HomeMy WebLinkAboutPA2022-067_20220802_Resolution_ZA2022-052Community Development Department
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
VIA EMAIL
August 2, 2022
Ms. Elizabeth Hanna
Brandon Architects
151 Kalmus Drive
Costa Mesa, CA 92626
elizabeth@brandonarchitects.com
Subject: Coastal Development Permit No. CD2022-023 (PA2022-067)
at 1616 West Ocean Front (Smith 507 LLC Residence)
It was a pleasure working with you on the above referenced application. Please be
advised that the subject application was approved by the Zoning Administrator on
August 2, 2022 and is now within the required City appeal period until August 16,
2022. If no appeals are filed with the City, a Notice of Final Action will be mailed to
the California Coastal Commission. Upon receipt of the notice by the Coastal
Commission, the action will be subject to an additional 10-working-day appeal period.
You may track status of the Coastal Commission appeal period via the following link:
Statewide Appealable Projects PDF
At the conclusion of both appeal periods, a building permit may be issued for the
project.
A copy of the approved resolution with findings and conditions is attached. If you
have any questions, please do not hesitate to contact me directly. Thank you and I
look forward to working with you again in the future.
Sincerely,
ls/MKN
RESOLUTION NO. ZA2022-052 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2022-023 TO CONSTRUCT A NEW THREE (3)-STORY, SINGLE-FAMILY RESIDENCE WITH AN ATTACHED TWO (2)-CAR GARAGE ON A VACANT LOT AT 1616 WEST OCEAN FRONT (PA2022-067)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brandon Architects (“Applicant”), on behalf of Smith 507, LLC, LLC (“Owner”), with respect to property located at 1616 West Ocean Front, requesting approval of a coastal development permit (“CDP”). The property is legally described as Lot 8, Block 16 of A Tract, in the City of Newport Beach, County of Orange, State of
California.
2. The Applicant requests a Coastal Development Permit to construct a new, three-story 2,287-square-foot single-family residence and attached 476-square-foot two-car garage on a vacant lot. The project includes appurtenances such as site walls, fences, patios,
drainage devices, and landscaping. The design complies with all applicable development
standards, including height, setbacks, and floor area limit, and no deviations are requested. 3. The subject property is designated RT (Two Unit Residential) by the General Plan Land Use Element and is located within the R-2 (Two-Unit Residential) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-D (Two Unit Residential – 20.0 - 29.9 DU/AC) and the property is located within the R-2 (Two-Unit Residential) Coastal Zone District.
5. A public hearing was held on August 2, 2022, 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.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15303, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (“CEQA”) under Class 3 (New Construction or
Conversion of Small Structures), because it has no potential to have a significant effect on
the environment. 2. Class 3 exempts the demolition and construction of limited numbers of new, small facilities or structures including a single-family residence in a residential zone. The
Zoning Administrator Resolution No. ZA2022-052 Page 2 of 10
proposed project consists of the construction of a new 2,287-square-foot, single-family residence and attached 476-square-foot garage in the R-2 Zoning District and is
consistent with this exemption.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS.
In accordance with Newport Beach Municipal Code (“NBMC”) Section 21.52.015 (Coastal Development Permits, Findings and Decision), the following findings and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program (LCP). Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. A. The total proposed floor area, including the residence and enclosed parking,
is 2,763 gross square feet, which complies with the maximum allowable floor
area limit of 4,482 square feet. B. The proposed development will provide the minimum required setbacks, which are nine (9) feet along the waterfront and three (3) feet along each side
property line. No rear setback is required.
C. The highest guardrail is no more than 24 feet in height, and the highest roof ridge is no more than 29 feet in height, measured from the established grade level of 11.93 feet based on the North American Vertical Datum of 1988
(“NAVD88”), which complies with the maximum height limitation.
D. The project includes enclosed garage parking for two (2) vehicles, which complies with the minimum parking requirement for single-family residences with less than 4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with two (2)-story and newer three (3)-story residences. The proposed design, bulk, and scale of the development will be consistent with the existing neighborhood pattern of development and expected future development.
Zoning Administrator Resolution No. ZA2022-052 Page 3 of 10
3. The property is an oceanfront lot that is separated from the ocean by sandy beach with an average width of more than 500 feet and the public Ocean Front boardwalk. PMA
Consulting, Inc. prepared a Coastal Hazards and Wave Runup Study dated February 16,
2022, for the project. The report concludes that the long-term shoreline erosion rate is small, if any long-term erosion occurs at all. Flooding, wave runup and erosion will not impact the project site over the proposed life of development. A beach width of 200 feet is recognized by coastal engineers as sufficiently wide to protect landward development. The
PMA Consulting, Inc. study also concludes that there is no anticipated need for a shoreline
protection device over the economic life of the proposed structure to protect it from flooding, runup or erosion. 4. The finished floor elevation of the first habitable floor of the proposed structure is 11.33
feet North American Vertical Datum of 1988 (NAVD 88), which exceeds the minimum 9.0-
foot (NAVD 88) elevation standard for new structures and exceeds the minimum requirements for projected sea level rise (10.1 feet NAVD 88). 5. Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv) –
(Development Standards - Protective Structures), 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).
6. 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) – (Waterfront Development - Development Standards). Both requirements are included as conditions of approval that will need to be satisfied prior to the issuance of building permits for construction.
7. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of
building permits. Permit issuance is also contingent on the inclusion of design mitigation
identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 8. The development, as proposed and as conditioned, incorporates design features to
minimize the effect of construction and post-construction activities on the marine
environment. These design features include, but are not limited to, the appropriate management of equipment and construction materials, and the use of post-construction best management practices to minimize the project’s adverse impact on coastal water.
9. The project design addresses water quality with a construction erosion control plan that
outlines temporary Best Management Practices (BMPs) to be implemented during construction to minimize erosion and sedimentation, and to minimize pollution of runoff derived by construction chemicals and materials. No water quality impacts to coastal waters are anticipated based upon the location and elevation of the property.
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10. The project site is located 460 feet south of Marina Park, which is a designated public viewpoint in the Coastal Land Use Plan and offers public views of Newport Harbor. Site
evaluation revealed that the proposed design is consistent with the existing
neighborhood pattern of development and will not affect the existing views afforded from Marina Park. The project will replace an existing triplex that was demolished in 2020 (approved with a CDP under PA2019-245) with a new single-family home that complies with all applicable development standards. Marina Park is improved with a community
center, playground, beach, and landscaping that orients and frames views toward the
bay and not necessarily over the subject site. While the project is visible from the boardwalk and beach, views from these locations are oriented to the Pacific Ocean. The property itself has viewed from these will maintain a building envelope consistent with the existing and anticipated neighborhood pattern of development. Therefore, the
project does not have the potential to degrade the visual quality of the Coastal Zone or
result in significant adverse impacts to public views. Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone. Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public’s ability to gain access to use and/or view the coast and nearby recreational facilities. The existing residential development neither provides nor inhibits public coastal access. Implementation Plan Section 21.30A.040
(Determination of Public Access/Recreation Impacts) requires that the provision of public
access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project is a new single-family residence on an existing vacant private lot that complies with all applicable development standards. 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.
2. The project is designed and sited so as not block or impede existing public access opportunities and occurs within the confines of private property. Existing coastal access conditions will not be affected by the project. Coastal access is currently provided and will
continue to be provided by street ends throughout the neighborhood with access to the
beach and water. Lateral beach access is also provided by the Ocean Front boardwalk. 3. Vertical access to the bay and beach is available adjacent to the site along 16th Street and 17th Street. Lateral access and views are available on the beach along the West Ocean
Front right-of-way in front of the project site. The project does not include any features that
would obstruct access along these routes.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2022-023, subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local
Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (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 2nd DAY OF AUGUST, 2022.
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval). 2. Prior to issuance of building permits, a waterproofing curb or similar design feature shall be constructed around the proposed residence as an adaptive flood protection device
up to a minimum of 10.9 feet (NAVD88). Flood shields (sandbags and other methods)
can be deployed across the openings to protect and prevent flooding to the structure 3. Prior to the issuance of building permit, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded
waiving rights to the construction of future shoreline protection devices to address the
threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns.
4. Prior to the issuance of a building permit, the property owner shall sign a notarized signed letter acknowledging all hazards present at the site, assuming the risk of injury or damage from such hazards, unconditionally waiving any claims of damage against the City from such hazards, and to indemnify and hold harmless 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, judgements, 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. The letter shall be scanned into the plan set prior to building
permit issuance. 5. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
wetlands or their buffers. No demolition or construction materials shall be stored on public property. 6. This Coastal Development Permit does not authorize any development seaward of the
private property.
7. 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
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nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer
observed. When the nest is no longer active, construction activity can continue in the
nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to
determine when it is safe to commence construction activities. If an active nest is found,
one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 8. 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. 9. 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. 10. 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. 11. 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. 12. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit.
13. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 14. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Coastal
Development Permit. 15. 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
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to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance.
16. 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.
17. 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.
18. 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. 19. 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. 20. Prior to issuance of building permits, the final WQMP shall be reviewed and approved by the Building Division. Implementation shall comply with the approved CPPP and
WQMP and any changes could require separate review and approval by the Building
Division.
21. 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.
22. 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.
23. Construction activities shall comply with Section 10.28.040 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.
24. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 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:
Zoning Administrator Resolution No. ZA2022-052 Page 9 of 10
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. 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.
26. 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.
27. This Coastal Development Permit No. CD2022-023 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.
28. 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 the Smith 507 LLC Residence including, but not limited to, Coastal Development Permit No. CD2022-023 (PA2022-067). This indemnification shall include,
but not be limited to, damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions
set forth in this condition. The Applicant shall pay to the City upon demand any amount
owed to the City pursuant to the indemnification requirements prescribed in this condition. Public Works Department
29. Remove the existing wall within the West Ocean Front right-of-way and install sidewalk
within the area where the wall was removed. Fire Department
30. Prior to issuance of final building permits, fire sprinklers shall be required for this project.
Building Division 31. All new constructions shall comply with 2019 California Residential Code Edition.
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32. The property is in a Soils Liquefaction Seismic Hazard Area. Prior to issuance of building permits, the soils report must include recommendations for construction on liquefiable
soils including calculations for seismic settlement according to City of Newport Beach
Building Code Policy CBC 1803.5 and the building foundation must comply with Policy CBC 1805.5.11-12. 33. Prior to issuance of building permits, swimming pool safety measures must be shown
on the floor plan such as drowning prevention measures, pool barrier and gates.
34. The top of any exterior foundation shall extend above the elevation of the street gutter at point of discharge or the inlet of an approved drainage device not less than twelve (12) inches plus two (2) percent except for garage and carport space. Alternate
elevations are permitted subject to the approval of the Building Official, provided that it
can be demonstrated that required drainage to the point of discharge and away from the structures is provided at all locations on the site. [(NMBC 15.10.060(9)] 35. For habitable levels or basements located more than one story above or more than one
story below an egress door: The maximum travel distance from any occupied point to
a stairway or ramp that provides egress from such habitable level or basement shall not exceed 50 feet. (R311.4)