HomeMy WebLinkAbout02_ARDR Realty, LLC Residence CDP_PA2024-0085CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 12, 2024
Agenda Item No. 2
SUBJECT: ARDR Realty, LLC Residence (PA2024-0085)
▪Coastal Development Permit
SITE LOCATION: 1105 North Bay Front
APPLICANT: Ian Harrison, Architect
OWNER: ARDR Realty, LLC
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-BI (Two-Unit Residential, Balboa Island)
•Coastal Land Use Plan Category: RT-E (Two Unit Residential – 30.0-39.9 DU/AC)
•Coastal Zoning District: R-BI (Two-Unit Residential, Balboa Island)
PROJECT SUMMARY
The applicant requests a coastal development permit (CDP) to allow the demolition of an
existing single-unit dwelling and the construction of a new three-story, 2,792-square-foot,
single-unit dwelling including an attached 403-square-foot-two-car garage. The project
complies with all applicable development standards and no deviations are requested. The
project includes hardscape, walls, landscaping, and drainage facilities.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 – Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division
6, Chapter 3, because it has no potential to have a significant effect on the environment;
and
3)Adopt Draft Zoning Administrator Resolution No. _ approving a Coastal Development
Permit filed as PA2024-0085 (Attachment No. ZA 1).
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Land Use and Development Standards
•The subject property is in the R-BI 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
residence. The neighborhood is predominantly developed with two- and three-
story, single-unit and two-unit residences. 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-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 and illustrated in Table 1 below.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front 8 feet 8 feet
Sides 3 feet 3 feet
Rear 5 feet 5 feet
Allowable Floor Area (max.) 2,792 square feet 2,792 square feet
Allowable 3rd Floor Area (max.) 345 square feet 206 square feet
Allowable 3rd Floor Area &
Covered (max.)
864 square feet 430 square feet
Open Space (min.) 260 square feet 336 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
Hazards
•The property is a Bay Front lot that is separated from the ocean by a public
boardwalk and City owned concrete bulkhead. The bulkhead which protects the
subject property is part of a larger bulkhead system that surrounds Balboa Island.
There is no modification to the existing bulkhead built to 8.5 feet North American
Vertical Datum of 1988 (NAVD 88).
DISCUSSION
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• A Coastal Hazards Report and Sea Level Rise Analysis were prepared by PMA
Consulting, Inc. dated April 9, 2024, for the project. The maximum bay water
elevation is 7.7 feet NAVD 88 (North American Vertical Datum of 1988 (NAVD 88)
and may exceed the current top of bulkhead elevation of 8.6 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 a 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). As
conditioned, a waterproofing curb or other waterproof material is required and
proposed to be constructed around the perimeter of the dwelling that would protect
against flooding up to an elevation of 10.9 feet (NAVD88). Flood shields (sandbags
and other barriers) can be deployed across the openings to protect and prevent
flooding to the structure.
• The finished floor elevation of the proposed single-family residence is 9.0 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 flood protection curb
around the single-family residence at 10.9 feet (NAVD 88) for the anticipated 75-
year life of the structure.
• Most of the streets on Balboa Island are approximately 6.5 feet (NAVD88), and the
flooding of Balboa Island is an existing coastal hazard. The public boardwalk is
continuous and provides public access around the entire island including Little
Balboa Island. A new or higher shoreline protective device is not currently needed to
protect the proposed structure, but it is already necessary to protect the existing
buildings, streets, and boardwalk. The existing bulkhead is owned by the City of
Newport Beach and the adjacent property owner is not able to increase the height of
the bulkhead as part of this CDP. If the City adopts comprehensive sea level rise
adaptation strategies to protect the public streets and public access areas, then the
property owner will also be protected as a result. As a condition of approval, the
property owner will be required to waive their rights to future protection devices.
• 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 the CBC before building permit
issuance.
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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, April 29, 2024. 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 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 RB-I lot with a new single-family residence.
Therefore, the project does not involve a change in land use, density, or intensity that
will result in increased demand for public access and recreation opportunities.
Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so
as not to block or impede existing public access opportunities.
• The project site is not located adjacent to a coastal view road or Coastal Viewpoint
as identified in the Coastal Land Use Plan. The nearest coastal viewpoints and
coastal view roads are approximately 550 feet east on the Marine Avenue bridge;
approximately 730 feet north across the bay on Bayside Drive; and approximately
950 feet north across the bay on end of Harbor Island Drive and Basin Marina. The
project site is adjacent to the public boardwalk surrounding the island. However, the
proposed single-family residence 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 the Bay Front public boardwalk and Newport Bay is available
approximately 60 feet west of the property at the terminus of Apolena Avenue and
the boardwalk; and approximately 90 feet east at the terminus of the Amethyst
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Avenue and the boardwalk. Lateral access is available along the public boardwalk
adjacent to the waterfront around Balboa Island. The project does not include any
features that would obstruct access along these routes.
•The front and side of the proposed residence, which are visible from the public
boardwalk and bay, contains substantial architectural treatment and visual interest,
in keeping with the design guidelines of the Zoning Code. The design includes
modulation of volume throughout the structure, an increased front setback along the
public boardwalk beyond what is required by code, and low walls that prevent the
appearance of the site from being walled off from the boardwalk and bay. Therefore,
the project does not have the potential to degrade the visual quality of the Coastal
Zone or result in significant adverse impacts on existing public views.
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 new construction or conversion of small structures including the
demolition and construction of a single-family home in a residential zone. The proposed
project consists of the demolition of one single-family residence and the construction of a
new 2,792-square-foot single-family residence including an attached 403-square-foot
two-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.
APPEAL PERIOD:
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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 A COASTAL
DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-
UNIT RESIDENCE AND CONSTRUCT A NEW THREE-STORY
SINGLE-UNIT RESIDENCE AND ATTACHED TWO-CAR
GARAGE LOCATED AT 1105 NORTH BAY FRONT (PA2024-
0085)
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 1105 North Bay
Front, requesting approval of a coastal development permit.
2. The property at 1105 North Bay Front is legally described as Lot 18 in Block 17 Balboa
Island Section 3.
3. The applicant requests a coastal development permit (CDP) to allow the demolition of
an existing single-unit dwelling and the construction of a new three-story, 2,792-square-
foot, single-unit residence including an attached 403-square-foot two-car garage. The
project complies with all applicable development standards and no deviations are
requested. The project includes hardscape, walls, landscaping, and drainage facilities.
4. The subject property is designated Two Unit Residential (RT) by the General Plan Land
Use Element and is located within the Two-Unit Residential, Balboa Island (R-BI) Zoning
District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-E (Two Unit Residential – 30.0-39.9 DU/AC) and it is located within the
Two-Unit Residential, Balboa Island (R-BI) Coastal Zone District.
6. A public hearing was held on September 12, 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.
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2. Class 3 exempts the new construction or conversion of small structures including the
demolition and construction of a single-family home in a residential zone. The proposed
project consists of the demolition of one single-family residence and the construction of
a new 2,792-square-foot single-family residence including an attached 403-square-foot
two-car garage and therefore qualifies within this exemption.
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 2,792 square feet and the proposed floor area
is 2,792 square feet.
b. The proposed development provides the minimum required setbacks, which are 8
feet along the front property line abutting public boardwalk, 3 feet along each side
property line, and 5 feet along the rear property line abutting the alley.
c. The highest guardrail is less than 24 feet from the established grade (9.00 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 two vehicles, complying with the
minimum two-car garage parking requirement for single-family residences on
Balboa Island.
2. The neighborhood is predominantly developed with two and three-story, single- and two-
unit residences. The proposed design, bulk, and scale of the development are consistent
with the existing neighborhood pattern of development.
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3. The project site is separated from the Bay by the public boardwalk and City owned
bulkhead that is located outside of the property. A Coastal Hazards Report and Sea
Level Rise Analysis were prepared by PMA Consulting, Inc. dated April 9, 2024, for the
project. The maximum bay water elevation is 7.7 feet NAVD 88 (North American Vertical
Datum of 1988 (NAVD 88) and may exceed the current top of bulkhead elevation of 8.6
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 a 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). As
conditioned, a waterproofing curb or other waterproof material is required and proposed
to be constructed around the perimeter of the dwelling that would protect against
flooding up to an elevation of 10.9 feet (NAVD88). Flood shields (sandbags and other
barriers) can be deployed across the openings to protect and prevent flooding to the
structure.
4. Most of the streets on Balboa Island are approximately 6.5 feet (NAVD88), and the
flooding of Balboa Island is an existing coastal hazard. The public boardwalk is
continuous and provides public access around the entire island including Little Balboa
Island. A new or higher shoreline protective device is not currently needed to protect the
proposed structure, but it is already necessary to protect the existing buildings, streets,
and boardwalk. The existing bulkhead is owned by the City of Newport Beach and the
adjacent property owner is not able to increase the height of the bulkhead as part of this
CDP. If the City adopts the comprehensive sea level rise adaptation strategies to protect
the public streets and public access areas, then the property owner will also be protected
as a result. As a condition of approval, the property owner will be required to waive their
rights to future protection devices.
5. The finished floor elevation of the proposed single-family residence is 9.0 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 flood protection curb around the single-family
residence at 10.9 feet (NAVD 88) for the anticipated 75-year life of the structure.
6. 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
7. 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.
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8. 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 the CBC before building permit issuance.
9. 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.
10. 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 Water Quality and Hydrology Plan (WQHP) is
required. A preliminary WQHP has been prepared for the project by Thomas M. Ruiz
dated, April 29, 2024. 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.
11. 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.
12. The project site is not located adjacent to a coastal view road or Coastal Viewpoint as
identified in the Coastal Land Use Plan. The nearest coastal viewpoints and coastal view
roads are approximately 550 feet east on the Marine Avenue bridge; approximately 730
feet north across the bay on Bayside Drive; and approximately 950 feet north across the
bay on end of Harbor Island Drive and Basin Marina. The project site is adjacent to the
public boardwalk surrounding the island. However, the proposed single-family residence
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.
13. The front and side of the proposed residence, which are visible from the public
boardwalk and bay, contains substantial architectural treatment and visual interest, in
keeping with the design guidelines of the Zoning Code. The design includes modulation
of volume throughout the structure, an increased front setback on the first floor along
the public boardwalk beyond what is required by code, and low walls that prevent the
appearance of the site from being walled off from the boardwalk and bay. Therefore, the
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01-10-2023
project does not have the potential to degrade the visual quality of the Coastal Zone or
result in significant adverse impacts on existing 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.
Fact in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public access bear
a reasonable relationship between the requirement and the project’s impact and be
proportional to the impact. In this case, the project replaces an existing single-family
residence located on a standard R-BI 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. Vertical access to the Bay Front public boardwalk and Newport Bay is available
approximately 60 feet west of the property at the terminus of Apolena Avenue and the
boardwalk; and approximately 90 feet east at the terminus of the Amethyst Avenue and
the boardwalk. Lateral access is available along the public boardwalk adjacent to the
waterfront around Balboa Island. 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 the Coastal
Development Permit, 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
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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 12TH DAY OF SEPTEMBER 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 issuance of building permits, 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. Before the final building permit inspection, an agreement in a form approved by the City
Attorney, 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.
4. 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.
5. 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.
6. This Coastal Development Permit does not authorize any development seaward of the
private property.
7. 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:
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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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
13. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
14. 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.
15. 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.
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Zoning Administrator Resolution No. ZA2024-###
Page 9 of 10
01-10-2023
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. This Coastal Development Permit PA2024-0085 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.
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Zoning Administrator Resolution No. ZA2024-###
Page 10 of 10
01-10-2023
26. 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 ARDR Realty LLC, Residence including but not limited
to, Coastal Development Permit (PA2024-0085). This indemnification shall include, but
not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees,
and other expenses incurred in connection with such claim, action, causes of action, suit,
or proceeding whether incurred by the applicant, City, and/or the parties initiating or
bringing such proceeding. The applicant shall indemnify the City for all the City's costs,
attorneys' fees, and damages, which the City incurs in enforcing the indemnification
provisions outlined in this condition. The applicant shall pay to the City upon demand any
amount owed to the City under the indemnification requirements prescribed in this
condition.
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Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Coastal Development Permit
PA2024-0085
1105 North Bay Front
Subject Property
Subject Property
19
Attachment No. ZA 3
Project Plans
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
September 12, 2024, Zoning Administrator Item 2 Comments
These comments on a Newport Beach Zoning Administrator agenda item are submitted by:
Jim Mosher (jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 2. ARDR Realty, LLC Residence Coastal Development Permit
(PA2024-0085)
Handwritten page 10: I found Fact 3.A.4 confusing. I believe it is trying to say the proposed
waterproofing curb will be adequate to protect the new structure enclosed by it, but action to
improve the City-owned bulkhead will be necessary to protect the rest of the lot and access to it.
The final sentence (“As a condition of approval, the property owner will be required to waive
their rights to future protection devices”) seems redundant with Fact 3.A.6.
Handwritten page 10: Regarding Fact 3.A.6, the final “, respectively” (and the absence of a
period) seems unintentional.
Handwritten page 10: The same seems true of the “, respectively” at the end of Fact 3.A.7.
Handwritten page 11: In Fact 3.A.12, I believe that in the reference to the coastal viewpoint
“approximately 950 feet north across the bay on the end of Harbor Island Drive and Basin
Marina,” the intention was to say “and the Balboa Yacht Basin marina.” I believe “Basin Marine”
(not “Marina”) is the current lessee of the City-owned property marked as a viewpoint.
Handwritten page 12: In Section 4.2 of the Decision, it is customary to state the PA number
being approved.
Handwritten page 14: Is the “waterproofing curb or similar design feature” of Condition of
Approval No. 2 already included in the plans (it is hard to tell)? If it is not in the plans, how will it
be handled?
Handwritten page 14: Are the references to the bulkhead in Condition of Approval No. 3
intentional? While it may be proper for the owner to waive rights to additional protective devices
on their own property, the bulkhead referred to elsewhere in the resolution would seem to be a
City-owned structure outside the control of the property owner.
Handwritten page 14: Condition of Approval No. 6 says “This Coastal Development Permit
does not authorize any development seaward of the private property.” However, the Site Plan
(handwritten page 27) shows a 3-foot encroachment beyond the property line into the public
right-of-way on the boardwalk side, including a 12-inch wall. Is there a demolition plan for the
wall (and the project in general) and does the permit allow the wall to be reconstructed? If so,
why is it not included in the Landscape Plan on handwritten page 39?
Finally, it might be noted that according to Table 1 of the staff report and handwritten page 36 of
the plans, the new structure is proposed to be built out to within a fraction of a square foot of the
maximum allowed (as well as the maximum allowed roof heights). It would seem to require
considerable care both in the estimates and in the construction to ensure this is achieved.
Zoning Administrator - September 12, 2024 Item No. 2a Additional Materials Received ARDR Realty, LLC Residence CDP (PA2024-0085)