HomeMy WebLinkAbout05_Irwin Residence CDP_PA2023-0123
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 26, 2023
Agenda Item No. 5
SUBJECT: Irwin Residence (PA2023-0123)
• Coastal Development Permit
SITE LOCATION: 7 Beacon Bay
APPLICANT: Ian Harrison, Architect
OWNER: Jim and Nanci Irwin
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221 mwhelan@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-C (Two Unit Residential – 10.0-19.9 DU/AC)
• Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
A request for a coastal development permit to allow the demolition of an existing single-
unit residence and the construction of a new, three-story, 4,595-square-foot, 29-foot-tall
single-unit residence including a 617-square-foot, 3-car garage. The proposed
development includes additional appurtenances such as walls, fences, patios, hardscape,
drainage devices, and landscaping.
.
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 Coastal Development
Permit filed as PA2023-0123 (Attachment No. ZA 1).
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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-family
residence. The neighborhood is predominantly developed with two- and three-
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 (Bay) 15 feet 15 feet*
Sides 3 feet 5 feet
Front (Street) 3 feet 3 feet
Allowable Floor Area (max.) 5,576 square feet 4,595 square feet
Allowable 3rd Floor Area (max.) 418 square feet 354 square feet
Allowable 3rd Floor Area &
Covered (max.)
2,788 square feet 557 square feet
Open Space (min.) 419 square feet 460 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
*Variance No. 342 allows awnings and patio covers to encroach within 6 inches of front property line
on the water and half of the patio on the westerly side to be enclosed by glass. The principal structure
complies with the 15-foot setback.
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Hazards
• A Coastal Hazards Report was prepared by PMA Consulting, Inc. dated August
12, 2023. The project site is separated from the water by a small sandy beach. The
report concludes that the highest high tide elevation (currently 7.7 feet NAVD 88)
will not exceed 10.9 feet (NAVD 88) using the low-risk aversion projected sea level
rise (3.2-foot increase) over the 75-year design life of the structure based on
estimates for sea level rise provided by the State of California Sea-Level Rise
Guidance 2018. Therefore, the proposed project includes a waterproofing curb
around the primary structure at 10.95 feet NAVD 88. The report states that the
estimated sea level rise over the next 75 years, using the Medium-High Risk
Aversion, is potentially 6.7 feet (14.4 feet NAVD 88). Due to its location, the site is
not subject to typical ocean waves and associated wave runup. Bay generated
waves that may arrive at this site are very small and are generally dampened by
the vessels and dock systems in front of the site; therefore, the site has not
historically been subject to wave overtopping, nor is overtopping waters over the
next 75 years expected to reach the subject site, even under extreme conditions.
However, if the 6.7 feet NAVD88 (Medium High-Risk) projection holds true for year
2100, block walls could be built along site property lines to an elevation of 14.4
feet NAVD88. Based on the data provided, the study provides concludes that
coastal hazards will not impact the property over the next 75 years, as the
proposed project has minimal risk from flooding.
• The finished floor elevation of the proposed single-unit residence is 10.5 feet
(NAVD88), which complies with the minimum 9.00 feet (NAVD88) elevation
standard. The Coastal Hazard Report concludes that the bay water elevation
(currently 7.7 feet NAVD88) will not exceed the proposed flood protection curb
around the single-family residence at 10.95 feet (NAVD88 datum) for the
anticipated 75-year life of the structure. Should the 6.7 feet NAVD88 (Medium
High-Risk) projection holds true for year 2100, block walls could be built along site
property lines to an elevation of 14.4 feet NAVD88.
• As conditioned pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) (Natural Landform
and Shoreline Protection), the property owner will be required to agree with the City
waiving any potential right to protection to address situations in the future in which
the development is threatened with damage or destruction by coastal hazards (e.g.,
waves, erosion, and sea level rise). The Waiver of Future Protection is included as a
condition of approval that will need to be satisfied before the final building inspection.
• As conditioned, 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). The Acknowledgement of Coastal
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Hazards is included as a condition of approval that will need to be satisfied before
the issuance of building permits.
• 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
• Under 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, June 23, 2023. 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.
• The project design addresses water quality with a construction erosion control plan
and a post-construction drainage system that includes drainage and percolation
features designed to retain dry weather runoff and minor rain event runoff on-site.
Any water not retained on-site is directed to the City’s storm drain system.
Public Access and Views
• The project site is located in the Beacon Bay area between the nearest public road
and the sea. 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 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 on
public access and recreation opportunities. Furthermore, the project is designed and
sited so as not to block or impede existing public access opportunities.
• The project site is not located adjacent to a coastal view road, public viewpoint, public
park, or public accessway, as identified in the Coastal Land Use Plan. The project
site is located adjacent to a public beach and is visible from the beach. The project
may be located within the viewshed of other distant public viewing areas. Site
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evaluation revealed that the proposed three -story design is consistent with the
existing neighborhood pattern of development and will not affect the existing views
afforded on Cape Cove or Shelter Cove Street ends. The project design includes low
walls along the front property line on the beach, which prevents the appearance of
the project being walled off from the beach. The project will replace an existing single-
family residence with a new single-family residence that complies with all applicable
Local Coastal Program (LCP) development standards and maintains a building
envelope consistent with the existing neighborhood pattern of development.
Therefore, the project does not have the potential to degrade the visual quality of the
Coastal Zone or result in significant adverse impacts to public views.
• Vertical access to the bay and beach is available at the terminus of Cape Cove,
Shelter Cove, and Reef Cove. Lateral access is available along the sandy beach.
The closest access is approximately 90 feet to the east of the site at Cape Cove. 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, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment. The Class 3 exemption
includes the construction of limited numbers of new, small structures, including one single-
family residence.
Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of one single-family residence and the construction of a new 4,595-square-
foot single-family residence including an attached 617-square-foot 3-car garage and
therefore qualifies within this exemption. 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.
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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:
LAW/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
6
Attachment No. ZA 1
Draft Resolution
7
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-UNIT RESIDENCE AND CONSTRUCT A NEW
THREE-STORY SINGLE-UNIT RESIDENCE AND ATTACHED
THREE-CAR GARAGE LOCATED AT 7 BEACON BAY (PA2023-
0123)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Ian Harrison, concerning property located at 7 Beacon Bay,
requesting approval of a coastal development permit.
2. The lot at 7 Beacon Bay is legally described as Lot 7 Record of Survey Book 9 Page 42-
43.
3. The applicant requests a coastal development permit to allow the demolition of an existing
single-unit residence and the construction of a new, three-story, 4,595-square-foot single-
unit residence including a 617-square-foot, 3-car garage. The proposed development
includes additional appurtenances such as walls, fences, patios, hardscape, drainage
devices, and landscaping.
4. The property is located within the Two-Unit Residential (R-2) Zoning District and the
General Plan Land Use Element category is Two Unit Residential (RT). The R-2 Zoning
District permits single and two-unit residential dwellings.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Two Unit Residential (10.0 – 19.9 DU/AC) – (RT-C) and the Coastal Zoning
District is Two-Unit Residential (R-2).
6. A public hearing was held on October 26, 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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Zoning Administrator Resolution No. ZA2023-###
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01-10-2023
2. Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of one single-family residence and the construction of a new 3,978-square-
foot, single-family residence, and attached 617-square-foot, three-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 5,576 square feet and the proposed floor area
is 4,595 square feet.
b. The proposed development provides the minimum required setbacks, which are 15
feet along the front property line abutting the Bay, 3 feet along each side property
line, and 3 feet along the front property line abutting the street.
c. The highest guardrail is less than 24 feet from the established grade (9.80 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 vehicles, exceeding the
minimum two-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- and three-story, single-unit
residences. The proposed design, bulk, and scale of the development are consistent
with the existing neighborhood pattern of development.
3. A Coastal Hazards Report was prepared by PMA Consulting, Inc. dated August 12,
2023. The project site is separated from the water by a small sandy beach. The report
concludes that the maximum high tide elevation (currently 7.7 feet NAVD 88) will not
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Zoning Administrator Resolution No. ZA2023-###
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01-10-2023
exceed 10.9 feet (NAVD 88) using the low-risk aversion projected sea level rise (3.2-
foot increase) over the 75-year design life of the structure based on estimates for sea
level rise provided by the State of California Sea-Level Rise Guidance 2018. Therefore,
the proposed project includes a waterproofing curb around the primary structure at 10.9
feet NAVD 88. The report states that the estimated sea level rise over the next 75 years,
using the Medium-High Risk Aversion, is potentially 6.7 feet (14.4 feet NAVD 88). Due
to its location, the site is not subject to typical ocean waves and associated wave runup.
Bay generated waves that may arrive at this site are very small and are generally
dampened by the vessels and dock systems in front of the site; therefore, the site has
not historically been subject to wave overtopping, nor is overtopping waters over the
next 75 years expected to reach the subject site, even under extreme conditions.
However, if the 6.7 feet NAVD88 (Medium High-Risk) projection holds true for year 2100,
block walls could be built along site property lines to an elevation of 14.4 feet NAVD88.
Based on the data provided, the study concludes that coastal hazards will not impact
the property over the next 75 years, as the proposed project has minimal risk from
flooding.
4. The finished floor elevation of the proposed single-unit residence is 10.5 feet (NAVD88),
which complies with the minimum 9.00 feet (NAVD88) elevation standard. The Coastal
Hazard Report concludes that the bay water elevation (currently 7.7 feet NAVD88) will
not exceed the proposed flood protection curb around the single-family residence at
10.9 feet (NAVD88 datum) for the anticipated 75-year life of the structure.
5. Under NBMC Section 21.30.030(C)(3)(i)(iv) (Natural Landform and Shoreline Protection),
the property owner will be required to agree with the City waiving any potential right to
protection to address situations in the future in which the development is threatened with
damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). This
requirement is included as a condition of approval that will need to be satisfied before the
final building permit inspection, respectively.
6. The property owner will also be required to acknowledge any hazards present at the site
and unconditionally waive any claim to damage or liability against the decision authority,
consistent with NBMC Section 21.30.015(D)(3)(c) (General Site Planning and
Development Standards). This requirement is included as a condition of approval that will
need to be satisfied before the issuance of building permits, respectively.
7. The property is in an area known for the potential of seismic activity and liquefaction. All
projects are required to comply with the California Building Code (CBC) and Building
Division standards and policies. Geotechnical investigations specifically addressing
liquefaction are required to be reviewed and approved before the issuance of building
permits. Permit issuance is also contingent on the inclusion of design mitigation identified
in the investigations. Construction plans are reviewed for compliance with approved
investigations and CBC before building permit issuance.
8. The property is located adjacent to of 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
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Zoning Administrator Resolution No. ZA2023-###
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01-10-2023
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.
9. Under Municipal Code Section 21.35.050, due to the proximity of the development to the
shoreline and the development containing more than 75 percent of impervious surface
area, a Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQMP has
been prepared for the project by Thomas M. Ruiz dated, June 23, 2023. 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.
10. 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.
11. The project site is not located adjacent to a coastal view road, public viewpoint, public park,
or public accessway, as identified in the Coastal Land Use Plan. The project site is located
adjacent to a public beach and is visible from the beach. The project may be located within
the viewshed of other distant public viewing areas. Site evaluation revealed that the
proposed three (3)-story design is consistent with the existing neighborhood pattern of
development and will not affect the existing views afforded on the Cape Cove or Shelter
Cove Street ends. The project design includes low walls along the front property line on
the beach, which prevents the appearance of the project being walled off from the beach.
The project will replace an existing single-unit residence with a new single-unit residence
that complies with all applicable Local Coastal Program (LCP) development standards and
maintains a building envelope consistent with the existing neighborhood pattern of
development. Therefore, the project does not have the potential to degrade the visual
quality of the Coastal Zone or result in significant adverse impacts to public views.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Facts in Support of Finding:
1. The project site is located in the Beacon Bay area between the nearest public road and
the sea. 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 residence with a new
single-unit residence. 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
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01-10-2023
opportunities. Furthermore, the project is designed and sited so as not to block or impede
existing public access opportunities.
2. Vertical access to the bay and beach is available at the terminus of Cape Cove, Shell
Cove, and Reef Cove. Lateral access is available along the sandy beach. The closest
access is approximately 90 feet to the east of the site at Cape Cove. 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 under Section 15303
under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has
no potential to have a significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit (PA2023-0123), subject to the conditions outlined in Exhibit “A,” which
is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director by the provisions of Title 21 Local Coastal Program
(LCP) Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF OCTOBER, 2023.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. Before final building permit inspection, a waterproofing curb or similar design feature
shall be constructed around the proposed residence as an adaptive flood protection
device up to a minimum of 10.9 feet (NAVD88). Flood shields (sandbags and other
methods) can be deployed across the openings to protect and prevent flooding to the
structure.
3. Should future bay water elevations exceed the proposed waterproofing curb of 10.95
feet (NAVD 88) on-site block walls shall be constructed 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. However, the
future on-site block walls shall not be required if the City installs a structure to protect
the community that meets the minimum elevation requirements.
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 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.
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. 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.
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7. This Coastal Development Permit does not authorize any development seaward of the
private property. Prior to the final of building permits, all nonconforming hardscape
encroachments onto the sand shall be removed.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
14. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
14
Zoning Administrator Resolution No. ZA2023-###
Page 8 of 9
01-10-2023
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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. Noise-generating construction activities are not allowed on Saturdays,
Sundays, or Holidays.
24. 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
15
Zoning Administrator Resolution No. ZA2023-###
Page 9 of 9
01-10-2023
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
25. 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.
26. 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.
27. This Coastal Development Permit filed as PA2023-0123 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.
28. 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 Irwin Residence including but not limited to, Coastal
Development Permit filed as PA2023-0123. 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.
16
Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Coastal Development Permit
PA2023-0123
7 Beacon Bay
Subject Property
Subject Property
18
Attachment No. ZA 3
Project Plans
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
UP
UP
GARAGE
DEN/
HALLENTRY
LIVING
NOOK
KITCHEN
PANTRY
PREP
PLAY ROOM
KITCHEN
LAUNDRY
STG
DINING
LOT 6
9.75 F.F.E.
9.72 F.S.9.60 F.S.8.45 F.S.
9.55 F.S.
9.60 F.S.8.45 F.S.9.72 F.S.9.85 F.S.
9.75 F.S.
15.70 T.W.15.70 T.G.
15.85 T.G.
15.85 T.G.
P/A P/A P/AP/A
P/A P/A
P/AP/AP/A
P/A
TRASH BINS
EXISTING PALMS TO REMAIN - VERIFY ON SITE
EXISTING PALMS TO REMAIN - VERIFY ON SITE
B
L-2 AL-2
Scale: 1/4" = 1'-0"
Sheet No.
L-1
Revision No. Description
Project No.
HARDSCAPE PLAN
Sheet Title
Project Name
RESIDENCEIRWIN
A
D
D
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S
I
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4
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7 BEACON BAY NEWPORT BEACH, CA
N
Date: 5-16-23
5.31.24
35
UP
UP
GARAGE
DEN/
HALLENTRY
LIVING
NOOK
KITCHEN
PANTRY
PREP
PLAY ROOM
KITCHEN
LAUNDRY
STG
DINING
LOT 6
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
Scale: 1/4" = 1'-0"
Sheet No.
L-7
Revision No. Description
Project No.
PLANTING PLANSheet Title
Project Name
RESIDENCEIRWIN
A
D
D
E
S
I
G
N
I
N
C
an
t
h
o
n
y
@
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3
2
3
.
4
5
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5
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5
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7 BEACON BAY NEWPORT BEACH, CA
N
Date: 5-16-23
5.31.24
TRACHELOSPERMUM JASMINOIDES -STAR JASMINEBUXUS JAPONICA -JAPANESE BOXWOOD
SESLARIA CAERULEA -BLUE MOOR GRASS BUXUS JAPONICA 'GLOBE FORM' - JAPANESE BOXWOOD ISOTOMA FLUVIATILIS -BLUE STAR CREEPER
FICUS REPENS -CREEPING FIG
36
1
From:Jim Mosher <jimmosher@yahoo.com>
Sent:October 25, 2023 2:12 PM
To:CDD
Subject:ZA Item 5 (Irwin Residence Coastal Development Permit, PA2023-0123) - Public Comment
My apologies for the late comment, but with regard to Item 5 (Irwin Residence Coastal Development
Permit, PA2023-0123) on the October 26, 2023, Newport Beach Zoning Administrator agenda:
Finding A on handwritten page assures the decision-maker that the application "Conforms to all
applicable sections of the certified Local Coastal Program."
However, the plans (for example, page 29) show a "loggia" extending to within inches of the front
property line. Although such features seem common on the beachfront Beacon Bay homes, they are
inconsistent with Section 21.30.110.D.4.A of the LCP Implementation Plan, which allows residential
awnings and canopies to extend a maximum of 5 feet into the front setback (which I believe is 15 feet,
here), or one-half the depth of the setback (presumably if that is less).
The only justification for this that I can find is a footnote to Table 1 in the staff report,
referencing Variance No. 342. This was a Planning Commission action from 1957 granting the 24
beachfront Beacon Bay homes an exception from what was then NBMC Sec. 9105.4, a Zoning Law
provision allowing canopies to approach no more than 2.5 feet into "the required front yard." As the
footnote says, Variance No. 342 allowed "awnings and patio covers to encroach within 6 inches of
front property line on the water and half of the patio on the westerly side to be enclosed by glass."
The variance also imposed additional conditions and required approval of the design by the
Architectural Committee of the Beacon Bay Community Association.
The first problem is that since this is a Coastal Development Permit application, it is not clear how a
variance to the 1950 Planning and Zoning Law alters the clear provisions of the adopted LCP-IP.
The second is that even if Variance No. 342 was relevant, it is not clear it was properly granted. The
only justification offered is that without awnings larger than allowed by the code of day, sunlight
damaged furniture in Beacon Bay front rooms and interfered with their enjoyment. That hardly seems
a problem peculiar to these lots, nor was a right to erect extended canopies something enjoyed by
other similarly-situated property owners (including all those along the ocean front and essentially any
other south-facing property in the city). It seems more like a problem that should have been
addressed by revision to the code -- and the City's current Planning and Zoning Code, as well as the
LCP-IP, do indeed, now, allow awnings and canopies to extend a more generous 5 feet into the front
setback -- but not the partial enclosures allowed by Variance No. 342, which also appear inconsistent
with the LCP-IP.
-- Jim Mosher
Zoning Administrator - October 26, 2023 Item No. 5a Additional Materials Received Irwin Residence CDP (PA2023-0123)