFFGFINISH FLOOR GARAGECONCRETE SURFACETOP OF DECKTDTELEPHONE MANHOLETMHTOP OF SEAWALLTSWSMH SEWER MANHOLEPC PALM TREE CLUSTERBBQ BARBEQUE EMHELECTRICAL MANHOLECURVE TABLECURVEDELTALENGTHRADIUSC230.01'772.50'C330.06'772.50'C160.07'772.50'TITLE REPORT/EASEMENT NOTES: 518 VIA LIDO NORDROOF SURFACESEAWALL38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
Good Morning,
Please find below comments from Coastal Commission on my items for Zoning Administrator on
Wednesday, November 24th.
From: Rehm, Zach@Coastal <Zach.Rehm@coastal.ca.gov>
Sent: November 15, 2021 5:06 PM
To: Whelan, Melinda <MWhelan@newportbeachca.gov>
Subject: Project File No PA2021-183, CD2021-033 (518 and 520 Via Lido Nord)
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Hi Melinda, please provide the following comments from Coastal Commission staff to the
applicant and the zoning administrator for the referenced item.
The application to demolish two housing units and construct one housing unit is
inconsistent with California housing law which does not allow local governments to approve
projects which result in a net loss of housing. The State legislature has clarified that
construction of single family homes are housing development projects (the City previously
misinterpreted single family homes to be exempt). Additionally, the Coastal Act and LCP
require all impacts associated with a development to be considered at the time of the
development approval, not piecemealed. Thus, if the applicant intends to demolish two
homes and construct two homes, they should be part of the same application subject to the
same conditions.
Additionally, the project description references "a request for staff approval for grade
establishment for accessory structures within the front yard along the water." Please note
LCP policies requiring minimization of land alteration near the natural shoreline and note
that alteration of the bulkhead requires a CDP from the Coastal Commission. Please also
note the setback policies for accessory development.
These are preliminary comments based on review of the City's hearing notice; staff may
have additional comments as the project develops. Feel free to call me to discuss.
--
Zach Rehm
District Supervisor
California Coastal Commission
301 E. Ocean Blvd, Suite 300
Long Beach, CA 90802
(562) 590-5071
To submit an appeal, emergency permit application, or PRA request please email: southcoast@coastal.ca.gov
Zoning Administrator - December 16, 2021 Item No. 2a Additional Materials Received for Prior Meeting Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
DATE: November 23, 2021
TO: Jaime Murillo, Zoning Administrator, City of Newport Beach
FROM: Anne Fox, Senior Planner, MIG, Inc.
SUBJECT: Continuance Request – November 24th Agenda Item Nos. 4 & 5
As the authorized representative of Inter-Pro Property Corporation, I am respectfully
requesting that the subject Zoning Administrator Agenda items scheduled for hearing at
your November 24th meeting be continued to the next available meeting of December 16,
2021. This request is being made for both of the following Agenda items:
Item No. 4
Lot Merger No. LM2021-004, Coastal Development Permit No. CDP No. CD2021-033 &
Staff Approval No. SA2021-008 (PA2021-183)
520 Via Lido Nord (Currently 518 and a portion of 520 Via Lido Nord)
Item No. 5
Coastal Development Permit No. CDP No. 2021-056 (PA2021-215)
522 Via Lido Nord (Currently a portion of 520 Via Lido Nord)
Thank you for your consideration of this matter. I can be reached at annef@migcom.com
or via my mobile number on file should you have any questions.
Zoning Administrator - December 16, 2021 Item No. 2a Additional Materials Received for Prior Meeting Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
November 24, 2021, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item 4. Inter-Pro Property Corporation Residence Lot Merger No.
LM2021-004, Coastal Development Permit No. CD2021-033 and Staff
Approval No. SA2021-008 (PA2021-183)
Since this requires the demolition of a building extending onto an adjacent lot, it is very difficult
to see how this and Item 5 (for that other lot) can be viewed as separate projects and not part of
a single development.
It also seems unusual that neither the staff report nor the proposed resolution discuss the
compatibility of the recommended action with the Housing Crisis Act of 2019’s prohibition of
approval of projects that result in reductions in residential density, as the Item 4 staff report says
this does (from two units to one). The closest I could find was a statement in the case log for
Item 5 that “Under PA2021-183 and the subject PA2021-215, a total of two-single family
dwellings are being demolished and a total of two-single-family dwellings will be constructed,
with no loss or increase of the total number of dwelling units.”
City of Newport Beach staff has interpreted the 2019 Act to not apply to projects in which the
final product is a single family home. Yet, on September 16, 2021, the Governor signed this
year’s SB 8, which says that its provisions with respect to this, which make clear the 2019 Act
does apply to projects resulting in a single family home, “do not constitute a change in, but are
declaratory of, existing law.” However, despite the new law saying this is not a new rule, it
rather confusingly adds that its clarification “shall not affect a project for which an application
was submitted to the city, county, or city and county before January 1, 2022.”
So apparently the City can proceed with approvals that rely on its erroneous interpretation of the
law for applications submitted prior to January 1. And, when considered together with Item 5,
there may be no reduction in actual density here.
Nonetheless, the requested lot merger appears to reduce three existing R-1 lots to two and that
reduction in theoretical development potential seems problematic from a Coastal Act
perspective, especially in view of the Coastal Commission’s recent insistence, when it reviews
applications, that reductions in residential development potential be mitigated by the provision of
a compensating number of accessory dwelling units in the resulting project.
Moreover, approval of the lot merger will sanction a density inconsistent with the Coastal Land
Use Plan. The staff report says the CLUP Category of these properties is RSD-C (Single Unit
Residential Detached 10.0 - 19.9 DU/AC). It also says the merged lot will be approximately
5,561 square feet in area, which is 0.128 acres. With the two currently-allowed units that figures
to a density of 15.7 du/ac, comfortably in the middle of the CLUP-designated range. But after
reducing the development potential to a single unit, the density will be 7.8 du/ac, which is clearly
outside the range.
And although the staff report notes the minimum lot size of 5,000 square feet for new
subdivision stated in the Implementation Plan, it does not explain how that requirement could
Zoning Administrator - December 16, 2021 Item No. 2a Additional Materials Received for Prior Meeting Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
November 24, 2021, ZA agenda Item 4 comments - Jim Mosher
have been found to implement the CLUP, since it would result in densities, as here, clearly
inconsistent with CLUP (8.7 du/ac or less).
An additional problem not addressed in the staff report or resolution involves the docks. Figure 1
of the staff report suggests there are currently separate docks associated with Lot 500 and Lot
501.The merged lot will then have two docks, and Lot 502 (the subject of Item 5) will have
none. I do not believe the LCP or other Newport Beach regulations allow a residential lot to
have two docks, and I’m not sure they can be added to one that currently doesn’t have one.
Handwritten page 49 appears to show the westerly dock being moved.
As to the waiver of the parcel map, there are maps provided (as Attachment ZA 3, “Lot Merger
Exhibits”) which seem to show the creation of a new parcel. This is not a parcel map?
Finally, it is good to see the “staff approval” for grade establishment has been combined with the
parts of the application requiring approval at a public meeting and not quietly approved ahead of
consideration of the other parts of the proposal. But it is not clear from the staff report if part of
the project is to fill the depressed area that prompted the need for a grade establishment.
Specific comments:
Handwritten page 12, paragraph 1.2: “The property at 518 Via Lido Nord is legally descirbed
described as Lot 500 in Tract 907 and the property at 520 Via Lido Nord is legally described as
Lot 501 and Lot 502 in Tract 907.”
Handwritten page 13, end of paragraph 2.2: “This exemption includes a minor lot merger not
resulting in the creation of any new parcel that complies with the conditions specified above.”
[should “complies with” be “violates”?]
Handwritten page 14, paragraph C.1: “The merged lots will retain the R-1 (Sinlge Single-Unit
Residential) zoning designation, consistent with the surrounding area.”
Handwritten page 14, paragraph C.2: Because of the density issue stated earlier, the
statement that “the merger is consistent with the land use designations of the General Plan
and Coastal Land Use Plan” is questionable.
Handwritten page 17, paragraph G.1: “The newly created parcel will comply with all
development standards for the R-I R-1 Coastal Zoning District.”
Handwritten page 17, paragraph G.2.c: “The highest guardrail and roof is less than 24 feet
from established grade of 12.77 feet North American Vertical Datum of 1988 (NAVD88), which
comply complies with the maximum height requirements.”
Handwritten page 17, paragraph G.2.d: “The project includes garage parking for a total of four
(4) vehicles complying with the minimum four (4)-car parking requirement for duplexes.” [Is this
regarded as a duplex? If so, how is that consistent with the RSD-C designation and R-1 zoning?
Also, the floor plan on handwritten pages 49 and 54 seem to show a two-car garage. Is tandem
parking planned?]
Handwritten page 17, paragraph G.4: “Therefore, the sea level is estimated to reach
approximately 10.90 feet (NAVD88) - (the likely range for sea level rise over the 75-year design
life of the structure based on low risk aversion estimates for sea level rise provided by the State
Zoning Administrator - December 16, 2021 Item No. 2a Additional Materials Received for Prior Meeting Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
November 24, 2021, ZA agenda Item 4 comments - Jim Mosher
of California, Sea Level Rise Guidance: 2018 Update).” [note: It is unclear how “10.90 feet” was
obtained by adding “a 3.0-foot increase” to the existing “7.7 feet.”]
Handwritten page 17, paragraph G.4: “Flood shields (sandbags and other barriers) can be
deployed across the openings to protect and prevent flooding to the structure.” [It is not
obvious what “openings” this is referring to.]
Handwritten page 18, paragraph 8: “The WQMP includes a polluted runoff and hydrologic site
characterization, a sizing standard for BMPs, use of an 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.”
Handwritten page 18, paragraph 10: “The nearest coastal viewpoint is across the bay at Kings
Road Park and is not visible from the site.” [The next sentence says the site is in the view
shed of the park, which implies the park is visible from the site.]
Handwritten page 19, paragraphs 12 and H.1: “The project replaces an existing single-family
residence located on a standard residential lot with a new single-family residence.” [That does
not seem an accurate description of the project since it replaces one residence and parts of
another with a single residence on a newly-created and arguably non-“standard” lot for Lido
Isle.]
Handwritten page 19, paragraph H.2: “Vertical and lateral access to the bay and beach is
available 280 feet northwest of the property at the terminus of Via Koron, where there is access
to the beach along the bay. Additionally, vertical and lateral access is available at the park at the
terminus of Via Orvieto which is also along the beach.” [This would seem to imply the property is
fronted by a beach to which the public has lateral access via these two points. That is not clear
from the aerial photo and does not appear to be true.]
Handwritten page 21, paragraph 4.3: “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 Program (LCP) Implementation Plan, of the Newport Beach Municipal
Code.” [Is there a different appeal procedure for the lot merger (which appears to require
approval under Title 19, as well)?]
Handwritten page 23, Condition 10: Is there doubt as to whether some of development
described in the staff report is “on California Coastal Permit Jurisdiction, State tidelands, public
beaches, or the public right-of-way“? Is this condition saying the applicant has to provide
documentation from the CCC even for improvements for which there is no doubt? Or is it meant
to apply only to changes in the dock configuration and possibly work on the bulkhead?
Handwritten page 24, Condition 21: “This Coastal Development Permit may be modified or
revoked by the Zoning Administrator if it is determined that the proposed uses or conditions
under which it is being operated or maintained is are 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.”
Zoning Administrator - December 16, 2021 Item No. 2a Additional Materials Received for Prior Meeting Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
November 24, 2021, ZA agenda Item 4 comments - Jim Mosher
Handwritten page 25, Condition 29: “Construction activities shall comply with Section
10.28.040 (Construction Activity Noise Regulations) of the Newport Beach Municipal Code,
which restricts hours of noise-generating construction activities that produce noise to between
the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on
Saturday.” [The next sentence says “Noise-generating construction activities are not allowed on
Saturdays, Sundays or Holidays.”]
Handwritten page 25, Condition 31: “Prior to the issuance of building permit permits, the
applicant shall pay any unpaid administrative costs associated with the processing of this
application to the Planning Division.”
Handwritten page 41: The arrow to the “Project site” in the inset in the lower right (pointing to a
lot in the Lido Village area) has no obvious relation to the project site on “Lido Island” (“Lido Isle”
according to Tract Map No. 907) described in the staff report.
Zoning Administrator - December 16, 2021 Item No. 2a Additional Materials Received for Prior Meeting Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
From:Jim Mosher
To:CDD
Subject:Comments on 12/16/2021 Zoning Administrator Items 2 & 3
Date:December 15, 2021 11:14:25 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Although it is not apparent from either the agenda or the current staff reports, the
public notices for Item 2 and Item 3 at the December 16, 2021, Newport Beach
Zoning Administrator hearing indicate they were continued from the November 24
hearing, at which they were heard as Item 4 and 5.
The archived records for Item 4 from November 24 indicate comment letters about it
and former Item 5 were received from Coastal Commission District Supervisor ZachRehm and from me (see pages 62 through 67 of the 67-page Item 4 PDF archive and
my letter on pages 46 through 47 of the 47-page Item 5 PDF archive).
Those letters independently questioned whether the two items could be considered
as separate developments or were part of a single one. The Coastal Commission
letter additionally asserts that the City lacks authority to approve alterations to the
bulkhead, while mine pointed out a number of typographical errors in the staff report.
As best I can tell, the present staff reports differ from the previous ones only in the
date and item number on the first page and the hearing date stated in the proposed
resolutions.
As such, they do not acknowledge, let alone address, the earlier comments.
Isn't this unusual?
Shouldn't the resolution at least state that a hearing was scheduled for November 24,
but continued?
If, instead, staff has determined that the comments submitted on November 24 do notcount, I would like to reassert mine.
Yours sincerely,
Jim Mosher
Zoning Administrator - December 16, 2021 Item No. 2b Additional Materials Received Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
10-18-2021
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER NO. LM
2021-004, COASTAL DEVELOPMENT PERMIT NO. CD2021-033
AND STAFF APPROVAL NO. SA2021-008 TO DEMOLISH TWO
EXISTING SINGLE-FAMILY DWELLINGS, MERGE TWO LOTS
UNDER COMMON OWNERSHIP AND CONSTRUCT A NEW TWO
(2)-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED
FOUR (4)-CAR GARAGE LOCATED AT 518 AND 520 VIA LIDO
NORD (PA2021-183)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Anne Fox, MIG, Inc., with respect to property located at 518
and 520 Via Lido Nord, requesting approval of a lot merger, coastal development permit
and staff approval for establishment of grade.
2.The property at 518 Via Lido Nord is legally describedirbed as Lot 500 in Tract 907 and
the property at 520 Via Lido Nord is legally described as Lot 501 and Lot 502 in Tract
907.
3.The applicant proposes a lot merger and coastal development permit to allow the
demolition of two (2) single-family residences at 518 Via Lido Nord (Lot 500) and 520 Via
Lido Nord (Lot 501 and Lot 502), the merger of two (2) lots under common ownership (Lot
500 and Lot 501) to create a single parcel, and the construction of a 6,091-square-foot,
two (2)-story, single-family residence including an attached 803-square-foot, four (4)-car
garage. The merged lot and new development will retain the address of 520 Via Lido Nord.
The remaining Lot 502 will be assigned the new address of 522 Via Lido Nord and will be
developed with an additional single-family dwelling under a separate coastal development
permit (PA2021-215). The project includes reinforcing and raising an existing bulkhead.
Additionally, a request for a staff approval is included for grade establishment within the
front yard area along the water on the existing 520 Via Lido Nord property (Lot 501 and
Lot 502).
4.The subject properties are designated RS-D (Single Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1 (Single-Unit Residential)
Zoning District.
5.The subject properties are located within the coastal zone. The Coastal Land Use Plan
category is RSD-C (Single Unit Residential Detached – 10.0 – 19.9 DU/AC) and it is
located within the R-1 (Single-Unit Residential) Coastal Zone District.
5.Implementation of CD2021-033 and CD2021-056, as conditioned, will result in no net loss
of density.
Formatted: Font: (Default) Arial, Condensed by 0.15 pt
Formatted: Left, Indent: Left: 0.5", No bullets ornumbering, Hyphenate, Tab stops: Not at -3.44"
Formatted: Font: (Default) Arial, Condensed by 0.15 pt
Formatted: List Paragraph,Discussion Text - List Paragraph,Indent: Hanging: 0.5", Numbered + Level: 1 + NumberingStyle: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: -3.44", Left + Not at
-0.5"
Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
Zoning Administrator Resolution No. ZA2021-###
Page 2 of 17
10-05-2021
6. A public hearing was held scheduled on November 24, 2021 and continued to on
December 16, 2021. The public hearing was held , online via Zoom. 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.
6.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Sections 15315 and 15303, Division 6, Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act (CEQA) under Class 15 (Minor
Land Divisions) and Class 3 (New Construction or Conversion of Small Structures),
because it has no potential to have a significant effect on the environment.
2. Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four (4) or fewer parcels when the division
is in conformance with the General Plan and Zoning; no variances or exceptions are
required; all services and access to the proposed parcels are available; the parcel was
not involved in a division of a larger parcel within the previous two (2) years; and the
parcel does not have an average slope greater than 20 percent. This exemption includes
a minor lot merger not resulting in the creation of any new parcel thatand complies with
the conditions specified above.
3. Class 3 exempts the demolition of up to three (3) single-family residences and additions
of up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of two (2) single-family residences and the construction of a new 6,091-
square-foot single-family dwelling with an attached 803-square-foot, four (4)-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
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.
4. 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.
Lot Merger
Formatted: Normal, No bullets or numbering
Formatted: Left, Indent: Left: 0.5", No bullets or
numbering, Hyphenate, Tab stops: Not at -0.5"
Formatted: Condensed by 0.15 pt
Formatted: Font: (Default) Arial, Condensed by 0.15 pt
Formatted: Indent: Left: 0.5", No bullets or numbering
Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
Zoning Administrator Resolution No. ZA2021-###
Page 3 of 17
10-05-2021
In accordance with Sections 19.68.030(H) (Lot Mergers – Required Findings) of the NBMC,
the following findings and facts in support of such findings are set forth:
Finding:
A. Approval of the merger will not, under the circumstances of this particular case, be
detrimental to the health, safety, peace, comfort and general welfare of persons residing
or working in the neighborhood of such proposed use or be detrimental or injurious to
property and improvements in the neighborhood or the general welfare of the City, and
further that the proposed lot merger is consistent with the legislative intent of this title.
Facts in Support of Finding:
1. The proposed lot merger will combine two (2) lots under common ownership by removing
the interior lot line between them. The merging of the two (2) lots will not result in the
creation of additional parcels.
2. The project is in an area with an average slope of less than 20 percent.
3. The lot merger is consistent with the purpose and intent of NBMC Title 19 (Subdivisions).
Finding:
B. The lots to be merged are under common fee ownership at the time of the merger.
Fact in Support of Finding:
1. The two (2) lots to be merged are under common fee ownership and are conditioned to
remain under common fee ownership prior to recordation of the lot merger.
Finding:
C. The lots as merged will be consistent or will be more closely compatible with the
applicable zoning regulations and will be consistent with other regulations relating to the
subject property including, but not limited to, the General Plan and any applicable
Coastal Plan or Specific Plan.
Facts in Support of Finding:
1. The merged lots will retain the R-1 (Sinlge-Unit Residential) zoning designation, consistent
with the surrounding area. The R-1 Zoning District is intended to provide for a maximum
of one (1) residential dwelling unit located on a single legal lot.
2. The Land Use Element of the General Plan designates both properties as RS-D (Single-
Unit Residential Detached), which applies to single-family residential dwelling units. The
Coastal Land Use Plan designates the properties as RSD-C (Single-Unit Residential
Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
Zoning Administrator Resolution No. ZA2021-###
Page 4 of 17
10-05-2021
Detached – 10.0 - 19.9 DU/AC) which provides for density ranges from 10.0-19.9 dwelling
units per acre. The land use will remain the same and the merger is consistent with the
land use designations of the General Plan and Coastal Land Use Plan.
3. The subject properties are not located within a specific plan area.
4. Newport Beach Municipal Code Title 21 21.18.030 (Residential Coastal Zoning Districts
General Development Standards) establishes the minimum standards required for lot
creation. The minimum lot width required and the minimum lot area required in the R-I
zoning district is 50 feet and 5,000 square feet respectively. The underlying lots on the
same block and throughtout Lido Island are all substandard to these requirements with
underlying lots having approximatley 30-foot widths and 90-foot lengths. The existing 520
Via Lido Nord complies with these standards because it uses two (2) underlying legal lots.
518 Via Lido Nord is the standard Lido Island lot size with approximatley 30-foot width and
90-foot legnth. The width of the merged lot will be approximately 60 feet and the lot area
will be approximately 5,561 square feet. This width and area is consistent with the existing
width and area of 520 Via Lido Nord and is also consistent with other merged lots within
the same block and throughout Lido Island.
Finding:
D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a
result of the merger.
Fact in Support of Finding:
1. Legal access for vehicular traffic is provided from Via Lido Nord and will remain unchanged.
Pedestrian access will be provided from Via Lido Nord. The site does not currently provide
access to any other properties. No adjoining parcels will be deprived of legal access as a
result of the merger.
Finding:
E. The lots as merged will be consistent with the pattern of development nearby and will
not result in a lot width, depth or orientation, or development site that is incompatible
with nearby lots. In making this finding, the review authority may consider the following:
a. Whether the development of the merged lots could significantly deviate from the
pattern of development of adjacent and/or adjoining lots in a manner that would result
in an unreasonable detriment to the use and enjoyment of other properties.
b. Whether the merged lots would be consistent with the character or general
orientation of adjacent and/or adjoining lots.
c. Whether the merged lots would be conforming or in greater conformity with the
minimum lot width and area standards for the zoning district.
Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
Zoning Administrator Resolution No. ZA2021-###
Page 5 of 17
10-05-2021
1. Lido Island has a unique shape along the waterfront which results in lots of various
shapes and sizes. Properties within the 500 block of Via Lido Nord vary in size and width
and, although the proposed lot merger will create a lot that is larger than the immediately
adjoining lots, it will not create an excessively large lot in comparison to other existing
lots on the Island. There are existing lots similar in size to the merged lot. Some
examples include 544 Via Lido Nord (5,400 square feet), 524 Via Lido Nord (4,050
square feet), 521 Via Lido Nord (4,539 square feet), 618 Via Lido Nord (6,975 square
feet), and 633 Via Lido Nord (5,016 square feet). Larger lots, such as 524 Via Lido Nord,
544 Via Lido Nord and 537 Via Lido Nord can be found within the same block as the
site. Also, the existing 520 Via Lido Nord is the same size as the proposed 520 Via Lido
Nord, just a shift of the lots. The majority of the comparable parcels are waterfront
development or just across the street from the water, and this lot merger would be
consistent with this pattern.
2. The width of the merged lots will be approximately 60 feet which is not excessive. The
merged lot does not develop previously underdeveloped land, nor does it disrupt the
character or livability of the neighborhood.
3. Orientation and access to the parcel would remain from Via Lido Nord. The resulting lot
configuration will not change the existing pattern of development in the area.
4. Fact in Support of Finding C.4 is hereby incorporated by reference.
Waiver of Parcel Map
In accordance with Section 19.08.30(A)(3) (Waiver of Parcel Map Requirement) of the NBMC,
the Zoning Administrator may approve a waiver of the parcel map requirement in cases where
no more than three (3) parcels are eliminated. The following finding and facts in support of such
finding are set forth:
Finding:
F. The proposed division of land complies with requirements as to area, improvement and
design, flood water drainage control, appropriate improved public roads and property
access, sanitary disposal facilities, water supply availability, environmental protection,
and other applicable requirements of this title, the Zoning Code, the General Plan, and
any applicable Coastal Plan or Specific Plan.
Facts in Support of Finding:
1. Approval of the proposed lot merger would remove the existing interior lot lines and allow
the property to be utilized as a single site. The proposed lot would comply with all design
standards and improvements required for new subdivisions by Title 19, the Zoning Code,
and General Plan.
2. The subject property is not subject to a specific plan. The property complies with the
requirements of Title 21 LCP Implementation Plan, as detailed in the following section
(Findings G and H).
Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
Zoning Administrator Resolution No. ZA2021-###
Page 6 of 17
10-05-2021
3. The proposed lot merger combines two (2) contiguous lots under common ownership
into a single parcel of land and does not result in the elimination of more than three (3)
parcels.
4. The merged lot is within an urban environment and will be served by existing public
utilities.
Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
Zoning Administrator Resolution No. ZA2021-###
Page 7 of 17
10-05-2021
Coastal Development Permit
In accordance with Section 21.52.015(F) (Coastal Development Permits – Findings and
Decision) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
G. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The newly created parcel will comply with all development standards for the R-I1 Coastal
Zoning District. Facts in support of Finding C.1, C.2, and C.4 are incorporated here by
reference.
2. 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 8,178 square feet and the proposed floor area
is 6,091 square feet.
b. The proposed development provides the minimum required setbacks, which are 10
feet along the front property line abutting the water, 4 feet along each side property
line, and 4 feet along the street frontage property line on Via Lido Nord.
c. The highest guardrail and roof is less than 24 feet from established grade of 12.77
feet North American Vertical Datum of 1988 (NAVD88), which complyies with the
maximum height requirements.
d. The project includes garage parking for a total of four (4) vehicles complying with
the minimum four three (3)-car parking requirement for duplexessingle-unit
dwellings 4,000 square feet or greater.
3. The neighborhood is predominantly developed with two (2)-story, single-family
residences. The proposed design, bulk, and scale of the development is consistent with
the existing neighborhood pattern of development consistent with applicable
development standards.
4. A Coastal Hazards Report, Sea Level Rise Analysis and Bulkhead Conditions Report
was prepared by PMA Consulting, Inc. dated July 26, 2021, for the project. The current
maximum bay water elevation is 7.7 feet (NAVD88), and the existing bulkhead is 8.83
feet (NAVD88). The report analyzes future sea level rise scenarios assuming a 3.0-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 10.90 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 project includes reinforcing and raising the existing
seawall to 12.30 feet (NAVD88) with an adaptability elevation of 14.4 feet (NAVD88).
Formatted: Left
Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
Zoning Administrator Resolution No. ZA2021-###
Page 8 of 17
10-05-2021
This is above the minimum required 10.9 feet (NAVD88). Flooding, wave runup, and
erosion will not significantly impact this property over the proposed 75-year economic
life of the development. Flood shields (sandbags 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 reasonably safe from flooding hazards for
the next 75 years. A Coastal Hazards Report and Sea Level Rise Analysis was prepared
by PMA Consulting, Inc. dated July 26, 2021, for the project. The current maximum bay
water elevation is 7.7 NAVD88 (North American Vertical Datum of 1988 (NAVD88) and
may exceed the existing 8.83 feet NAVD88 top of bulkhead elevation during high tide or
storm events. The report analyzes future sea level rise scenarios assuming a 3-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 10.7 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).
5. On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities.
The guidelines require that any bulkhead structure permitted within the years 2021
through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD 88) with a
design for adaptability elevation of 14.4 feet (NAVD 88). The project has been
conditioned to raise the bulkhead to an elevation of 12.30 feet (NAVD 88) per the
proposed plans. PMA Consulting, Inc. has confirmed the bulkhead design can be raised
up to 14.4 feet (NAVD 88) if needed and in compliance with the updated guidelines.
4.6. Once the existing seawall/bulkhead is reinforced and raised per the report’s
recommendations, flooding, wave runup, and erosion will not significantly impact this
property over the proposed 75-year economic life of the development. The report
concludes that the proposed project will be safe from flooding hazards for the next 75
years with the reinforced and raised bulkhead. Therefore, the project has been
conditioned to raise the bulkhead to the 12.30 feet (NAVD88)
per the approved plans.
5.7. The finished floor elevation of the proposed single-family residence is 12.61 feet
(NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard. The
Coastal Hazards Report concludes that the bay water elevation will not exceed the
proposed finished floor for the anticipated 75-year life of the structure.
6.8. 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.
Formatted: Font: (Default) Times New Roman, Bold
Formatted: Normal, Left, No bullets or numbering
Formatted: Not Highlight
Formatted: Font: (Default) Times New Roman
Formatted: Left, Indent: Left: 0.5", No bullets ornumbering
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
Zoning Administrator Resolution No. ZA2021-###
Page 9 of 17
10-05-2021
7.9. The property is 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.
8.10. 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 Management Plan (WQMP) is required. A preliminary WQMP
has been prepared in July 27, 2021 for the project by Forkert Engineering & Surveying,
Inc. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing
standard for BMPs, use of an Low Impact Development (LID) approach to retain the design
storm runoff volume on site, and documentation of the expected effectiveness of the
proposed BMPs.
9.11. Proposed landscaping complies with Section 21.30.075 (Landscaping) of the NBMC. 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
10.12. 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 across the bay at Kings Road Park and is not visible from the site. As currently
developed, the existing property and other residences along the bay and Via Lido Nord are
located within the view shed of the park and 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.
11.13. 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 residence,
which is visible from the bay, provides additional setbacks for the first floor and the living
areas on the second floor where the required setback is 10 feet. The proposed residence
includes two (2) stories and reaches a maximum height of 24 feet, where three (3) stories
and a maximum height of 29 feet is allowed per the NBMC. Lastly, the design includes
modulation of volume throughout the structure and low front site walls that prevent the
appearance of the site being walled off from the bay. Therefore, 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.
12.14. The project replaces an existing single-family residence located on standard residential 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.
Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
Zoning Administrator Resolution No. ZA2021-###
Page 10 of 17
10-05-2021
Finding:
H. 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 is located between the nearest public road and the sea or shoreline.
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 located on a standard
residential 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 and lateral access to the bay and beach is available 280 feet northwest of the
property at the terminus of Via Koron, where there is access to the beach along the bay.
Additionally, vertical and lateral access is available at the park at the terminus of Via
Orvieto which is also along the beach. Additional vertical access points to the water are
located at the terminus of Via Orvieto. The project does not include any features that would
obstruct access along these routes.
Staff Approval for Grade Establishment
In accordance with Section 20.30.050 (C) – (Grade Establishment) and 21.30.050 (C) – (Harbor
and Bay Regulations) If the Director finds that the existing grade on the subject lot has been
previously altered (e.g., contains retaining structures, property line walls, planters, or
excavation/fill), or other conditions are present to the degree that the existing grade is not
representative of the prevailing grades on adjoining lots and/or the general area and, therefore,
is not appropriate for the purpose of establishing the grade of the subject lot, the Director may
establish the grade that is reasonable and comparable with the grades of adjoining lots and
that will not be detrimental or injurious to property and improvements on adjoining lots.
Finding:
I. The existing grade on the subject lot has been previously altered (e.g., contains retaining
structures, property line walls, planters, or excavation/fill), or other conditions are
present to the degree that the existing grade is not representative of the prevailing
grades on adjoining lots and/or the general area and, therefore, is not appropriate for
the purpose of establishing the grade of the subject lot.
Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
Zoning Administrator Resolution No. ZA2021-###
Page 11 of 17
10-05-2021
Facts in Support of Finding:
1. The Applicant is redeveloping the property with a new single-unit residence; however,
the grades along the front setback area (waterfront) include depressed areas that are
not representative of the prevailing grades on the two (2) adjoining properties. This
grade differential creates design constraints and unfairly restricts the heights of
accessory structures below those of the neighboring properties.
2. The subject property is currently developed with a planter within the front yard along the
waterfront with an elevation of approximately 8.7 feet (NAVD88). This planter elevation
is approximately 4 feet lower than the immediately adjacent properties on both sides
and, therefore, not appropriate for the purposes of measuring height of the accessory
structures.
Finding:
J. The grade is reasonable and comparable with the grades of adjoining lots and will not
be detrimental or injurious to property and improvements on adjoining lots.
Fact in Support of Finding:
1. Allowing a higher grade of 12.71 feet (NAVD88), which is an average elevation between
the adjacent property’s front yards along the waterfront, would provide the property with
a grade elevation that is compatible with those of the neighboring properties and
equitable for the purposes of measuring heights of accessory structures within the front
setback.
Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
Zoning Administrator Resolution No. ZA2021-###
Page 12 of 17
10-05-2021
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 15315 under
Class 15 (Minor Land Divisions) and 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. The exceptions to the Class 3 exemption do not apply.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2021-033, Lot Merger No. LM2021-004 and Staff Approval
No. SA2021- 008 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 19
Subdivisions) and Title 21 Local Coastal Program (LCP) Implementation Plan, of the
Newport Beach Municipal Code. Final action taken by the City on the Coastal
Development Permit may be appealed to the Coastal Commission in compliance with
Section 21.64.035 (Appeal to the Coastal Commission) 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 16TH DAY OF DECEMBER, 2021.
_____________________________________
Jaime Murillo, Zoning Administrator
Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
Zoning Administrator Resolution No. ZA2021-###
Page 13 of 17
10-05-2021
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 recordation of the lot merger, the two (2) lots shall be held entirely under one (1)
common fee ownership.
3. Prior to recordation of the lot merger, the two (2) single-family dwellings located at 518 Via
Lido Nord and 520 Via Lido Nord shall be permitted and finaled for demolition permits.
4. Prior to recordation of the lot mergerthe final of building permits, the pier and slip that
straddles the property line between 520 Via Lido Nord and 522 Via Lido Nord shall be
reconfigured and permitted to comply with Municipal Code Section 17.35.020.A.7. and
17.35.020.B.1.
5. The map lot merger shall be submitted to the Public Works Department for final map
review and approval. All applicable fees shall be paid.
6. Prior to the issuance of building permits for construction across the existing interior lot
lines, recordation of the lot merger documents with the County Recorder shall be
required.
7. The grade for the purposes of measuring height of accessory structures within the 10-
foot front yard setback along the waterfront, authorized by this determination shall be
based on the grade of 12.71 feet (NAVD88).
8. Prior to final of building permits, the existing seawall shall be reinforced and capped to
12.30 feet (NAVD 88) and capable to be raised up to 14.4 feet (NAVD 88), in compliance
with the City of Newport Beach Waterfront Project Guidelines and Standards, Harbor
Design Criteria Commercial and Residential Facilities in accordance with the
recommendations provided in the Coastal Hazards Report and Bulkhead Conditions
Report prepared by PMA Consulting, Inc., dated July 26, 2021.
9. 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.
10. Prior to the final building permit inspection for the dwelling at 520 Via Lido Nord, building
permits for the new dwelling at 522 Via Lido Nord (CD2021-056) shall be issued and
Formatted: Underline
Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
Zoning Administrator Resolution No. ZA2021-###
Page 14 of 17
10-05-2021
construction commenced to ensure no net loss of housing units through project
implementation.
11. 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. This letter shall be scanned into the plan set prior to building permit issuance.
12. This approval does not authorize any new or existing improvements (including
landscaping) on California Coastal Permit Jurisdiction, State tidelands, public beaches,
or the public right-of-way. Any improvements located on tidelands, submerged lands,
and/or lands that may be subject to the public trust shall require a coastal development
permit (CDP) approved by the California Coastal Commission (Coastal Commission).
Prior to the issuance of building permits, the applicant shall provide a copy of said
coastal development permit or CDP waiver or documentation from the Coastal
Commission that subject improvements are not subject to the permit requirements of
the Coastal Act and/or not located within the permit jurisdiction of the Coastal
Commission.
13. 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.
14. This Coastal Development Permit does not authorize any development seaward of the
private property.
15. 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.
Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
Zoning Administrator Resolution No. ZA2021-###
Page 15 of 17
10-05-2021
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 (1) or two (2) short follow-up surveys will be necessary to check on the nest
and determine when the nest is no longer active.
16. 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.
17. 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.
18. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stock piles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
19. 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.
20. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
21. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
22. 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.
23. This Coastal Development Permit may be modified or revoked by the Zoning
Administrator if it is determined that the proposed uses or conditions under which it is
being operated or maintained is are 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.
24. 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.
Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
Zoning Administrator Resolution No. ZA2021-###
Page 16 of 17
10-05-2021
25. 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.
26. 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.
27. Prior to 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.
28. 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.
29. 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.
30. 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.
31. Construction activities shall comply with Section 10.28.040 – (Construction Activity—
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of
noise-generating construction activities that produce noise to between the hours of 7:00
a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday.
Noise-generating construction activities are not allowed on Saturdays, Sundays or
Holidays.
32. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 – (Community Noise Control) and other applicable noise control requirements of
the Newport Beach Municipal Code. The maximum noise shall be limited to no more
than depicted below for the specified time periods unless the ambient noise level is
higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)
Zoning Administrator Resolution No. ZA2021-###
Page 17 of 17
10-05-2021
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
33. Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
34. 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.
35. This Coastal Development Permit No. CD2021-033 and Lot Merger No. LM2021-004 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.
36. 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 Inter-Pro Property Corporation Residence including, but not limited to, Coastal
Development Permit No. CD2021-033, Lot Merger No. LM2021-004 and Staff Approval
No. SA2021-008 (PA2021-183). 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.
Zoning Administrator - December 16, 2021 Item No. 2c Additional Materials Received at Meeting from Staff Inter-Pro Property Corporation Residence Lot Merger, CDP, and Staff Approval (PA2021-183)