HomeMy WebLinkAbout07_Jankiewicz Residence CDP_PA2022-0155
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
January 26, 2023
Agenda Item No. 7
SUBJECT: Jankiewicz Residence (PA2022-0155)
▪ Coastal Development Permit
SITE LOCATION: 316 and 316 ½ Grand Canal
APPLICANT: Christian Rice Architects, Inc.
OWNER: Beachlife Rentals LLC, c/o Joe and Holy Jankiewicz
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221 mwhelan@newportbeachca.gov
LAND USE AND ZONING
• General Plan Land Use Plan Category: RT (Two-nit Residential)
• Zoning District: R-BI (Two-Unit Residential, Balboa Island)
• Coastal Land Use Plan Category: RT-E (Two Unit Residential 30.0-39.9 DU/AC)
• Coastal Zoning District: R-BI (Two-Unit Residential, Balboa Island)
PROJECT SUMMARY
The applicant requests a coastal development permit (CDP) to allow the demolition of an
existing nonconforming duplex and the construction of a new three (3)-story, 2,626-
square-foot, single-unit residence including a 242-square-foot attached junior accessory
dwelling unit (JADU). The proposed development includes an attached 436-square-foot-
two (2)-car garage. The project complies with all applicable development standards and
no deviations are requested. The project includes hardscape, walls, landscaping, and
drainage facilities.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 - 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; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
•The subject property is in the R-BI Coastal Zoning District, which provides for two
(2)-unit and single-unit residential developments and is consistent with the City’s
Coastal Land Use Plan, General Plan, and Zoning Code. A coastal development
permit is required, and the property is not eligible for a waiver for de minimis
development because the property is located in the Coastal Commission Appeal
Area.
•The property currently consists of one legal lot developed with a nonconforming
duplex. The duplex is nonconforming due to parking requirements, as only two (2)
spaces are provided whereas four (4) spaces are required. The neighborhood is
predominantly developed with two (2)- and three (3)-story, single-family and two (2)-
family residences. The proposed design, bulk, and scale of the development are
consistent with the existing neighborhood pattern of development and expected
future development is consistent with applicable development standards.
•The proposed single-family dwelling, junior accessory dwelling unit, 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 (boardwalk) 5 feet 5 feet
Sides 3 feet 3 feet
Rear (Abalone Drive) 0 feet 0 feet
Allowable Floor Area (max.) 2,628 square feet 2,626 square feet
Allowable 3rd Floor Area (max.) 323 square feet 249 square feet
Allowable 3rd Floor Area &
Covered (max.)
809.64 square feet 297 square feet
Open Space (min.) 243 square feet 275 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
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Hazards
•The property is a bay front lot that is separated from the ocean by a public
boardwalk and City-owned concrete bulkhead. The bulkhead which protects the
subject property is part of a larger bulkhead system that surrounds Balboa Island.
There is no modification to the existing bulkhead built to 8.5 feet North American
Vertical Datum of 1988 (NAVD 88).
•A Coastal Hazards Report and Sea Level Rise Analysis were prepared by Geo
Soils, Inc. dated October 3, 2022, for the project. The maximum bay water
elevation is 7.7 feet NAVD 88 (North American Vertical Datum of 1988 (NAVD 88)
and may exceed the current top of bulkhead elevation of 8.6 feet NAVD 88 during
high tide or storm events. The report analyzes future sea level rise scenarios
assuming a 3.2-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 10.9 feet NAVD 88 (the likely range for sea level rise over a 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). As
conditioned, a waterproofing curb or other waterproof material is required and
proposed to be constructed around the perimeter of the dwelling that would protect
against flooding up to an elevation of 10.9 feet (NAVD88). Flood shields (sandbags
and other barriers) can be deployed across the openings to protect and prevent
flooding to the structure.
•The finished floor elevation of the proposed single-family residence is 9.0 feet
(NAVD 88), which complies with the minimum 9.00-foot (NAVD 88) elevation
standard. The Coastal Hazard Report concludes that the bay water elevation
(currently 7.7 feet NAVD 88) will not exceed the proposed flood protection curb
around the single-family residence at 10.9 feet (NAVD 88) for the anticipated 75-
year life of the structure.
•Most of the streets on Balboa Island are approximately 6.5 feet (NAVD88), and the
flooding of Balboa Island is an existing coastal hazard. The public boardwalk is
continuous and provides public access around the entire island including Little
Balboa Island. A new or higher shoreline protective device is not currently needed to
protect the proposed structure, but it is already necessary to protect the existing
buildings, streets, and boardwalk. The existing bulkhead is owned by the City of
Newport Beach and the adjacent property owner is not able to increase the height of
the bulkhead as part of this CDP. If the City adopts comprehensive sea level rise
adaptation strategies to protect the public streets and public access areas, then the
property owner will also be protected as a result. As a condition of approval, the
property owner will be required to waive their rights to future protection devices.
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•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 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
•Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan),
due to the proximity of the development to the shoreline and the development
containing more than 75 percent of impervious surface area, a preliminary Water
Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP is being
prepared for the project by Will Rolph of CivilScapes. The WQHP includes a polluted
runoff and hydrologic site characterization, a sizing standard for BMPs, the use of
aLID approach to retain the design storm runoff volume on-site, and documentation
of the expected effectiveness of the proposed BMPs. A Condition of Approval is
included that requires a final WQHP to be approved prior to the issuance of building
permits
•The project design addresses water quality with a construction erosion control plan
and a post-construction drainage system that includes drainage and percolation
features designed to retain dry weather runoff and minor rain event runoff on-site.
Any water not retained on-site is directed to the City’s storm drain system.
Public Access and Views
•The project site is located between the nearest public road and the sea or shoreline.
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
nonconforming duplex located on a standard R-BI lot with a new single-family
residence and an attached junior accessory dwelling unit. Therefore, the project does
not involve a change in land use, density, or intensity that will result in increased
demand for 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.
•The project site is not located adjacent to a coastal view road or Coastal Viewpoint
as identified in the Coastal Land Use Plan. The nearest coastal viewpoints are
approximately 500 feet north on the Marine Avenue bridge and approximately 730
feet south on the Park Avenue bridge. The project site is adjacent to the public
boardwalk surrounding the island. However, the proposed single-family residence
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and accessory junior accessory dwelling unit 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.
•Vertical access to the bay front public boardwalk and Newport Bay is available
approximately 122 feet south of the property at the terminus of Canal Way and the
boardwalk; and approximately 144 feet north at the terminus of the alley and the
boardwalk. Lateral access is available along the public boardwalk adjacent to the
waterfront around Balboa Island. The project does not include any features that
would obstruct access along these routes.
•The front of the proposed residence, which is visible from the public boardwalk and
bay, contains substantial architectural treatment and visual interest, in keeping with
the design guidelines of the Zoning Code. The design includes modulation of volume
throughout the structure, an increased front setback along the public boardwalk
beyond what is required by code, and low walls that prevent the appearance of the
site from being walled off from the boardwalk and bay. Therefore, the project does
not have the potential to degrade the visual quality of the Coastal Zone or result in
significant adverse impacts on existing public views.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because
it has no potential to have a significant effect on the environment.
Class 3 exempts the demolition of up to three (3) single-family residences in urbanized
areas. The proposed project consists of the demolition of one (1)- residential duplex and the
construction of a new 2,627-square-foot, single-family residence including a 242-square-
foot attached junior accessory dwelling unit.
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, and is not a hazardous waste site, and is not identified as a historical resource.
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PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the city website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal 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. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
LAW/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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10-18-2021
RESOLUTION NO. ZA2023-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN
EXISTING DUPLEX AND CONSTRUCT A NEW SINGLE-FAMILY
RESIDENCE AND ATTACHED JUNIOR ACCESSORY DWELLING
UNIT (JADU) LOCATED AT 316 AND 316 ½ GRAND CANAL
(PA2022-0155).
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Christian Rice, Architect, with respect to the property located
at 316 and 316 ½ Grand Canal, requesting approval of a coastal development permit.
2.The lot at 316 and 316 ½ Grand Canal is legally described as Lot 9 in Tract 00742.
3.The applicant requests a coastal development permit (CDP) to allow the demolition of an
existing nonconforming duplex and the construction of a new three (3)-story, 2,626-square-
foot, single-unit residence including a 242-square-foot attached junior accessory dwelling
unit (JADU) and attached 436-square-foot-two (2)-car garage. The project complies with
all applicable development standards and no deviations are requested. The project
includes hardscape, walls, landscaping, and drainage facilities.
4.The subject property is designated Two-Unit Residential (RT) by the General Plan Land
Use Element and is located within the Two-Unit Residential, Balboa Island (R-BI) Zoning
District.
5.The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Two Unit Residential 30.0-39.9 DU/AC (RT-E) and it is located within the Two-
Unit Residential, Balboa Island (RT) Coastal Zoning District.
6.A public hearing was held on January 26, 2023, online via Zoom. A notice of the 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, Division 6, Chapter 3, Guidelines for Implementation of the California
Environmental Quality Act (CEQA) Section 15303 under Class 3 (New Construction or
Conversion of Small Structures) because it has no potential to have a significant effect on
the environment.
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2.Class 3 exempts the demolition and construction of up to three (3) single-family
residences in urbanized areas. The proposed project consists of the demolition of two
(2)-units (duplex) and the construction of a new 2,627-square-foot, single-family
residence including a 242-square-foot junior accessory dwelling unit and attached 436-
square-foot, two (2)-car garage.
3.The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings, and Decision)
of the Newport Beach Municipal Code, the following findings, and facts in support of such
findings are set forth:
Finding:
A.Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1.The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a.The maximum floor area limitation is 2,628 square feet and the proposed floor area
is 2,626 square feet.
b.The proposed development provides the minimum required setbacks, which are 5
feet along the front property line abutting the public boardwalk and bay, 3 feet along
each side property line, and 0 feet along the rear property line abutting Abalone
Drive.
c.The highest guardrail is less than 24 feet from the established grade (9.00 feet
NAVD88) and the highest ridge is no more than 29 feet from the established grade,
which complies with the maximum height requirements.
d.The project includes garage parking for a total of two (2) vehicles, complying with
the minimum two (2)-car garage parking requirement for single-family residences
with less than 4,000 square feet of habitable floor area. The JADU does not require
any additional parking spaces.
2.The neighborhood is predominantly developed with two (2)- and three (3)-story, single-
and two (2)-family residences. The proposed design, bulk, and scale of the development
are consistent with the existing neighborhood pattern of development.
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3.The Project proposes to demolish the existing duplex on-site to construct a single-family
residence and attached JADU. As a result, the Project complies with the Housing Crisis
Act of 2019 and Senate Bill 8 (Skinner) because it does not result in the loss of
residential density. The State Department of Housing and Community Development
(“HCD”) has verified with the City in an email dated March 23, 2022, that a JADU is
considered a housing unit under Government Code Section 66300 provisions to replace
existing units. The Property Owner has certified that the units are not "protected" units
under Section 66330 Subdivision (d)(2). The Project is consistent with the General Plan,
Local Coastal Program, and Zoning designations that allow single-family and accessory
dwelling unit land uses. Under Coastal Land Use Plan Table 2.1.1-1, the Two Unit
Residential (RT) category is intended to provide primarily for two (2)-family residential
development such as duplexes or townhomes. Implementation Program (IP) Table
21.18-1 shows “Single-Unit Dwellings – Detached” and “Accessory Dwelling Units” as
allowed uses in the R-BI Coastal Zoning District. Therefore, the project of a single-family
residence and accessory dwelling unit to replace the existing duplex is consistent with
the R-BI zoning and land use designations and does not result in a loss of residential
density.
4.The project site is separated from the Bay by the public boardwalk and a City-owned
bulkhead that is located outside of the property. A Coastal Hazards Report and Sea
Level Rise Analysis were prepared by Geo Soils, Inc. dated October 3, 2022, for the
project. The maximum bay water elevation is 7.7 feet NAVD 88 (North American Vertical
Datum of 1988) and may exceed the current top of bulkhead elevation of 8.6 feet (NAVD
88) during high tide or storm events. The report analyzes future sea level rise scenarios
assuming a 3.2-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
10.9 feet NAVD 88 (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
of California, Sea Level Rise Guidance: 2018 Update). As conditioned, a waterproofing
curb or other waterproof material is required and proposed to be constructed around the
perimeter of the dwelling that would protect against flooding up to an elevation of 10.9
feet (NAVD88). Flood shields (sandbags and other barriers) can be deployed across the
openings to protect and prevent flooding to the structure.
5.Most of the streets on Balboa Island are approximately 6.5 feet (NAVD88), and the
flooding of Balboa Island is an existing coastal hazard. The public boardwalk is
continuous and provides public access around the entire island including Little Balboa
Island. A new or higher shoreline protective device is not currently needed to protect the
proposed structure, but it is already necessary to protect the existing buildings, streets,
and boardwalk. The existing bulkhead is owned by the City of Newport Beach and the
adjacent property owner is not able to increase the height of the bulkhead as part of this
CDP. If the City adopts comprehensive sea level rise adaptation strategies to protect
the public streets and public access areas, then the property owner will also be protected
as a result. As a condition of approval, the property owner will be required to waive their
rights to future protection devices.
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6.The finished floor elevation of the proposed single-family residence is 9.0 feet (NAVD
88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard. The
project also includes waterproofing up to 10.9 feet to protect the structure from future
sea level rise. The Coastal Hazard Report concludes that the bay water elevation
(currently 7.7 feet NAVD 88) will not exceed the proposed flood protection curb or
waterproofing around the single-family residence at 10.9 feet (NAVD 88) for the
anticipated 75-year life of the structure.
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 Municipal Code Section 21.35.050, due to the proximity of the development to
the shoreline and the development containing more than 75 percent of impervious surface
area, a Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP is
being prepared for the project by Will Rolph of CivilScapes. The WQHP will include a
polluted runoff and hydrologic site characterization, a sizing standard for BMPs, the use of
an LID approach to retain the design storm runoff volume on-site, and documentation of
the expected effectiveness of the proposed BMPs. A Condition of Approval is included that
requires a final WQHP to be approved prior to the issuance of building permits.
9.Proposed landscaping complies with Implementation Plan Section 21.30.075. A
condition of approval is included that requires drought-tolerant species. Prior to the
issuance of building permits, the final landscape plans will be reviewed to verify invasive
species are not planted.
10.The project design addresses water quality with a construction erosion control plan and a
post-construction drainage system that includes drainage and percolation features
designed to retain dry weather runoff and minor rain event runoff on-site. Any water not
retained on-site is directed to the City’s storm drain system.
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 not located adjacent to a coastal view road or Coastal Viewpoint as
identified in the Coastal Land Use Plan. The nearest coastal viewpoints are approximately
500 feet north on the Marine Avenue bridge and approximately 730 feet south on the Park
Avenue bridge. The project site is adjacent to the public boardwalk surrounding the island.
However, the proposed single-family residence and junior accessory dwelling unit
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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.
2.The front of the proposed residence, which is visible from the public boardwalk and bay,
contains substantial architectural treatment and visual interest, in keeping with the
design guidelines of the Zoning Code. The design includes modulation of volume
throughout the structure, an increased front setback along the public boardwalk beyond
what is required by code, and low walls that prevent the appearance of the site from
being walled off from the boardwalk and bay. Therefore, the project does not have the
potential to degrade the visual quality of the Coastal Zone or result in significant adverse
impacts on existing public views.
3.The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 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 nonconforming
duplex located on a standard R-BI lot with a new single-family residence and an attached
junior accessory dwelling unit. Therefore, the project does not involve a change in land
use, density, or intensity that will result in increased demand for 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.
4.Vertical access to the bay front public boardwalk and Newport Bay is available
approximately 122 feet south of the property at the terminus of Canal Way and the
boardwalk; and approximately 144 feet north at the terminus of the alley and the
boardwalk. Lateral access is available along the public boardwalk adjacent to the
waterfront around Balboa Island. The project does not include any features that would
obstruct access along these routes.
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 (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 (PA2022-0155), 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
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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 26TH DAY OF JANUARY, 2023.
_____________________________________
Ben Zdeba, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1.The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2.Prior to the 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 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 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 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
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 development. This letter shall be scanned into the plan set prior to building permit
issuance.
5.Prior to the issuance of a building permit, the Junior Accessory Dwelling Unit (JADU)
shall require a deed restriction that prohibits the sale of the JADU separately and
prohibits rental or leasing of the ADU for 30 days or less. The deed restriction will also
require the owner of the Property to reside in either the primary dwelling or in the JADU.
Owner occupancy is not required if the owner is another governmental agency, land
trust, or housing organization within the meaning of Government Code 65852.22.
6.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.
7.No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter the sensitive habitat, receiving waters, or storm
drains or result in impacts to environmentally sensitive habitat areas, streams, the
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beach, wetlands, or their buffers. No demolition or construction materials shall be stored
on public property.
8.This Coastal Development Permit does not authorize any development seaward of the
private property.
9.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
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.
10.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.
11.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.
12.Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stockpiles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
13.Trash and debris shall be disposed of in proper trash and recycling receptacles at the
end of each construction day. Solid waste, including excess concrete, shall be disposed
of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
14.Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
15
Zoning Administrator Resolution No. ZA2023-###
Page 9 of 10
10-05-2021
15.The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
16.The applicant shall comply with all federal, state, and local laws. A material violation of
any of those laws in connection with the use may be caused the revocation of this
Coastal Development Permit.
17.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 are detrimental to the public health, and welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained to constitute a public nuisance.
18.Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to review and approval by the Building
Division.
19.Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to review and approval by the Building Division.
20.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.
21.Prior to the issuance of a building permit, the applicant shall submit a final landscape
and irrigation plan. These plans shall incorporate drought-tolerant plantings, non-
invasive plant species, and water-efficient irrigation design. The plans shall be approved
by the Planning Division.
22.Prior to the issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. The implementation shall comply with the approved
WQHP/WQMP, and any changes could require separate review and approval by the
Building Division.
23.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.
24.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.
Noise-generating construction activities are not allowed on Saturdays, Sundays, or
Holidays.
25.All noise generated by the proposed use shall comply with the provisions of Chapter
16
Zoning Administrator Resolution No. ZA2023-###
Page 10 of 10
10-05-2021
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 periods unless the ambient noise level is higher:
Between the hours of 7:00 AM
and 10:00 PM
Between the hours of 10:00
PM and 7:00 AM
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
26.Prior to the issuance of the building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
27.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.
28.This Coastal Development Permit (PA2022-0155) 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.
29.To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any 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 Jankiewicz Residence including, but not limited to,
Coastal Development Permit (PA2022-0155). This indemnification shall include, but not
be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and
other expenses incurred in connection with such claim, action, causes of action, suit, or
proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for of all of the City's costs,
attorneys' fees, and damages, which the 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.
17
Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Coastal Development Permit
(PA2022-0155)
316 and 316 ½ Grand Canal
Subject Property
Subject Property
19
Attachment No. ZA 3
Project Plans
20
Grand CanalMarine Avechristian rice architects, inc.1127 loma ave, coronado, ca 92118 p 619.522.9040architect:sheet title:drawing number:project:Title SheetJankiewicz Residence316 Grand Canal, Newport BeachT1 Title SheetTS1 Topographic SurveyC1 Civil Title SheetC2 Grading PlanC3 Erosion Control PlanA1 Site PlanA2 First & Second Floor PlansA3 Third Floor & Roof PlansA4 Area PlansA5 Building ElevationsA6 Building Elevations & SectionsL Landscaperevision date notes21
22
23
24
UPF.YS.B.5'-0"15'-1 1/4"Concrete Seawall (E)Concrete Walkway (E)Grand CanalAbalone Drive6'-6"1'-6"S.Y.S.B.3'-0"S.Y.S.B.3'-0"F.O.S.5'-3"F.O.S.12'-9"6'-10 1/2"6"2'-6"PL30.00'PL30.01'4'-9 3/4"3'-1 1/4"7'-1 1/4"5'-1 1/4"5'-0"7'-6"10'-3"9'-3 3/4"24'-0"4'-8 1/4"2'-1 1/4"41'-2 1/4"Grand CanalMarine Avechristian rice architects, inc.1127 loma ave, coronado, ca 92118 p 619.522.9040architect:sheet title:drawing number:project:Site PlanJankiewicz Residence316 Grand Canal, Newport Beachrevision date notes25
UPUPDNDNUPW/DGreatRoom59'-7"7'-1 1/4"6'-6"24'-6 1/4"21'-5 1/2"5'-1"4'-1"4'-3 3/4"EQ EQEQ EQEQEQ21'-6"21'-6"20'-4 1/2"EQEQ59'-7"4'-11 3/4"6'-4 1/2"6'-5"20'-6 1/2"21'-3 1/4"EQ EQ4'-9"4'-3 3/4"10'-6 1/4"6"2'-3 1/4"2'-0"3'-10"3'-10"9'-0"2'-0"8'-11 1/2"4'-3 3/4"3'-4"3'-9 1/4"2'-3 3/4"1'-5 1/2"13'-10 1/4"6'-8 1/4"3'-1 1/2"SetbackSetbackInterior Clear Dimension19'-8"Interior Clear Dimension19'-0"62'-2 1/4"15'-11 3/4"11'-4"13'-5"9'-1 1/2"12'-4"EQ EQEQ EQ4'-5 1/4"21'-6"7'-3 3/4"14'-2 1/4"54'-0"1'-6" 3'-6"16'-5 1/2"5'-11 3/4"3'-10 1/2"12'-11 1/2"5'-5"9'-3 3/4"8'-2 1/4"39'-3 1/4"14'-8 3/4"2'-10 1/4" 5'-8 1/2"3'-4 1/2" 4'-1"5'-1"4'-1"10 3/4"2'-5"1'-10"4'-5 1/2"EgressSetbackSetback3'-1 1/2"7'-0"11'-10 1/2"1'-6"23'-6"1'-8 3/4"2'-8 1/2"4'-5"2'-8 1/2"1'-9 3/4"1'-9 3/4"3'-8 1/2"2'-0"4'-1"2'-5"7 1/4"4'-7"2'-3"christian rice architects, inc.1127 loma ave, coronado, ca 92118 p 619.522.9040architect:sheet title:drawing number:project:First & Second FloorPlansJankiewicz Residence316 Grand Canal, Newport Beachrevision date notes26
DN19'-9 1/4"13'-10 1/2"5'-10 3/4"EQEQ16'-11"1'-0 1/4"1'-4"14'-6 3/4"EgressS4'-3"5'-1"4'-1"SetbackSetback32'-3 3/4"2'-1 1/4"9'-3 1/4"4'-8 1/4"2'-1 1/4"15'-1 1/4"3:12Ridge3:123:123:123:12SetbackSetbackchristian rice architects, inc.1127 loma ave, coronado, ca 92118 p 619.522.9040architect:sheet title:drawing number:project:Third Floor & RoofPlansJankiewicz Residence316 Grand Canal, Newport Beachrevision date notes27
27.65 sq. ft.9.90 sq. ft.6.94 sq. ft.2'-3"12'-5 1/2"4'-0 3/4"3'-2 3/4"4'-11 3/4"6'-10 1/2"5'-11"21'-0 1/2"38'-3"38'-7 1/4"2'-5 1/4"4'-0 3/4"3'-4"13'-3 1/4"19'-3 1/2"20'-8"13'-9 1/2"2'-1"27'-1"7'-7 1/4"1'-5"3'-8 3/4"3'-1 1/2"1'-10 3/4"7'-6"21'-9 1/2"45.98 sq. ft.46.77 sq. ft.36.04 sq. ft.32.60 sq. ft.18.00 sq. ft.14.77 sq. ft.16.16 sq. ft.8'-2 1/4"19'-7"3'-1 3/4"3'-7"2'-5 1/4"4'-11 3/4"5'-10"2'-5 1/2"9'-3 3/4"5'-4 1/2"3'-5"6'-0 3/4"7'-9 3/4"3'-1 1/2"4'-4"9'-6 1/2"7'-3 1/2"6'-7"6'-10 1/2"5'-3 3/4"1'-6"21'-5 1/2"9'-1 1/2"14'-5 3/4"19'-4 1/2"8'-2 1/4"8'-1"2'-5"14'-10"12'-10"16'-11 3/4"3'-6"11'-8 1/4"21'-9 1/2"7'-3 3/4"13'-8 1/2"6'-9 3/4"8'-11 1/2"9'-2"4'-1"10'-2 1/2"4'-5"4'-10 3/4"7'-0"3'-2 1/2"10'-3 3/4"9'-10"6'-4 1/4"17'-2 1/2"4'-1"3'-1 1/4"12'-10"3'-10 1/2"21'-9 1/2"2'-4 3/4"11'-9 1/2"19'-4 3/4"15'-6 1/4"30'-11"14'-2"8'-11 1/2"4'-7"christian rice architects, inc.1127 loma ave, coronado, ca 92118 p 619.522.9040architect:sheet title:drawing number:project:Area PlansJankiewicz Residence316 Grand Canal, Newport Beachrevision date notes28
3'-0"3'-0"23'-8 1/4"23'-8 1/4"28'-9 1/2"23'-8 1/4"22'-10 1/4"28'-11 1/2"5'-0"10'-0"15'-1 1/4"32'-3 3/4"20'-8 1/4"20'-8 1/4"11'-0 3/4"1'-1 1/2"8'-0 3/4"8'-0"3'-6"22'-4 1/4"22'-10 1/4"3'-0"3'-0"20'-8 1/4"28'-11 1/2"6"9'-0 3/4"1'-1 1/2"8'-0 3/4"1'-1 1/2"7'-0 3/4"23'-8 1/4"3'-6"23'-8 1/4"28'-9 1/2"22'-10 1/4"28'-11 1/2"5'-0"15'-1 1/4"32'-3 3/4"3'-6"6"6"6"christian rice architects, inc.1127 loma ave, coronado, ca 92118 p 619.522.9040architect:sheet title:drawing number:project:Building ElevationsJankiewicz Residence316 Grand Canal, Newport Beachrevision date notes29
GreatRoomGreatRoom7'-0"7'-0"3'-0"3'-0"3'-0"11'-0 3/4"1'-1 1/2"1/4" / 12"10'-6 3/4"11'-0"9'-0 3/4"1'-1 1/2"8'-0 3/4"1'-1 1/2" 7'-0 3/4"7'-0"7'-0"GreatRoom3'-6"9'-0 3/4"1'-1 1/2"8'-0 3/4"7'-0"christian rice architects, inc.1127 loma ave, coronado, ca 92118 p 619.522.9040architect:sheet title:drawing number:project:Building Elevations &SectionsJankiewicz Residence316 Grand Canal, Newport Beachrevision date notes30
UPConcrete Seawall (E)Concrete Walkway (E)Grand CanalAbalone Drive1'-6"PL30.00'PL30.01'christian rice architects, inc.1127 loma ave, coronado, ca 92118 p 619.522.9040architect:sheet title:drawing number:project:LandscapeJankiewicz Residence316 Grand Canal, Newport Beachrevision date notes31