HomeMy WebLinkAbout02_Shahbazi Residence CDP_PA2023-0195CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 11, 2024
Agenda Item No. 2
SUBJECT: Shahbazi Residence (PA2023-0195)
▪Coastal Development Permit
SITE LOCATION: 51 Linda Isle
APPLICANT: David Bailey
OWNER: Majid Shahbazi
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221 or 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
The applicant requests a coastal development permit (CDP) to allow the demolition of an
existing single-unit dwelling and construction of a new 4,724 square-foot two-story single-
unit dwelling and an attached 678 square-foot three-car garage. The project includes
raising the height of the existing bulkhead. The project also includes landscaping,
hardscaping, and site walls. The project complies with all applicable 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
3)Adopt Draft Zoning Administrator Resolution No. _ approving the Coastal
Development Permit filed as PA2023-0195 (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-unit dwelling,
cantilevered deck, and bulkhead. The neighborhood is predominantly developed with
two-story, single-unit dwellings. The proposed design, bulk, and scale of the
development are consistent with the existing neighborhood pattern of development
and the expected future development is 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 Standards1
Development Standard Standard Proposed
Setbacks (min.)
Front (Newport Bay) 10 feet 13 feet 11 inches
Sides 4 feet 4 feet
Front (street) 25 feet 27 feet 8 inches
Allowable Floor Area (max.) 6,770 square feet 5,402 square feet
Open Space (min.) 535 square feet 550 square feet
Parking (min.) 3-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 Geo
Soils, Inc. dated September 25, 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 9 feet (NAVD 88) during
high tide or storm events. The report analyzes future sea level rise scenarios
assuming a 3.2-foot increase in the maximum water level over the next 75 years
1 The proposed structure does not include a third story and, therefore, the third-floor development
standards are not included in the development standard overview.
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(i.e., the life of the structure). Therefore, the sea level is estimated to reach
approximately 10.9 feet (NAVD 88) (the likely range for sea level rise over 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).
Geo soils, Inc. has confirmed the bulkhead can be raised up to 14.4 feet (NAVD88)
if needed and if in compliance with the updated guidelines.
•Once the existing seawall/bulkhead is 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 raised bulkhead and a
flood protection curb. Therefore, the project has been conditioned to raise/cap the
bulkhead.
•The finished floor elevation of the proposed single-family residence is 10.6 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 bulkhead at the single-
family residence at 10.9 feet (NAVD 88) for the anticipated 75-year life of the
structure.
•Under the 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 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.
•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). The Acknowledgement of
Coastal Hazards is included as a condition of approval that will need to be satisfied
before the issuance of building permits.
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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
•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%of impervious surface area, a preliminary Water Quality and
Hydrology Plan (WQHP) is required. A preliminary WQHP has been prepared for the
project by Toal Engineering Inc. dated, July 13, 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
•Linda Isle is a private, 107-lot, single-unit residential community created in the 1960’s
and the existing home on-site was developed in 1973. The community predates the
California Coastal Act and does not provide public access to the bay or shore. A
gated bridge connects the island to the mainland at Bayside Drive. While Bayside
Drive is the first public road paralleling the sea and the project site is located between
Bayside Drive and the Harbor, the project will not affect the public’s ability to gain
access to use and/or view the coast and nearby recreational facilities.
•The closest designated Public Viewpoint is located approximately 1,100 feet to the
east of the property near the intersection of Bayside Drive and Harbor Island Drive.
Additionally, the proposed residence is located to the south of Coast Highway and to
the west of Bayside Drive, which are both Coastal View Roads as designated in the
Coastal Land Use Plan. Due to the distance of the proposed development from the
Public Viewpoint and Coastal View Roads as well as the intervening development
between, the project will not be visible from the aforementioned locations and will not
result in impacts to coastal views.
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•As a bayfront property, the north elevation of the new development will be visible
from the water. The design complies with all required setbacks which minimizes the
appearance of building bulk, and the design uses architectural treatments which will
enhance views from the water. Therefore, the project does not have the potential to
degrade the visual quality of the Coastal Zone or result in significant adverse impacts
on public views.
•Access to Linda Isle is provided via the Aloha Drive bridge that connects the island
to Bayside Drive and is not accessible to the public. The island has a recreational
tennis court, clubhouse, and sandy beach area in the northwestern portion of the
island on Linda Isle for residents of the community. Although not a public access way,
the project does not include any features that would obstruct access along this route.
•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-family residence located on
standard R-1 lot with a new single-family residence. 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.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) under Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no
potential to have a significant effect on the environment.
Class 3 exempts the demolition, construction, or conversion of up to three single-family
residences in urbanized areas. The proposed project consists of the demolition of an existing
single-unit dwelling and construction of a new 4,724 square-foot two-story single-unit
dwelling and an attached 678 square-foot three-car garage. The project also includes raising
the existing bulkhead. Therefore, the project 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
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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:
LAW/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. ZA2024-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING 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 51 LINDA ISLE (PA2023-0195)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by David Bailey, concerning property located at 51 Linda Isle,
requesting approval of a coastal development permit.
2.The lot at 51 Linda Isle is legally described as Lot 51 in Tract 4003.
3.The applicant requests a coastal development permit (CDP) to allow the demolition of an
existing single-unit dwelling and construction of a new 4,724 square-foot two-story single-
unit dwelling and an attached 678 square-foot three-car garage. The project includes
raising the height of the existing bulkhead. The project also includes landscaping,
hardscaping, and site walls. The project complies with all applicable development
standards and no deviations are requested.
4.The subject property is designated Single Unit Residential Detached (RS-D) by the
General Plan Land Use Element and is located within the Single-Unit Residential (R-1)
Zoning District.
5.The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single Unit Residential Detached (RSD-B) (6.0 – 9.9 DU/AC) and it is located
within the Single-Unit Residential (R-1) Coastal Zoning District.
6.A public hearing was held on April 11, 2024, 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.
2.Class 3 exempts the demolition, construction, or conversion of up to three single-family
residences in urbanized areas. The proposed project consists of the demolition of an
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existing single-unit dwelling and construction of a new 4,724 square-foot two-story
single-unit dwelling and an attached 678 square-foot three-car garage. The project also
includes raising the existing bulkhead. Therefore, the project 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.
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(F) (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 6,770 square feet and the proposed floor area
is 5,402 square feet.
b.The proposed development provides the minimum required setbacks, which are 10
feet along the front property line abutting Newport Bay, 4 feet along each side
property line, and 25 feet along the front property line abutting the street.
c.The highest guardrail is less than 24 feet from the established grade (9.67 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, complying with the
minimum three-car garage parking requirement for single-family residences with
more than 4,000 square feet of habitable floor area.
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2.The neighborhood is predominantly developed with two-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 Geo Soils, Inc.
dated September 25, 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 9 feet (NAVD 88) during high tide or storm events.
The report analyzes future sea level rise scenarios assuming a 3.2-foot increase in the
maximum water level over the next 75 years (i.e., the life of the structure). Therefore,
the sea level is estimated to reach approximately 10.9 feet NAVD 88 (the likely range
for sea level rise over 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). Geo soils, 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 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 raised bulkhead. Therefore, the project has been
conditioned to raise/cap the bulkhead structure up to 10.9 feet (NAVD 88).
6.The finished floor elevation of the proposed single-family residence is 10.6 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 bulkhead at the single-family residence at 10.9 feet
(NAVD 88) for the anticipated 75-year life of the structure.
7.Under NBMC Section 21.30.030(C)(3)(i)(iv) (Natural Landform and Shoreline Protection –
Development Standards), 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.
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,
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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
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.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% of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required.
A preliminary WQHP has been prepared for the project by Toal Engineering Inc. dated,
July 13, 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.
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 view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The closest designated
Public Viewpoint is located approximately 1,100 feet to the east of the property near the
intersection of Bayside Drive and Harbor Island Drive. Additionally, the proposed residence
is located to the south of Coast Highway and to the west of Bayside Drive, which are both
Coastal View Roads as designated in the Coastal Land Use Plan. Due to the distance of
the proposed development from the Public Viewpoint and Coastal View Roads as well as
the intervening development between, the project will not be visible from the
aforementioned locations and will not result in impacts to coastal views.
14.As a bayfront property, the north elevation of the new development will be visible from
the water. The design complies with all required setbacks which minimizes the
appearance of building bulk, and the design uses architectural treatments which will
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enhance views from the water. Therefore, the project does not have the potential to
degrade the visual quality of the Coastal Zone or result in significant adverse impacts
on 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 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.Lido Isle is a private, 107-lot, single-unit residential community created in the 1960’s and
the existing home on-site was developed in 1973. The community predates the California
Coastal Act and does not provide public access to the bay or shore. A gated bridge
connects the island to the mainland at Bayside Drive. While Bayside Drive is the first public
road paralleling the sea and the project site is located between Bayside Drive and the
Harbor, the project will not affect the public’s ability to gain access to use and/or view the
coast and nearby recreational facilities.
3.Access to Linda Isle is provided via the Aloha Drive bridge that connects the island to
Bayside Drive and is not accessible to the public. The island has a recreational tennis
court, clubhouse, and sandy beach area in the northwestern portion of the island on Linda
Isle for residents of the community. Although not a public access way, the project does not
include any features that would obstruct access along this route.
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.
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2.The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit (PA2023-0195) 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 11TH DAY OF APRIL, 2024.
_____________________________________
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 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 in compliance with the recommendations
provided in the Coastal Hazards Report and Sea Level Rise Analysis prepared by
GeoSoils, Inc. dated September 25, 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.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.
7.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.
8.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.
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9.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.
10. 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.
11.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.
12.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.
13.This Coastal Development Permit does not authorize any development seaward of the
private property.
14.The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds under MBTA:
A.The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B.It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
15
Zoning Administrator Resolution No. ZA2024-###
Page 9 of 10
01-10-2023
15. 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.
16. 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.
17. 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.
18. 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.
19. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
20. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
21. 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.
22. 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.
23. 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.
24. Construction activities shall comply with Section 10.28.040 (Construction Activity –
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of
noise-generating construction activities that produce noise 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.
16
Zoning Administrator Resolution No. ZA2024-###
Page 10 of 10
01-10-2023
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 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 Shahbazi Residence CDP including but not limited to,
Coastal Development Permit (PA2023-0195). 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.
17
Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Coastal Development Permit
PA2023-0195
51 Linda Isle
Subject Property
Subject Property
19
Attachment No. ZA 3
Project Plans
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