HomeMy WebLinkAbout03_Rizko Residence CDP_PA2023-0043CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 25, 2023
Agenda Item No. 3
SUBJECT: Rizko Residence (PA2023-0043)
▪Coastal Development Permit
SITE LOCATION: 306 Via Lido Nord
APPLICANT: Allie Schieble, Oatman Architects
OWNERS: Joumana & Camille Rizko
PLANNER: Afshin Atapour, Assistant Planner
949-644-3237, aatapour@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: RM (Multiple Residential)
•Zoning District: RM (Multiple Residential)
•Coastal Land Use Plan Category: RM-E (Multiple Unit Residential) – (30.0 – 39.9
DU/AC)
•Coastal Zoning District: RM (Multiple Residential)
PROJECT SUMMARY
A coastal development permit (CDP) to allow the demolition of an existing 4,515-square
foot, two (2)-story, single-unit dwelling with an attached 746-square-foot, three (3)-car
garage and construction of a new 4,346-square-foot, two (2)-story, single-unit dwelling
with an attached 714-square-foot, three (3)-car garage. The project also includes a non-
habitable 327-square-foot boat storage area between the proposed home and the existing
seawall. 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.
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
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Zoning Administrator, May 25, 2023
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3)Adopt Draft Zoning Administrator Resolution No. _ approving a Coastal Development
Permit (Attachment No. ZA 1).
DISCUSSION
Land Use and Development Standards
•The subject property is in the RM Coastal Zoning District, which provides for areas
appropriate for multi-unit residential developments containing attached or detached
dwelling units and is consistent with the City’s Coastal Land Use Plan, General Plan,
and Zoning Code. A coastal development permit is required for the project because
the property is on the waterfront and is not located in the Categorical Exclusion area.
The property is not eligible for a waiver for de minimis development because the
property is located in the Coastal Commission’s appeal area.
•The property currently consists of one legal lot developed with a single-unit dwelling.
As shown in the aerial map provided as Attachment No. ZA 2 Vicinity Map, the
neighborhood is predominantly developed with two (2)-story, single-unit, and two (2)-
unit dwellings. The proposed design, bulk, and scale of the two (2)-story single unit
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 (Lido Channel) 0 feet 0 feet
Second Front (Street) 4 feet 4 feet
Sides 4 feet 4 feet
Allowable Floor Area (max.) 5,568 sq. ft. 4,460 sq. ft. 1
Open Space (min.) 477 sq. ft. 689 sq. ft.
Parking (min.) 3-car garage 3-car garage
Height (max.) 24 feet flat roof
29 feet sloped roof
24 feet flat roof
29 feet sloped roof
1.The proposed residence is 4,346 square feet in livable area with an attached 714-square-foot
two (2)-car garage (total of 5,060 gross square feet). However, per Table 21.18-4 of NBMC
Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards), up
to 200 square feet of floor area per required parking space devoted to enclosed parking shall
not be included in calculations of total gross floor area.
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Hazards
•The development fronts the Lido Channel and is protected by a retaining wall which
serves as a seawall or shoreline protective device. A bulkhead conditions report was
prepared by PMA Consulting, Inc. dated April 10, 2023. The report concluded that
the existing seawall in conjunction with associated return walls and concrete stairs
along the south property line is required to protect the principal structure and adjacent
homes. The report states that the existing seawall appears to be in good condition
without noticeable evidence of distress. According to the proposed plans, the existing
seawall will be altered to accommodate a boat storage area underneath the deck
between the proposed home and seawall. As part of the boat storage development,
a new deepened footing for the seawall/retaining wall will be constructed underneath
the bay facing wall of the new home. Once the seawall is altered in accordance with
the report, no repair or replacement of the seawall, or additional shoreline protective
devices are anticipated within the next 75 years.
•A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated April 10, 2023. The current maximum bay water elevation is
7.7 feet (NAVD88). 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). The sea level is estimated to reach approximately 10.9 feet
(NAVD88) - (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 (NAVD88). The existing
seawall elevation is 13.4 feet NAVD 88. PMA Consulting, Inc. has confirmed that the
altered seawall design can be raised up to 14.4 feet (NAVD88) if needed and in
compliance with the updated guidelines. In addition, a concrete stem wall with an
elevation of 14.4 feet (NAVD88) can be constructed over the uppermost riser of the
stairs along the south property line to protect the structure from future sea level rise.
•The proposed finished floor elevation of the single-unit dwelling is 13.61 feet
NAVD88, which complies with the minimum 9.00-foot NAVD88 elevation standard.
The proposed finished floor elevation is also higher than the required minimum top
of bulkhead elevation for future sea level rise.
•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
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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.
•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. A preliminary WQHP/WQMP was prepared by
Toal Engineering, Inc. dated February 13, 2023. 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.
Public Access and Views
•The project site is located between the nearest public road and the sea or shoreline.
Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the
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NBMC 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 on an RM 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 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 property is not located adjacent to a coastal view road, public access way, or
coastal viewpoint as identified in the Coastal Land Use Plan (CLUP). The nearest
coastal view road identified by the CLUP is West Coast Highway, which is
approximately 1,000 feet north of the property. The nearest coastal viewpoint is a
small private park on the street end of Via Genoa, which is approximately 480 feet
east of the property and not visible from the site. As currently developed, the property
and other residences along Via Lido Nord are visible from the channel. However, the
proposed single-unit dwelling complies with all applicable Local Coastal Program
(LCP) development standards and maintains a building envelope consistent with the
existing neighborhood pattern of development. Additionally, the project does not
contain any unique features that could degrade the visual quality of the coastal zone.
•Vertical access to Lido Channel exists throughout Lido Isle, with the closest vertical
access point located at the street end of Strada Cordova, approximately 70 feet west
of the site. Additionally, lateral access is available on the walkway and small beach
in front of the site. 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-family
residences in urbanized areas. The proposed project consists of the demolition of an existing
4,515-square foot, two (2)-story, single-unit dwelling with an attached 746-square-foot, three
(3)-car garage and construction of a new 4,346-square-foot, two (2)-story, single-unit
dwelling with an attached 714-square-foot, three (3)-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.
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PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal Program
[LCP] Implementation Plan) of the Newport Beach Municipal Code. Final action taken by
the City may be appealed to the Coastal Commission in compliance with Section 21.64.035
(Appeal to the Coastal Commission) of the City’s certified LCP and Title 14 California Code
of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
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
TWO (2)-STORY SINGLE-UNIT DWELLING AND ATTACHED
THREE (3)-CAR GARAGE LOCATED AT 306 VIA LIDO NORD
(PA2023-0043)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Allie Schieble with Oatman Architects on behalf of the owners
Joumana and Camille Rizko with respect to property located at 306 Via Lido Nord, and
legally described as Lot 846 and the Northwesterly one-half of lot 845 of Tract 907,
requesting approval of a coastal development permit.
2.The applicant requests a coastal development permit (CDP) to allow the demolition of an
existing 4,515-square foot, two (2)-story, single-unit dwelling with an attached 746-square-
foot, three (3)-car garage and construction of a new 4,346-square-foot, two (2)-story,
single-unit dwelling with an attached 714-square-foot, three (3)-car garage. The project
also includes a non-habitable 327-square-foot boat storage area between the proposed
home and the existing seawall. 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 categorized Multiple Residential (RM) by the General Plan Land
Use Element and is located within the Multiple Residential (RM) Zoning District.
4.The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Multiple Unit Residential (RM-E) – (30.0 – 39.9 DU/AC) and it is located within
the Multiple Residential (RM) Coastal Zoning District.
5.A public hearing was held on May 25, 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
Conversion of Small Structures), because it has no potential to have a significant effect
on the environment.
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Zoning Administrator Resolution No. ZA2023-###
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2.Class 3 exempts the demolition and construction of up to three (3) single-family
residences in urbanized areas. The proposed project consists of the demolition of an
existing 4,515-square foot, two (2)-story, single-unit dwelling with an attached 746-
square-foot, three (3)-car garage and construction of a new 4,346-square-foot, two (2)-
story, single-unit dwelling with an attached 714-square-foot, three (3)-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 5,568 square-feet. The Project includes 4,346
square feet of livable area and an attached 714-square-foot three (3)-car garage.
The Multiple Residential (RM) zoning category excludes 200 square feet from the
total gross floor area per required parking space devoted to enclosed parking.
Therefore, the gross floor area is 4,460 square feet, which complies with the
maximum floor area limitation.
b.The proposed development provides the minimum required setbacks, which are 0
feet along the front property line abutting Lido Channel, 4 feet along each side
property line, and 4 feet along the second front property line property line abutting
Via Lido Nord.
c.The highest flat roof or 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.
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d.The proposed development provides a three (3)-car garage, meeting the minimum
three (3)-car garage requirement for a single-family residence with more than 4,000
square feet of habitable floor area.
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 neighborhood is predominantly developed with two-story, single-unit, and two (2)-
unit dwellings. The proposed design, bulk, and scale of the two-story single unit
development is consistent with the existing neighborhood pattern of development.
3.The development fronts the Lido Channel and is protected by a retaining wall which
serves as a seawall or shoreline protective device. A bulkhead conditions report was
prepared by PMA Consulting, Inc. dated April 10, 2023. The report concluded that the
existing seawall in conjunction with associated return walls and concrete stairs along
the south property line is required to protect the principal structure and adjacent homes.
The report states that the existing seawall appears to be in good condition without
noticeable evidence of distress. According to the proposed plans, the existing seawall
will be altered to accommodate a boat storage area underneath the deck between the
proposed home and seawall. As part of the boat storage development, a new deepened
footing for the seawall/retaining wall will be constructed underneath the bay facing wall
of the new home. Once the seawall is altered in accordance with the report, no repair or
replacement of the seawall, or additional shoreline protective devices are anticipated
within the next 75 years.
4.A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated April 10, 2023. The current maximum bay water elevation is 7.7
feet (NAVD88). 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).
The sea level is estimated to reach approximately 10.9 feet (NAVD88) - (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 (NAVD88). The existing seawall elevation is 13.4 feet
NAVD 88. PMA Consulting, Inc. has confirmed that the altered seawall design can be
raised up to 14.4 feet (NAVD88) if needed and in compliance with the updated guidelines.
In addition, a concrete stem wall with an elevation of 14.4 feet (NAVD88) can be
constructed over the uppermost riser of the stairs along the south property line to protect
the structure from future sea level rise.
6.The proposed finished floor elevation of the single-unit dwelling is 13.61 feet NAVD88,
which complies with the minimum 9.00-foot NAVD88 elevation standard. The proposed
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Zoning Administrator Resolution No. ZA2023-###
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finished floor elevation is also higher than the required minimum top of bulkhead elevation
for future sea level rise.
7.The property is in an area known for the potential of seismic activity and liquefaction. All
projects are required to comply with the California Building Code (CBC) and Building
Division standards and policies. Geotechnical investigations specifically addressing
liquefaction are required to be reviewed and approved prior to the issuance of 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 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 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 Newport Beach Municipal Code (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. A preliminary WQHP/WQMP was prepared by Toal Engineering, Inc.
dated February 13, 2023. 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. The construction plans will be reviewed for compliance with the
approved WQHP prior to 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.
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13.The property is not located adjacent to a coastal view road, public access way, or coastal
viewpoint as identified in the Coastal Land Use Plan (CLUP). The nearest coastal view
road identified by the CLUP is West Coast Highway, which is approximately 1,000 feet
north of the property. The nearest coastal viewpoint is a small private park on the street
end of Via Genoa, which is approximately 480 feet east of the property and not visible from
the site. As currently developed, the property and other residences along Via Lido Nord
are visible from the channel. However, the proposed single-unit dwelling complies with all
applicable Local Coastal Program (LCP) development standards and maintains a building
envelope consistent with the existing neighborhood pattern of development. Additionally,
the project does not contain any unique features that could degrade the visual quality of
the coastal zone.
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.
Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC
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 on an RM 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 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.Vertical access to Lido Channel exists throughout Lido Isle, with the closest vertical access
point located at the street end of Strada Cordova, approximately 70 feet west of the site.
Additionally, lateral access is available on the walkway and small beach in front of the site.
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.
2.The Zoning Administrator of the City of Newport Beach hereby approves the Coastal
Development Permit (PA2023-0043), subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
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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 25TH DAY OF MAY, 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.Coastal Development Permit No. PA2023-0043 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.
5.Prior to final building permit inspection, the seawall shall be modified to reach a minimum
elevation of 13.4 feet NAVD 88 with the capability 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.
6.Prior to the issuance of building permits, a Certificate of Compliance shall be submitted
and recorded by the applicant.
7.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.
8.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.
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Zoning Administrator Resolution No. ZA2023-###
Page 8 of 10
9.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 CPPP
and WQHP/WQMP and any changes could require separate review and approval by the
Building Division.
10.Prior to the issuance of a building permit, the applicant shall submit a final construction
pollution prevention plan (CPPP). The plan shall be subject to the review and approval by
the Building Division.
11.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.
12.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.
13.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.
14.All construction activities shall occur within private property and the use of mechanized
equipment is prohibited within the Bay and public property.
15.This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
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
species and water efficient irrigation design. The plans shall be approved by the Planning
Division.
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Zoning Administrator Resolution No. ZA2023-###
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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
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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Zoning Administrator Resolution No. ZA2023-###
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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 Rizko Residence including, but not limited to, Coastal Development Permit
(PA2023-0043). 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.There shall be no structural encroachment within the four (4)-foot public utilities easement
along Via Lido Nord.
31.The boat storage door shall not encroach or swing out into the public-right-of way.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Coastal Development Permit
PA2023-0043
306 Via Lido Nord
Subject Property
Subject Property
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Attachment No. ZA 3
Project Plans
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