HomeMy WebLinkAbout03_Cabraloff Residence CDP_PA2022-0278CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 13, 2023
Agenda Item No. 3
SUBJECT: Cabraloff Residence (PA2022-0278)
▪Coastal Development Pemit
SITE
LOCATION: 504 38th Street
APPLICANT: Craig Hampton
OWNER: Albert Cabraloff
PLANNER: Afshin Atapour, Assistant Planner
949-644-3237, aatapour@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: RT (Two Unit Residential)
•Zoning District: R-2 (Two-Unit Residential)
•Coastal Land Use Plan Category: RT-D (Two Unit Residential - 20.0 - 29.9 DU/AC)
•Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
The Applicant requests a coastal development permit (CDP) to allow the demolition of an
existing single-unit dwelling and construction of a new 3,127-square-foot, three (3)-story,
single-unit dwelling with an attached 471-square-foot, two (2)-car garage. The project
includes landscape, hardscape, drainage, and accessory structures all within the confines
of the property. The project complies with all development standards and no deviations
are requested. All improvements authorized by this CDP will be located on private
property.
The project also includes additional improvements that are subject to separate review by
the California Coastal Commission. The subject property is bisected by the coastal permit
jurisdiction boundary, resulting in a portion of the front patio accessory improvements,
bulkhead improvements, and new dock within California Coastal Commission’s permit
jurisdiction. This Coastal Development Permit is intended to cover portions of the project
within the City’s permit authority as designated in the Local Coastal Program (Title 21 of
the Newport Beach Municipal Code).
RECOMMENDATION
1)Conduct a public hearing;
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2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, 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).
DISCUSSION
Land Use and Development Standards
• The subject property is located in the R-2 Coastal Zoning District, which provides for
single- and two-unit residential development 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 single-unit dwelling.
The neighborhood is predominantly developed with one (1)-, two (2)- and three (3)-
story, single-unit and two-unit dwellings. The proposed design, bulk, and scale of the
development is consistent with the existing neighborhood pattern of development.
• The proposed single-unit dwelling and accessory structures conform to all applicable
development standards, including floor area limit, setbacks, height, and off-street
parking as evidenced by the project plans (Attachment No. ZA 3) and illustrated in
Table 1 below.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Street) 3 feet 3 feet
Sides 3 feet 3 feet
Second Front (Water) 20 feet 20 feet
Allowable Floor Area (max.) 3,696 square feet 3,598 square feet
Allowable 3rd Floor Area (max.) 370 square feet 370 square feet
Allowable 3rd Floor Covered
(max.)
924 square feet 602 square feet
Open Space (min.) 277 square feet 309 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
Hazards
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• The development fronts the Rialto Channel and is protected by an existing
bulkhead. A Bulkhead Conditions Report was prepared by PMA Consulting, Inc.
dated October 31, 2022, for the project. The report concluded that the existing
bulkhead is in very poor condition and should be replaced. The installation of the
tiebacks and deadmen will occur after the demolition of the existing home is
complete and prior to the construction of the new home. Once the bulkhead is
replaced in accordance with the report, no repair or replacement of the bulkhead
is anticipated within the next 75 years. The project is conditioned to require the
construction of a new or sufficiently reinforced bulkhead on the Property prior to
final inspection of the new single-unit residence.
• A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated October 31, 2022, for the project. The current maximum bay
water elevation is 7.7 feet (NAVD 88) and may exceed the current top of bulkhead
elevation of 6.24 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 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).
• On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential
Facilities. The guidelines require that any bulkhead structure permitted within the
years 2021 through 2025 must have a minimum bulkhead elevation of 10.9 feet
(NAVD88) with a design for adaptability elevation of 14.4 feet (NAVD 88). The
project has been conditioned to raise the bulkhead to an elevation of 10.9 feet
(NAVD 88) per the proposed plans. PMA Consulting, Inc. has confirmed the
bulkhead design can be raised up to 14.4 feet (NAVD88) if needed and in
compliance with the updated guidelines.
• The finished floor elevation of the proposed single-unit dwelling is 9.00 feet (NAVD
88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard for
new structures. The project has been conditioned to waterproof the perimeter of
the dwelling to protect against flooding up to an elevation of 10.9 feet (NAVD 88).
Flood shields (sandbags and other barriers) can be deployed across the openings
to protect and prevent flooding to the structure.
• 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
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design mitigation identified in the investigations. Construction plans are reviewed for
compliance with approved investigations and CBC prior to building permit issuance.
•The property owner will 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 Newport Beach Municipal Code (NBMC) Section
21.30.015(D)(3)(c) – (Waterfront - Development Standards). The Acknowledgement
of Coastal Hazards is included as a condition of approval that will need to be recorded
prior to the issuance of building permits.
•Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) - (Natural Landform and Shoreline
Protection), the property owner will be required to enter into an agreement with the
City waiving any potential right to protection to address situations in the future in
which the development is threatened with damage or destruction by coastal hazards
(e.g., waves, erosion, and sea level rise). The Waiver of Future Protection is included
as a condition of approval that will need to be recorded prior to final building
inspection.
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. A CPPP has been provided and construction plans and activities will
be required to adhere to the CPPP.
•Pursuant to NBMC 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. The preliminary WQHP/WQMP was prepared
by Forkert Engineering & Surveying, Inc. dated February 3, 2023, for the project. The
WQHP/WQMP includes a polluted runoff and hydrologic site characterization, a
sizing standard for BMPs, use of an LID approach to retain the design storm runoff
volume on site, and documentation of the expected effectiveness of the proposed
BMPs. Construction plans will be reviewed for compliance with the approved WQHP
prior to building permit issuance.
•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 onsite is directed to the City’s storm drain system.
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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 single-unit
dwelling located on a standard R-2 lot with a new single-unit dwelling. Therefore, the
project does not involve a change in land use, density or intensity that will result in
increased demand on public access and recreation opportunities. Furthermore, the
project is designed and sited (appropriate height, setbacks, etc.) so as not to block
or impede existing public access opportunities.
• The project site is not located adjacent to a coastal view road, but is located near a
designated Coastal Viewpoint as identified in the Coastal Land Use Plan. The
nearest viewpoint is located at Newport Island Park approximately 450 feet to the
west and is not substantially visible from the site due to intervening structures. The
third story of the proposed structure may be slightly visible from the park. Additionally,
the site is located adjacent to the Rialto Channel, which is accessible to the public
and provides opportunities to view residences and the channels around Newport
Island. However, the proposed single-unit dwelling complies with all applicable Local
Coastal Program (LCP) development standards including height and setbacks, and
maintains a building envelope consistent with the existing neighborhood pattern of
development. The project complies with all third-floor standards of the NBMC which
limit the size and location of the third floor. Additionally, the project does not contain
any unique features that could degrade the visual quality of the coastal zone.
• Vertical access to the Rialto Channel is available approximately 300 feet east of the
site along Channel Place and approximately 120 feet west of the site along Finley
Avenue where there are access points. Lateral access is limited on Newport Island,
with the exception of Newport Island Park located approximately 450 feet from the
site. Additional access within the water is available adjacent to the site along the
Rialto Channel. The project does not include any features that would obstruct access
along these routes.
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, Chapter 3, because it has no
potential to have a significant effect on the environment.
The Class 3 exempts the demolition and construction of up to three (3) single-unit
dwellings in urbanized areas. The proposed project consists of the demolition of an
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existing single-unit dwelling and construction of a new 3,127-square-foot, three (3)-story,
single-unit dwelling with an attached 471-square-foot, two (2)-car garage. There are no
known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the
use of these exemption. The project location does not impact an environmental resource
of hazardous or critical concern, does not result in cumulative impacts, does not have a
significant effect on the environment due to unusual circumstances, does not damage
scenic resources within a state scenic highway, is not a hazardous waste site, and is not
identified as a historical resource.
PUBLIC NOTICE
Notice of this 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
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:
LW/aa
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
6
Attachment No. ZA 1
Draft Resolution
7
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 SINGLE-UNIT DWELLING AND CONSTRUCT A NEW
THREE (3)-STORY SINGLE-UNIT DWELLING AND ATTACHED
TWO (2)-CAR GARAGE LOCATED AT 504 38TH STREET
(PA2022-0278)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Craig Hampton on behalf of the owner Albert Cabraloff with
respect to property located at 504 38th Street, and legally described as Lot 3 of Block 537
of the Canal Section Tract, requesting approval of a Coastal Development Permit.
2. The Applicant requests a coastal development permit (CDP) to allow the demolition of an
existing single-unit dwelling and construction of a new 3,127-square-foot, three (3)-story,
single-unit dwelling with an attached 471-square-foot, two (2)-car garage. The project
includes landscape, hardscape, drainage, and accessory structures all within the confines
of the property. The project complies with all development standards and no deviations are
requested. All improvements authorized by this CDP will be located on private property.
3. The subject property is bisected by the coastal permit jurisdiction boundary, resulting in a
portion of the front patio accessory improvements, bulkhead improvements, and new dock
within California Coastal Commission’s permit jurisdiction. This Coastal Development
Permit is intended to cover portions of the project within the City’s permit authority as
designated in the Local Coastal Program (Title 21 of the Newport Beach Municipal Code).
4. The subject property is categorized RT (Two Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two-Unit Residential) Zoning District.
5. 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 it is located within the
R-2 (Two-Unit Residential) Coastal Zoning District.
6. A public hearing was held on April 13, 2023, online via Zoom. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal Code
(NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
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
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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 up to three (3) single-unit dwellings
in urbanized areas. The proposed project consists of the demolition of an existing single-
unit dwelling and construction of a new 3,127-square-foot, three (3)-story, single-unit
dwelling with an attached 471-square-foot, two (2)-car garage.
3. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would
invalidate the use of these exemption. 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(F) (Coastal Development Permits, Findings and
Decision) of the Newport Beach Municipal Code (NBMC), 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 3,696 square feet and the proposed floor area
is 3,598 square feet.
b. The proposed development provides the minimum required setbacks, which are 3
feet along the front property line abutting 38th Street, 3 feet along each side
property line, and 20 feet along the other front property line abutting the water.
c. The highest flat roof/guardrail is below 24 feet from established grade and the
highest ridge is no more than 29 feet from established grade. The proposed
development complies with all height requirements.
d. The proposed development provides a two (2)-car garage, meeting the minimum
two (2)-car garage requirement for a single-unit dwelling with less than 4,000
square feet of habitable floor area.
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e. The proposed development complies with the minimum 9.0-foot North American
Vertical Datum of 1988 (NAVD 88) top of slab elevation requirement for interior
living areas of new structures.
2. The property currently consists of one legal lot developed with a single-unit dwelling.
The neighborhood is predominantly developed with one (1)-, two (2)- and three (3)-story,
single-unit and two-unit dwellings. The proposed design, bulk, and scale of the
development is consistent with the existing neighborhood pattern of development.
3. The development fronts the Rialto Channel and is protected by an existing bulkhead. A
Bulkhead Conditions Report was prepared by PMA Consulting, Inc. dated October 31,
2022, for the project. The report concluded that the existing bulkhead is in very poor
condition and should be replaced. The installation of the tiebacks and deadmen will
occur after the demolition of the existing home is complete and prior to the construction
of the new home. Once the bulkhead is replaced in accordance with the report, no repair
or replacement of the bulkhead is anticipated within the next 75 years. The project is
conditioned to require the construction of a new or sufficiently reinforced bulkhead on
the Property prior to final inspection of the new single-unit residence.
4. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated October 31, 2022, for the project. The current maximum bay water
elevation is 7.7 feet (NAVD 88) and may exceed the current top of bulkhead elevation
of 6.24 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 75-year
design life of the structure based on low risk aversion estimates for sea level rise
provided by the State of California, Sea Level Rise Guidance: 2018 Update.
5. On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities.
The guidelines require that any bulkhead structure permitted within the years 2021 through
2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD88) with a design for
adaptability elevation of 14.4 feet (NAVD 88). The project has been conditioned to raise
the bulkhead to an elevation of 10.9 feet (NAVD 88) per the proposed plans. PMA
Consulting, Inc. has confirmed the new bulkhead, as designed, can be raised up to 14.4
feet (NAVD88) if needed and in compliance with the updated guidelines.
6. The finished floor elevation of the proposed single-unit dwelling is 9.00 feet (NAVD 88),
which complies with the minimum 9.00-foot (NAVD 88) elevation standard for new
structures. The project has been conditioned to waterproof the perimeter of the dwelling
to protect against flooding up to an elevation of 10.9 feet (NAVD 88). Flood shields
(sandbags and other barriers) can be deployed across the openings to protect and
prevent flooding to 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
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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.
8. The property owner will 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 Newport Beach Municipal Code (NBMC) Section 21.30.015(D)(3)(c) –
(Waterfront - Development Standards). The Acknowledgement of Coastal Hazards is
included as a condition of approval that will need to be recorded prior to the issuance of
building permits.
9. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) - (Natural Landform and Shoreline
Protection), the property owner will be required to enter into an agreement with the City
waiving any potential right to protection to address situations in the future in which the
development is threatened with damage or destruction by coastal hazards (e.g., waves,
erosion, and sea level rise). The Waiver of Future Protection is included as a condition
of approval that will need to be recorded prior to final building inspection.
10. 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. A CPPP has
been provided and construction plans and activities will be required to adhere to the CPPP.
11. Pursuant to NBMC 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. The preliminary WQHP/WQMP was prepared by Forkert Engineering
& Surveying, Inc. dated February 3, 2023, for the project. The WQHP/WQMP includes a
polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an
LID approach to retain the design storm runoff volume on site, and documentation of the
expected effectiveness of the proposed BMPs. Construction plans will be reviewed for
compliance with the approved WQHP prior to building permit issuance.
12. 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 onsite is directed to the City’s storm drain system.
13. Proposed landscaping complies with Implementation Plan Section 21.30.075. A condition
of approval is included that requires drought-tolerant species. Before the issuance of
building permits, the final landscape plans will be reviewed to verify invasive species are
not planted.
14. The project site is not located adjacent to a coastal view road, but is located near a
designated Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest
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viewpoint is located at Newport Island Park approximately 450 feet to the west and is not
substantially visible from the site due to intervening structures. The third story of the
proposed structure may be slightly visible from the park. Additionally, the site is located
adjacent to the Rialto Channel, which is accessible to the public and provides opportunities
to view residences and the channels around Newport Island. However, the proposed single-
unit dwelling complies with all applicable Local Coastal Program (LCP) development
standards including height and setbacks, and maintains a building envelope consistent with
the existing neighborhood pattern of development. The project complies with all third-floor
standards of the NBMC which limit the size and location of the third floor. Additionally, the
project does not contain any unique features that could degrade the visual quality of the
coastal zone.
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.
Implementation Plan Section 21.30A.040 – (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
between the requirement and the project’s impact and be proportional to the impact. In this
case, the project replaces an existing single-unit dwelling located on a standard R-2 lot
with a new single-unit dwelling. Therefore, the project does not involve a change in land
use, density or intensity that will result in increased demand on public access and
recreation opportunities. Furthermore, the project is designed and sited (appropriate
height, setbacks, etc.) so as not to block or impede existing public access opportunities.
2. Vertical access to the Rialto Channel is available approximately 300 feet east of the site
along Channel Place and approximately 120 feet west of the site along Finley Avenue
where there are access points. Lateral access is limited on Newport Island, with the
exception of Newport Island Park located approximately 450 feet from the site. Additional
access within the water is available adjacent to the site along the Rialto Channel. 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 (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.
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2. The Zoning Administrator of the City of Newport Beach hereby approves the Coastal
Development Permit (PA2022-0278), 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 (NBMC). 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 13TH DAY OF APRIL, 2023.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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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. Revisions to the approved plans may require an amendment to this Coastal Development
Permit or the processing of a new Coastal Development Permit.
3. This Coastal Development Permit does not authorize any development bayward of the
private property.
4. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
5. Coastal Development Permit No. PA2022-0278 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 (NBMC), unless an extension is otherwise
granted.
6. Prior to final building permit inspection, the Applicant shall obtain approval from the
California Coastal Commission for any improvements or construction bayward of the
property, including, but not limited to, demolition of the dock.
7. Prior to submittal to California Coastal Commission, an Approval-In-Concept (AIC) shall be
required from the Planning Division and Public Works Department for the new bulkhead.
8. Prior to final building permit inspection, the existing seawall shall be replaced to a height
of 10.90 feet (NAVD88) and capable to be raised up to 14.4 feet (NAVD88), in compliance
with the City of Newport Beach Waterfront Project Guidelines and Standards, Harbor
Design Criteria Commercial & Residential Facilities.
9. Prior to the issuance of a building permit, the property owner shall submit a notarized
signed letter acknowledging all hazards present at the site, assuming the risk of injury or
damage from such hazards, unconditionally waiving any claims of damage against the City
from such hazards, and to indemnify and hold harmless City, its City Council, its boards
and commissions, officials, officers, employees, and agents from and against any and all
claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including without limitation,
attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which
may arise from or in any manner relate (directly or indirectly) to City’s approval of
development. The letter shall be scanned into the plan set prior to building permit issuance.
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10. Prior to final building permit inspection, an agreement in a form approved by the City
Attorney between the property owner and the City shall be executed and recorded waiving
rights to the construction of future shoreline protection devices 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.
11. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall comply with the approved
WQHP/WQMP and any changes could require separate review and approval by the
Building Division.
12. Prior to the issuance of a building permit, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
13. Prior to the issuance of a building permit, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building Division.
14. Prior to the issuance of a building permit, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans.
15. 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.
16. 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.
17. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in confined
areas specifically designed to control runoff. A designated fueling and vehicle maintenance
area with appropriate berms and protection to prevent spillage shall be provided as far
away from storm drain systems or receiving waters as possible.
18. Debris from demolition shall be removed from work areas each day and removed from the
project site within 24 hours of the completion of the project. Stock-piles and construction
materials shall be covered, enclosed on all sites, not stored in contact with the soil, and
located as far away as possible from drain inlets and any waterway.
19. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of
each construction day. Solid waste, including excess concrete, shall be disposed in
adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
20. 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
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Zoning Administrator Resolution No. ZA2023-###
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species and water efficient irrigation design. The plans shall be approved by the Planning
Division.
21. All landscape materials and irrigation systems shall be maintained in accordance with the
approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
22. 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.
23. 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:
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
24. 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
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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.
25. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
26. 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.
27. This Coastal Development Permit may be modified or revoked by the Zoning Administrator
if determined that the proposed uses or conditions under which it is being operated or
maintained is detrimental to the public health, welfare or materially injurious to property or
improvements in the vicinity or if the property is operated or maintained so as to constitute
a public nuisance.
28. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the current
business owner, property owner, or the leasing agent.
29. 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 Cabraloff Residence including, but not limited to, Coastal Development
Permit (PA2022-0278). 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
30. Prior to submittal to California Coastal Commission, an Approval-In-Concept (AIC) shall be
required from the Public Works Department for any new dock and/or deck improvements.
Building Division
31. The plans shall be prepared by licensed design professional in the State of CA for three (3)-
story structure.
32. The plans shall comply with Special Flood Hazard Area requirements. The lowest floor
elevations shall be above the minimum Design Flood Elevation (DFE) for flood zone AE8.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Coastal Development Permit
PA2022-0278
504 38th Street
Subject Property
Subject Property
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Attachment No. ZA 3
Project Plans
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Zoning Administrator - April 13, 2023 Item No. 3a Additional Materials Received Cabraloff Residence Coastal Development Permit (PA2022-0278)
Zoning Administrator - April 13, 2023 Item No. 3a Additional Materials Received Cabraloff Residence Coastal Development Permit (PA2022-0278)
Zoning Administrator - April 13, 2023 Item No. 3a Additional Materials Received Cabraloff Residence Coastal Development Permit (PA2022-0278)
Zoning Administrator - April 13, 2023 Item No. 3a Additional Materials Received Cabraloff Residence Coastal Development Permit (PA2022-0278)
Zoning Administrator - April 13, 2023 Item No. 3a Additional Materials Received Cabraloff Residence Coastal Development Permit (PA2022-0278)