HomeMy WebLinkAbout02_Fowlkes Residence CDP_PA2022-0311CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 27, 2023
Agenda Item No. 2
SUBJECT: Fowlke Residence (PA2022-0311)
▪Coastal Development Permit
SITE LOCATION: 2722 Bay Shore Drive
APPLICANT: Pat Austin
OWNER: Steven Fowlkes
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221 mwhelan@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: RS-D (Single unit Residential Detached)
•Zoning District: R-1 (Single-Unit Residential)
•Coastal Land Use Plan Category: RSD-B (Single Unit Residential Detached (6.0-
9.9 DU/AC))
•Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A coastal development permit (CDP) to allow the demolition of an existing single-unit
dwelling and the construction of a new two (2)-story, 3,998-square-foot, single-unit
residence including a 632-square-foot-three (3)-car garage. Project implementation
includes repairing, reinforcing, and raising the existing bulkhead. It complies with all
applicable development standards and no deviations are requested. The CDP 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 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 a Coastal Development
Permit (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
• The subject property is in the R-1 Coastal Zoning District, which provides for single-
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 in the Coastal Commission Appeal Area.
• The property currently consists of one legal lot developed with a single-family
residence. The neighborhood is predominantly developed with two (2)-story,
single-family residences. The proposed design, bulk, and scale of the development
are consistent with the existing neighborhood pattern of development and
expected future development consistent with applicable development standards.
• The proposed single-family dwelling and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1 below.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Bayshore Drive) 0 feet 0 feet
Sides 4 feet 4 feet
Front (Water) 10 feet 26 feet
Allowable Floor Area (max.) 5,780 square feet 3,998 square feet
Allowable 3rd Floor Area (max.) 433 square feet 0 square feet
Allowable 3rd Floor Area &
Covered (max.)
1,455 square feet 0 square feet
Open Space (min.) 434 square feet 642 square feet
Parking (min.) 2-car garage 3-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
Hazards
• A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated February 4, 2023, 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 8.90 feet (NAVD 88)
during high tide or storm events. The report analyzes future sea level rise
scenarios assuming a 3.05-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 10.75 feet NAVD 88 (the likely range for sea level rise over
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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).
• On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential
Facilities. The guidelines require that any structure permitted within the years 2021
through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD 88)
with a design for adaptability elevation of 14.4 feet (NAVD 88). The project has
been conditioned to raise the bulkhead to an elevation of 10.9 feet (NAVD 88).
PMA Consulting, Inc. has confirmed the bulkhead can be raised up to 14.4 feet
NAVD88 if needed and in compliance with the updated guidelines.
• Once the existing seawall/bulkhead is repaired, reinforced, and raised per the
report’s recommendations, flooding, wave run-up, and erosion will not significantly
impact this property over the proposed 75-year economic life of the development.
Flood shields (sandbags and other barriers) can be deployed across the openings
to protect and prevent flooding to the structure. The report concludes that the
proposed project will be safe from flooding hazards for the next 75 years with the
reinforced, capped, and raised bulkhead. Therefore, the project has been
conditioned to raise and cap the bulkhead up to 10.9 feet (NAVD 88).
• The finished floor elevation of the proposed single-family residence is 13.03 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 finished floor for the
anticipated 75-year life of the structure.
• Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv)
– (Natural Landform and Shoreline Protection - Development Standards), the
property owner will be required to enter into an agreement with the City waiving
any potential right to protection to address situations in the future in which the
development is threatened with damage or destruction by coastal hazards (e.g.,
waves, erosion, and sea level rise). The property owner will also be required to
acknowledge any hazards present at the site and unconditionally waive any claim
to damage or liability against the decision authority, consistent with NBMC Section
21.30.015(D)(3)(c) – (General Site Planning and Development Standards -
Waterfront Development). Both requirements are included as conditions of
approval that will need to be satisfied prior to final building inspection, and prior to
the issuance of building permits, respectively.
• The property owner will also be required to acknowledge any hazards present at
the site and unconditionally waive any claim to damage or liability against the
decision authority, consistent with NBMC Section 21.30.015(D)(3)(c) – (General
Site Planning and Development Standards - Waterfront Development). This
requirement is included as a condition of approval that will need to be satisfied
before the issuance of building permits, respectively.
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Zoning Administrator, April 27, 2023
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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 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.
Water Quality
• The property is located adjacent to coastal waters. 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.
• Pursuant 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 WQMP has been
prepared for the project by Thomas M. Ruiz dated, December 8, 2022. The WQHP
includes a polluted runoff and hydrologic site characterization, a sizing standard for
BMPs, the use of a 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 before
building permit issuance.
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-family residence
located on a standard R-1 lot with a new single-family residence. Therefore, the
project does not involve a change in land use, density, or intensity that will result in
increased demand 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 located in the private community of Bay Shores. Developed in
1941, Bay Shores is a 258-lot single-family gated community located on the Lido
Channel southwest of Coast Highway and Newport Bay Bridge. The 39-unit
Anchorage Apartment complex is also located within the community. The community
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Fowlkes Residence (PA2022-0311)
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is accessible from Coast Highway via Bay Shores Drive, a private street. The
shoreline is on the south and east sides of the community and consists of bulkheads
and two small sandy beaches.
•The residential lot does not currently provide, nor does it inhibit public coastal access.
The nearest public vertical access to the harbor is available adjacent to the Bay
Shores Community, at the Balboa Bay Club, approximately 1,800 feet to the west
from the subject property. Public access points to the shore can be found along Coast
Highway and Castaways Park.
•The project site is not located adjacent to a coastal viewpoint as identified in the
Coastal Land Use Plan. The nearest designated coastal viewpoint is at Lower
Castaways Park, approximately 1,000 feet to the north of the project site. The
residence is within the general viewshed from the park when looking toward the
Pacific Ocean. The project is also within the general viewshed of a coastal view road,
West Coast Highway, while passing over the Newport Bay Bridge when looking at
the harbor and beyond. The two (2)-story residence however is sited within a fully
developed neighborhood and surrounded by other single-family residences. The
project has been designed to comply with height limitations and any public view of
the home is highly likely to be obscured by the adjacent residences.
•As a waterfront property, the east elevation of the new residence will be visible from
the harbor. The proposed home is set back 29 feet to the first floor and 26 feet to the
second floor from the property line along the water where the zoning code only
requires a 10-foot setback. This results in the project providing additional open
volume (approximately 200 square feet more than the minimum Code requirement),
leaves the lot more open along the water and reduces the visual appearance of a
building mass so close to the waterfront. The proposed two-story design of the
residence is consistent with the existing neighborhood pattern of development,
complies with all applicable development standards, and has no unique features that
would result in adverse impacts to public views. The proposed project should not
impact coastal 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)- single-family-residence
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Fowlkes Residence (PA2022-0311)
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and the construction of a new 3,998-square-foot, single-family residence including a 632-
square-foot attached 3-car-garage.
There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would
invalidate the use of this 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 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. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
CC/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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01-10-2023
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-FAMILY RESIDENCE AND CONSTRUCT A
NEW TWO (2)-STORY SINGLE-FAMILY RESIDENCE AND
ATTACHED THREE (3)-CAR GARAGE LOCATED AT 2722 BAY
SHORE DRIVE (PA2022-0311)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Pat Austin, Architect, concerning property located at 2722 Bay
Shore Drive, requesting approval of a coastal development permit.
2. The lot at 2722 Bay Shore Drive is legally described as Lot 7 in Tract 01014.
3. The applicant proposes the demolition of an existing single-unit dwelling and the
construction of a new two (2)-story, 3,998-square-foot, single-unit residence including a
632-square-foot-three (3)-car garage. Project implementation includes repairing,
reinforcing, and raising the existing bulkhead. 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 categorized RS-D (Single Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1 (Single-Unit Residential)
Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-B (Single Unit Residential Detached) – (6.0 – 9.9 DU/AC) and it is located
within the R-1 (Single-Unit Residential) Coastal Zoning District.
6. A public hearing was held on April 27, 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 pursuant to Title 14 of the California Code of
Regulations Section 15303, Division 6, Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures), because it has no potential to have a significant effect on
the environment.
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01-10-2023
2. 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)- single-family-
residence and the construction of a new 3,998-square-foot, single-family residence
including a 632-square-foot attached 3-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.
By 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 5,780 square feet and the proposed floor area
is 3,998 square feet.
b. The proposed development provides the minimum required setbacks, which are 10
feet along the harbor side, 4 feet along each side property line, and 0 feet along
Bayshore Drive.
c. The highest guardrail is less than 24 feet from the established grade (12.04 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 three (3) vehicles, exceeding the
minimum two (2)-car garage parking requirement for single-family residences with
less than 4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with two (2)-story, single-family
residences. The proposed design, bulk, and scale of the development are consistent
with the existing neighborhood pattern of development.
3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated February 4, 2023, for the project. The current maximum bay water
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Zoning Administrator Resolution No. ZA2023-###
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01-10-2023
elevation is 7.7 feet NAVD88 (North American Vertical Datum of 1988 (NAVD88) and
may exceed the existing 8.90 feet NAVD88 top of bulkhead elevation during high tide or
storm events. The report analyzes future sea level rise scenarios assuming a 3.05-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 10.75 feet NAVD88 (the
likely range for sea level rise over the 75-year design life of the structure based on low-
risk aversion estimates for sea level rise provided by the State of California, Sea Level
Rise Guidance: 2018 Update).
4.On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities.
The guidelines require that any structure permitted within the years 2021 through 2025
must have a minimum bulkhead elevation of 10.9 feet (NAVD 88) with a design for
adaptability elevation of 14.4 feet (NAVD 88). The project has been conditioned to raise
the bulkhead to an elevation of 10.9 feet (NAVD 88). PMA Consulting, Inc. has confirmed
the bulkhead can be raised up to 14.4 feet NAVD88 if needed and in compliance with
the updated guidelines.
5.Once the existing seawall/bulkhead is repaired, reinforced, and raised per the report’s
recommendations, flooding, wave run-up, and erosion will not significantly impact this
property over the proposed 75-year economic life of the development. Flood shields
(sandbags and other barriers) can be deployed across the openings to protect and
prevent flooding to the structure. The report concludes that the proposed project will be
safe from flooding hazards for the next 75 years with the reinforced, capped, and raised
bulkhead. Therefore, the project has been conditioned to raise/cap the bulkhead up to
10.9 feet (NAVD 88).
6.The finished floor elevation of the proposed single-family residence is 13.03 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 finished floor for the anticipated 75-year life of the
structure.
7.Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv) –
(Natural Landform and Shoreline Protection - Development Standards), the property owner
will be required to enter into an agreement with the City waiving any potential right to
protection to address situations in the future in which the development is threatened with
damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise).
8.The property owner will also be required to acknowledge any hazards present at the site
and unconditionally waive any claim to damage or liability against the decision authority,
consistent with NBMC Section 21.30.015(D)(3)(c) – (General Site Planning and
Development Standards - Waterfront Development). This requirement is included as a
condition of approval that will need to be satisfied before the issuance of building permits,
respectively.
9.The property is in an area known for the potential of seismic activity and liquefaction. All
projects are required to comply with the California Building Code (CBC) and Building
Division standards and policies. Geotechnical investigations specifically addressing
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01-10-2023
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.
10. The property is located adjacent to coastal waters. A Construction Erosion Control Plan
was provided to implement temporary Best Management Practices (BMPs) during
construction to minimize erosion and sedimentation and to minimize pollution of runoff and
coastal waters derived from construction chemicals and materials. The project design also
addresses water quality through the inclusion of a post-construction drainage system that
includes drainage and percolation features designed to retain dry weather and minor rain
event runoff on-site. Any water not retained on-site is directed to the City’s storm drain
system.
11. Pursuant 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 WQMP has been prepared for the project by
Thomas M. Ruiz dated, December 8, 2022. The WQHP includes a polluted runoff and
hydrologic site characterization, a sizing standard for BMPs, the use of a 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 before building permit issuance.
12. 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.
13. The project site is not located adjacent to a coastal viewpoint as identified in the Coastal
Land Use Plan. The nearest designated coastal viewpoint is at Lower Castaways Park,
approximately 1,000 feet to the north of the project site. The residence is within the general
viewshed from the park when looking toward the Pacific Ocean. The project is also within
the general viewshed of a coastal view road, West Coast Highway, while passing over the
Newport Bay Bridge when looking at the harbor and beyond. The two (2)-story residence
however is sited within a fully developed neighborhood and surrounded by other single-
family residences. The project has been designed to comply with height limitations and
any public view of the home is highly likely to be obscured by the adjacent residences.
14. As a waterfront property, the east elevation of the new residence will be visible from the
harbor. The proposed home is set back 29 feet to the first floor and 26 feet to the second
floor from the property line along the water where the zoning code only requires a 10-
foot setback. This results in the project providing additional open volume (approximately
200 square feet more than the minimum Code requirement), leaves the lot more open
along the water and reduces the visual appearance of a building mass so close to the
waterfront. The proposed two (2)-story design of the residence is consistent with the
existing neighborhood pattern of development, complies with all applicable development
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01-10-2023
standards, and has no unique features that would result in adverse impacts to public
views. The proposed project should not impact coastal 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.
Fact in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public access bear a
reasonable relationship between the requirement and the project’s impact and be proportional
to the impact. In this case, the project replaces an existing single-family residence located on
a standard R-1 lot with a new single-family residence. Therefore, the project does not involve
a change in land use, density, or intensity that will result in increased demand 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.
2. The project site is located in the private community of Bay Shores. Developed in 1941, Bay
Shores is a 258-lot single-family gated community located on the Lido Channel southwest of
Coast Highway and Newport Bay Bridge. The 39-unit Anchorage Apartment complex is also
located within the community. The community is accessible from Coast Highway via Bay
Shores Drive, a private street. The shoreline is on the south and east sides of the community
and consists of bulkheads and two small sandy beaches.
3. The residential lot does not currently provide, nor does it inhibit public coastal access. The
nearest public vertical access to the harbor is available adjacent to the Bay Shores
Community, at the Balboa Bay Club, approximately 1,800 feet to the west from the subject
property. Public access points to the shore can be found along Coast Highway and Castaways
Park.
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 under 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 (PA2022-0311), subject to the conditions outlined in Exhibit “A,” which
is attached hereto and incorporated by reference.
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01-10-2023
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 27TH DAY OF APRIL 2023.
_____________________________________
Benjamin M Zdeba, AICP, Zoning Administrator
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01-10-2023
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. Before the final building permits, the existing seawall shall be reinforced and capped to
10.90 feet (NAVD 88) and capable to be raised up to 14.4 feet (NAVD 88), in compliance
with the City of Newport Beach Waterfront Project Guidelines and Standards, Harbor
Design Criteria Commercial & Residential Facilities
3. The existing seawall shall be reinforced by the recommendations provided in the Coastal
Hazards Report and Sea Level Rise Analysis prepared by PMA Consulting, Inc.
February 4, 2023.
4. Before 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.
5. Before 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 before building permit
issuance.
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. 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).
Before the issuance of building permits, the applicant shall provide a copy of said coastal
development permit or CDP waiver or documentation from the Coastal Commission that
subject improvements are not subject to the permit requirements of the Coastal Act
and/or not located within the permit jurisdiction of the Coastal Commission.
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Zoning Administrator Resolution No. ZA2023-###
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01-10-2023
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
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 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 or two 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 before 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.
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01-10-2023
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. 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 by 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. 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.
19. Before 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. Before 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. Before 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. Before issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. The implementation shall comply with the approved
CPPP and WQHP/WQMP and any changes could require separate review and approval
by the Building Division.
23. Before the issuance of building permits, the applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought-tolerant plantings, non-invasive
plant species, and water-efficient irrigation design. The plans shall be approved by the
Planning Division.
24. All landscape materials and irrigation systems shall be maintained by 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.
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25. 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.
26. 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
27. Before 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.
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 the current
property owner or agent.
29. This Coastal Development Permit (PA2022-0311) 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.
30. 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 Fowlkes Residence including but not limited to,
Coastal Development Permit (PA2022-0311). 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 all 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.
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Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Coastal Development Permit
PA2022-0311
2722 Bay Shore Drive
Subject Property
Subject Property
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Attachment No. ZA 3
Project Plans
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