HomeMy WebLinkAbout03_Karahalios Residence CDP_PA2022-125CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 16, 2023
Agenda Item No. 3
SUBJECT: Karahalios Residence (PA2022-125)
▪Coastal Development Permit
SITE LOCATION: 607 and 607 ½ North Bay Front
APPLICANT: Brandon Architects
OWNER: George Karahalios
PLANNER: Liane Schuller
949-644-3200- lschuller@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: RT (Two Unit 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)
PROJECT SUMMARY
A request for a coastal development permit to demolish an existing duplex and
construct a 2,037-square-foot, three (3)-story single-unit residence with a 298-square-
foot attached junior accessory dwelling unit and an attached 436-square-foot, two (2)-
car garage. The project includes landscape, hardscape and subsurface drainage
facilities all within the confines of private property. The project complies with all
development standards and no deviations from the municipal code are requested.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
under 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;
3)The exceptions to this categorical exemption under Section 15300.2 of the CEQA
Guidelines 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
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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) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. PA2022-125 (Attachment No. ZA 1).
DISCUSSION
Land Use and Development Standards
• The subject property is in the R-BI Zoning District, which allows single- and two (2)-
unit residential development on a single legal lot and is consistent with the City’s
Coastal Land Use Plan, General Plan, and Zoning Code. A Coastal Development
(CDP) 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 consists of one legal lot developed with an existing duplex. The
neighborhood is predominantly developed with two (2)- and three (3)-story,
single- and two (2)-unit residences. The design, bulk, and scale of the proposed
development is consistent with the existing and anticipated neighborhood pattern
of development (see Figure 1 below).
Figure 1: Oblique aerial image of neighborhood
Subject Property
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•The proposed development conforms 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 10 feet 10 feet
Sides 3 feet 3 feet
Rear 5 feet 5 feet
Allowable Floor Area (max.) 3,430 square feet 2,772 square feet
Allowable Third Level (max.) 343 square feet 61 square feet
ADU Floor Area (max.) 500 square feet 298 square feet
Open Volume Area (min.) 257 square feet 262 square feet
Parking (min.) 2 garage spaces 2 garage parking spaces
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
Compliance with the Housing Crisis Act of 2019
The project proposes to demolish an existing duplex and construct a single-family unit and
attached junior accessory dwelling unit (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 an
ADU 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 the single-family and
accessory dwelling unit land uses. Under the Coastal Land Use Plan Table 2.1.1-1, the
Single Unit Residential (RS-D) category is intended for single-family residential
development. Implementation Program (IP) Table 21.18-1 shows “Single-Unit Dwellings –
Detached” and “Accessory Dwelling Units” as allowed uses in the R-1 Coastal Zoning
District. Therefore, the project of a single-family residence and accessory dwelling unit to
replace two (2) existing two (2) single-family residences is consistent with the R-1 zoning
and land use designations and does not result in a loss of residential density.
Hazards
•The finished floor elevation of the first floor of the proposed structure is 9.13 feet
North American Vertical Datum of 1988 (NAVD 88), with a perimeter curb elevation
of 10.9 feet NAVD88, which complies with the minimum 9.00-foot NAVD88
elevation standard for new structures.
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•A Coastal Hazards Report and Sea Level Rise Analysis was prepared for the
project by GeoSoils, Inc, dated June 2, 2022. The project site is protected by a
public boardwalk fronting the site along South Bay Front and an existing City-
owned bulkhead that will remain in place. 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 the City-owned bulkhead elevation of 8.6 feet (NAVD
88) during high tide or storm events. The report analyzes future sea level rise
scenarios assuming a 2.9-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 10.6 feet NAVD 88 (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 report recommends that the bulkhead be raised in the future. Since
the bulkhead is not privately owned and cannot be raised by the homeowner, the
report recommends future mitigation measures be identified and implemented as
needed including waterproofing, flood shields, watertight doors, moveable
floodwalls, partitions, water-resistive sealant devices, sandbagging and other
similar flood-proofing techniques.
•Under NBMC Section 21.30.030 (Natural Landform and Shoreline Protection)
(C)(3)(i)(iv), the property owner will be required to agree 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). This requirement is included as condition of
approval that will need to be satisfied before the final building permit inspection.
•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) (Development
Standards). This requirement is included as a condition of approval that will need to
be satisfied before the issuance of building permits.
•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
before 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 before building
permit issuance.
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Water Quality
• The property is located adjacent to coastal waters. Pursuant to Section 21.35.030
(Construction Pollution Prevention Plan) of the NBMC, a Construction Pollution
Prevention Plan (CPPP) is required to implement temporary Best Management
Practices (BMPs) during construction to minimize erosion and sedimentation and to
minimize pollution of runoff and coastal waters derived from construction chemicals
and materials. Construction plans and activities will be required to adhere to the
CPPP.
• The project comprises less than 2,500 square-feet of impervious surface area and
a Water Quality and Hydrology Plan (WQHP) is therefore, not required.
• 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 duplex
located on a standard residential lot with a new single-unit residence and attached
junior accessory dwelling unit consistent with the existing neighborhood pattern of
development and in keeping with applicable development standards. 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, public access way,
or Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest
designated coastal viewpoint is located on the Marine Avenue bridge that crosses
the channel, approximately 1,700 feet east of the project site. The project site may
be located within the viewshed of distant public viewing areas. However, the
project will replace an existing single-family residence with a new single-family
residence that complies with all applicable Local Coastal Program (LCP)
development standards and maintains 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.
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• The Property is located on a waterfront lot that abuts the Balboa Island Loop, which
is a walkway around the outer perimeter of Balboa Island that grants pedestrians
bay views. Existing lateral access to the bay is provided by the loop, which is not
affected by the Project. Vertical access to the Balboa Island Loop is available
through Ruby Avenue, approximately 60 feet east of the Property, and Collins
Avenue, approximately 90 west of the Property.
• The front and rear of the proposed structure, which are visible from Newport Bay
and the alleyway behind the site, contain architectural treatment and visual interest,
in keeping with the design guidelines of the Zoning Code. The new structure would
comply with all required setbacks and the design includes modulation of volume
throughout the structure, use of varied materials, and glass railings that prevent the
appearance of the site from being walled off from the surrounding area. 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) under
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 single-unit residences and additions of up
to 10,000 square feet to existing structures. The proposed project consists of the
demolition of an existing duplex and the construction of a 2,037-square-foot, three-story
single-unit residence with a 298-square-foot attached junior accessory dwelling unit and
an attached 436-square-foot, two-car garage and therefore qualifies under this
exemption.
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 by the provisions of Title 21 (Local Coastal Program [LCP]
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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:
DL/ls
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 A TWO (2)-
UNIT RESIDENCE AND TO CONSTRUCT A NEW SINGLE-UNIT
RESIDENCE AND JUNIOR ACCESSORY DWELLING UNIT
LOCATED AT 607 and 607 ½ NORTH BAY FRONT (PA2022-125).
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”) concerning property located
at 607 and 607 ½ North Bay Front, requesting approval of a coastal development permit.
The property is legally described as Lot 14 of Block 12 of Balboa Island Tract (“Property”).
2. The Applicant requests a coastal development permit to demolish an existing two (2)-unit
residence and to construct a new 2,037-square-foot, three (3)-story, single-unit residence
with a 298-square-foot junior accessory dwelling unit and attached 436-square-foot, two
(2)-car garage. The project includes landscape, hardscape and subsurface drainage
facilities all within the confines of private property. The project (“Project”) complies with
all development standards and no deviations from the municipal code 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-BI (Two-Unit Residential, Balboa Island) Zoning
District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-E (Two Unit Residential) - (30.0 - 39.9 DU/AC) and it is located within the
R-BI (Two-Unit Residential, Balboa Island) Coastal Zoning District.
5. A public hearing was held on March 16, 2023, online via Zoom. A notice of the time, place,
and purpose of the hearing was given by 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 under 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 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 an existing duplex and construction of a new 2,037-square-foot, three (3)-
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story, single-unit residence with a 298-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 project complies with all 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 2,772 square feet, which complies with the maximum allowable floor area
limit of 3,430 square feet.
b.The proposed development will provide the minimum required setbacks,
which are ten (10)-feet along the front property line abutting North Bay Front,
five (5)-feet along the rear property line abutting the alley, and three (3)-feet
along each side property line.
c.The highest two-story roofline is no more than 29 feet from the established
grade level of 9.0 feet based on the North American Vertical Datum of 1988
(“NAVD88”), which complies with the maximum height limitation.
d.The project includes an enclosed garage parking for two (2) vehicles, which
complies with the minimum two (2)-car parking requirement for single-unit
residences with less than 4,000 square feet of habitable floor area. Onsite
parking is not required for the accessory dwelling unit.
e.The project is conditioned to require the recordation of a deed restriction that
will prohibit the use of the ADU for short-term rentals (i.e., less than 30 days)
and will also prohibit the sale of the ADU separate from the principal dwelling.
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2. The neighborhood is predominantly developed with two (2)- and three (3)-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.
3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared for the project by
GeoSoils, Inc, dated June 2, 2022. The project site is protected by a public boardwalk
fronting the site along South Bay Front and an existing City-owned bulkhead that will
remain in place. The maximum bay water elevation is 7.7 feet North American Vertical
Datum of 1988 (NAVD 88) and may exceed the current top of the City-owned bulkhead
elevation of 8.6 feet (NAVD 88) during high tide or storm events. The report analyzes
future sea level rise scenarios assuming a 2.9-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 10.6 feet NAVD 88 (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 report
recommends that the bulkhead be raised in the future. Since the bulkhead is not
privately owned and cannot be raised by the homeowner, the report recommends future
mitigation measures be identified and implemented as needed including waterproofing,
flood shields, watertight doors, moveable floodwalls, partitions, water-resistive sealant
devices, sandbagging and other similar flood-proofing techniques.
4. The finished floor elevation of the first floor of the Project is 9.13-feet (NAVD88), which
complies with the minimum 9.00-foot (NAVD88) elevation standard for new structures.
5. Under NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to agree
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). This requirement is included as a condition of approval
that will need to be satisfied before the final building permit inspection, respectively.
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) (Development Standards). This
requirement is included as a condition of approval that will need to be satisfied before 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 before 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 before building permit issuance.
8. The Project comprises less than 2,500 square-feet of impervious surface area and a Water
Quality and Hydrology Plan (WQHP) is therefore, not required.
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9. 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.
10. The Project will replace an existing single-family residence with a new single-family
residence that complies with all applicable Local Coastal Program (LCP) development
standards and maintains 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 Property is located on a waterfront lot that abuts the Balboa Island Loop, which is a
walkway around the outer perimeter of Balboa Island that grants pedestrians bay views.
Existing lateral access to the bay is provided by the loop, which is not affected by the
Project. Vertical access to the Balboa Island Loop is available through Ruby Avenue,
approximately 60 feet east of the Property, and Collins Avenue, approximately 90 west of
the Property.
2. The Property 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 duplex located on a standard residential lot with a
new single-unit residence and accessory dwelling unit consistent with the existing
neighborhood pattern of development and in keeping with applicable development
standards. 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.
3. As designated in the Coastal Land Use Plan, the nearest designated coastal viewpoint is
located approximately 1,700 feet east of the project site at the Marine Avenue bridge that
crosses the channel. The Property may be located within the viewshed of distant public
viewing areas. However, the Project will replace an existing duplex with a new single-
family unit that complies with all applicable Local Coastal Program (LCP) development
standards and maintains 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.
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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) because it has no potential to have a
significant effect on the environment and the exceptions to the Class 3 exemption do not apply.
2. The Zoning Administrator of the City of Newport Beach hereby approves the Coastal
Development Permit (PA2022-125), subject to the conditions outlined 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 by 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 MARCH, 2023.
_________________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved lot merger
exhibits, site plan, floor plans, and building elevations stamped and dated with the date of
this approval (except as modified by applicable conditions of approval).
2. Revisions to the approved exhibits and plans may require an amendment to this
approval or the processing of a new planning application.
3. The Project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
4. This approval 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, welfare or materially injurious to property or
improvements in the vicinity or if the property is operated or maintained to constitute a
public nuisance.
5. 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 lot
merger.
6. 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.
7. Prior to the issuance of a building and/or grading permit for an accessory dwelling unit,
the property owner shall record a deed restriction with the County Recorder’s Office, the
form and content of which is satisfactory to the City Attorney, prohibiting the use of the
ADU for short term rentals (i.e., less than 30 days) and prohibiting the sale of the ADU
separate from the principal dwelling. This deed restriction shall remain in effect so long
as the accessory dwelling unit exists on the property.
8. 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
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the development. This letter shall be scanned into the plan set before building permit
issuance.
9.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 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.This Coastal Development Permit does not authorize any development seaward of the
private property.
11.All construction activities shall occur within private property and the use of mechanized
equipment is prohibited within the Bay and public property.
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).
13.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
beach, wetlands, or their buffers. No demolition or construction materials shall be stored
on public property.
14.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 under 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.
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15.All proposed accessory structures located within setback areas shall comply with
applicable height limits consistent with Zoning Code Section 20.30.040 (Fences,
Hedges, Walls, and Retaining Walls).
16.Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented before 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. 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.
19.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.
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. A material violation of
any of those laws in connection with the use may be caused by the 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 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.
24.Before 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.
25.Before 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.
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26.Before issuance of building permits, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
27.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.
28.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 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.
29.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 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
30.Before the issuance of building permits, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
31.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.
32.This Coastal Development Permit 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.
33.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 Karahalios Residence including, but not limited to
the Coastal Development Permit (PA2022-125). This indemnification shall include, but
not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees,
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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 the such proceeding. The applicant shall indemnify the City for all of the City's
costs, attorneys' fees, and damages, which the City incurs in enforcing the indemnification
provisions outlined in this condition. The applicant shall pay to the City upon demand any
amount owed to the City under the indemnification requirements prescribed in this
condition.
Fire Department
34. A minimum three (3)-foot wide fire department access way is required on one side of
the yard from the street frontage to the rear yard.
35. Fire sprinklers shall be provided in accordance with NFPA 13D.
Building Division
36. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code.
37. The Applicant shall employ the following best available control measures (“BACMs”) to
reduce construction-related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment.
Off-Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
• Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
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•Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in the
top six (6)-inch surface layer, subject to review/discretion of the geotechnical
engineer.
38.Before 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.
Public Works Department
39.A new sewer clean out shall be installed on the existing sewer lateral per City Standard
406.
40.Proposed improvements along the North Bay Front right of way shall comply with City
Council Policy L-6. An encroachment permit and encroachment agreement shall be
obtained for the proposed improvements within the right-of-way.
19
Attachment No. ZA 2
Vicinity Map
20
VICINITY MAP
Coastal Development Permit
(PA2022-125)
607 and 607 1/2 North Bay
Front
Project Site
21
Attachment No. ZA 3
Project Plans
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25
26
27
28
29
30
31
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34
35
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40