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Home My WebLink About02_Bell Residence CDP_PA2024-008003/13/2018 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT November 27, 2024 Agenda Item No. 2 SUBJECT: Bell Residence (PA2024-0080) Coastal Development Permit SITE LOCATION: APPLICANT: OWNER: PLANNER: 2742 Bay Shore Drive Cade Christensen, Dig Landscape Construction Heidi Bell Daniel Kopshever, Assistant Planner 949-644-3235, dkopshever@newportbeachca.gov LAND USE AND ZONING General Plan: RS-D (Single Unit Residential Detached) Zoning District: R-1 (Single-Unit Residential) Coastal Land Use Category: RSD-B (Single Unit Residential Detached – (6.0-9.9 DU/AC) Coastal Zoning District: R-1 (Single-Unit Residential) PROJECT SUMMARY A coastal development permit to raise an existing concrete seawall to a height of 11.42 feet North American Vertical Datum of 1988 (NAVD 88). The existing seawall has an elevation that varies from 9.15 to 9.35 feet (NAVD 88). The applicant proposes to remove existing distressed concrete coping and construct new concrete coping with a concrete stem wall. 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 PA2024-0080 (Attachment No. ZA 1). 1 Bell Residence (PA2024-0080) Zoning Administrator, November 27, 2024 Page 2 DISCUSSION Land Use and Development Standards The subject property is located 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 located in the Coastal Commission Appeal Area. The property currently consists of one legal lot developed with an existing single-unit residence. The property is protected by an existing seawall with a top of wall height ranging from 9.15 to 9.35 (NAVD 88). The neighborhood is predominantly developed with two- and three-story, single- family residences, also protected by seawalls. The applicant proposes to remove and replace distressed concrete coping and construct a concrete stem wall and guardrail above. Construction will be performed from the land side of the property and there will be no bayward encroachment caused by the proposed development. The project complies with all development standards and no deviations from the Newport Beach Municipal Code (NBMC) are requested. The seawall and proposed guardrail are located within the 10-foot front setback area abutting the bay where, pursuant to Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls) of the NBMC, the height of accessory structures is limited to 42-inches as measured from the existing grade. A grade determination for the purpose of measuring the height of accessory structures within the front setback was approved by the Community Development Director, pursuant to PA2016-204. An alternate grade of 10.75 (NAVD 88) was established based on the topography of the subject property and the adjoining properties. The top of guardrail is proposed for a maximum height of 14.25 (NAVD 88), which is consistent with the 42-inch height restriction. Condition of Approval No. 7 restricts the maximum top of the guardrail height to 14.25 (NAVD 88). Hazards A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA Consulting, Inc. dated July 26, 2024. The current maximum bay water elevation is 7.7 feet (NAVD 88) and may exceed the existing top of the bulkhead elevation of 9.15 to 9.35 feet (NAVD 88) during high tide or storm events. The report analyzes future sea level rise scenarios assuming an increase in the maximum water level over the next 75 years (i.e., the life of the structure) of about 3.15 feet. The sea 2 Bell Residence (PA2024-0080) Zoning Administrator, November 27, 2024 Page 3 level is estimated to reach approximately 9.7 to 13.7 feet (NAVD 88) - (the likely range for sea level rise over a 75-year design life of the structure based on low risk and medium/high risk aversion estimated for sea level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update). The proposed raising of the seawall to 11.42 feet (NAVD 88) will prevent flooding into the property. The project includes reinforcing and raising the existing seawall to 11.42 feet (NAVD 88) with a design adaptability elevation of 14.4 feet (NAVD 88). Once the existing bulkhead is raised to 11.42 feet (NAVD 88), per the recommendations of the report, flooding, wave runup, and erosion will not significantly impact this property over the proposed 75-year economic life of the existing structure.  The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of 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 prior to building permit issuance. Public Access and Views 1. 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 nearest coastal view road is West Coast Highway, which is located approximately 800 feet from the subject property. The nearest public viewpoint is approximately 1,500 feet away, Castaways Park. The project site may be located within the viewshed of distant public viewing areas; however, the project complies with all applicable Title 21 (Local Coastal Program Implementation Program) development standards and is consistent with the existing pattern of development as each waterfront property in this area is protected by a bulkhead of similar height and the project does not contain any unique features. 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. 2. 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 raises an existing seawall within the front setback area abutting the bay. 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. 3 Bell Residence (PA2024-0080) Zoning Administrator, November 27, 2024 Page 4 3. The Property does not currently provide, nor does it inhibit public coastal access. Vertical and lateral access to the bay front is available adjacent to the Bay Shores Community at the Balboa Bay Club, which is immediately west of the Bay Shores Community. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 3 exemption includes the construction of limited numbers of new, small structures, including accessory structures. The proposed project consists of the construction of a raised concrete seawall. PUBLIC NOTICE Notice of this public hearing was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: This action shall become final and effective 14 days following the date the Resolution is adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 (Local Coastal 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 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: JP/djk 4 Bell Residence (PA2024-0080) Zoning Administrator, November 27, 2024 Page 5 Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Coastal Hazards Report ZA 4 Seawall Conditions Report ZA 5 Project Plans 5 03/13/2018 Attachment No. ZA 1 Draft Resolution 6 01-10-2023 RESOLUTION NO. ZA2024-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO RAISE AN EXISTING SEAWALL AT 2742 BAY SHORE DRIVE (PA2024-0080) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Cade Christensen of Dig Landscape Construction, concerning property located at 2742 Bay Shore Drive and legally described as Lot 5 of Tract No. 1014, requesting approval of a coastal development permit. 2. The applicant requests a coastal development permit (CDP) to raise the height of an existing concrete seawall to 11.42 feet North American Vertical Datum of 1988 (NAVD 88). The existing seawall has a top of wall elevation that varies from 9.15 to 9.35 feet (NAVD 88). The applicant proposes to remove and replace distressed concrete coping and construct a concrete stem wall above. All improvements authorized by this CDP will be located on private property and are within the permit jurisdiction of the City. The project complies with all development standards and no deviations from the Newport Beach Municipal Code (NBMC) are requested. 3. 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. 4. 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 is located within the Single-Unit Residential (R-1) Coastal Zoning District. 5. A public hearing was held on November 27, 2024, online via Zoom. A notice of the time, place, and purpose of the hearing was given by the 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 construction of accessory structures. The proposed project consists of the replacement of distressed concrete coping, construction of a raised concrete stem wall, and guardrail above. 7 Zoning Administrator Resolution No. ZA2024-### Page 2 of 8 01-10-2023 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 NBMC, the following findings, and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The project site is developed with an existing single unit dwelling that is protected by an existing bulkhead. The top of the bulkhead varies in elevation from 9.15 feet (NAVD 88) to 9.35 feet (NAVD 88). A Bulkhead Conditions Report was prepared by PMA Consulting, Inc. on July 26, 2024. The report found that the bulkhead was generally in good condition with some minor cracks on the panels. The report concludes that once the seawall is raised and repaired in accordance with the recommendations, no additional repair or replacement of the bulkhead is anticipated within the next 75 years. 2. The Project will repair and replace distressed portions of the seawall, raise the height of the seawall to 11.42 feet (NAVD 88), and install a guardrail without any development encroaching seaward. Condition of Approval No. 2 requires the bulkhead remain at a minimum elevation of 11.42 feet (NAVD 88) with a design adaptability elevation of 14.4 feet (NAVD 88). This height is consistent with the Waterfront Project Design Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities adopted by the City Council on March 23, 2021, which requires that any bulkhead structure permitted within the years 2021 through 2025 have a minimum bulkhead elevation of 10.9 feet (NAVD 88) with a design for adaptability elevation of 14.4 feet (NAVD 88). 3. The seawall and proposed guardrail are located within the 10-foot front setback area abutting the bay where pursuant to Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls) of the NBMC, the height of accessory structures is limited to 42-inches as measured from the existing grade. 4. A grade determination for the purpose of measuring the height of accessory structures within the front setback was approved by the Community Development Director, pursuant to PA2016-204. An alternate grade of 10.75 (NAVD 88) was established based on the topography of the subject property and the adjoining properties. The top of guardrail is proposed for a maximum height of 14.25 (NAVD 88), which is consistent with the 42-inch 8 Zoning Administrator Resolution No. ZA2024-### Page 3 of 8 01-10-2023 height restriction. Condition of Approval No. 7 restricts the maximum top of the guardrail to 14.25 (NAVD 88). 5. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA Consulting, Inc. dated July 26, 2024. The current maximum bay water elevation is 7.7 feet (NAVD 88) and may exceed the existing top of the bulkhead elevation of 9.15 to 9.35 feet (NAVD 88) during high tide or storm events. The report analyzes future sea level rise scenarios assuming an increase in the maximum water level over the next 75 years (i.e., the life of the structure) of about 3.15 feet. The sea level is estimated to reach approximately 9.7 to 13.7 feet (NAVD88) - (the likely range for sea level rise over a 75-year design life of the structure based on low risk and medium/high risk aversion estimated for sea level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update). The proposed raising of the seawall to 11.42 feet (NAVD 88) will prevent flooding into the property. The project includes reinforcing and raising the existing seawall to 11.42 feet (NAVD 88) with a design adaptability elevation of 14.4 feet (NAVD88). Once the existing bulkhead is raised to 11.42 feet (NAVD 88), per the recommendations of the report, flooding, wave runup, and erosion will not significantly impact this property over the proposed 75-year economic life of the existing structure. 6. The neighborhood is predominantly developed with two- and three-story, single-family residences with protective shoreline devices, which are commonly referred to as bulkheads. The proposed raised bulkhead is consistent with the existing neighborhood pattern of development. 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. If required during plan check, 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. 8. As the property is adjacent to coastal waters, a Construction Pollution Prevention Plan (CPPP) 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 by 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. 9. 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 nearest coastal view road is West Coast Highway, which is located approximately 800 feet from the subject property. The nearest public viewpoint is approximately 1,500 feet away, Castaways Park. The project site may be located within the viewshed of distant public viewing areas; however, the project complies with all applicable Title 21 (Local Coastal Program Implementation Program) development 9 Zoning Administrator Resolution No. ZA2024-### Page 4 of 8 01-10-2023 standards and is consistent with the existing pattern of development as each waterfront property in this area is protected by a bulkhead of similar height and the project does not contain any unique features. 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. 10. 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 Condition of Approval No. 6 and states that the agreement will need to be recorded prior to the issuance of building permits. 11. The Project will be visible from the harbor. However, the project complies with all development standards and no deviations from the Newport Beach Municipal Code (NBMC) are requested. Raising the proposed seawall and including a guardrail is consistent with the existing pattern of development as each nearby waterfront property is also protected by a seawall of similar design and many of the neighboring properties include guardrails. Therefore, the project will not result in 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. Fact in Support of Finding: 1. The Property is located between the nearest public road and the sea or shoreline, in the private Community of Bay Shores. Developed in 1941, Bay Shores is a 258-lot, single-family gated community located on the Lido Channel, southwest of Coast Highway and Newport Bay Bridge. The 39-unit Anchorage Apartment complex is also located within the community. The community is not accessible to the public. 2. Coastal Land Use Plan Policy 3.1.5-3 requires public access consistent with public access policies for any new development in private/gated communities causing or contributing to adverse public access impacts. 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 raises an existing seawall. 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. 3. The Property does not currently provide, nor does it inhibit public coastal access. Vertical and lateral access to the bay front is available adjacent to the Bay Shores Community, at the Balboa Bay Club, which is immediately west of the Bay Shores Community. SECTION 4. DECISION. 10 Zoning Administrator Resolution No. ZA2024-### Page 5 of 8 01-10-2023 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. The exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Coastal Development Permit filed as PA2024-0080, 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 27TH DAY OF NOVEMBER 2024. _____________________________________ Benjamin M. Zdeba, AICP, Zoning Administrator 11 Zoning Administrator Resolution No. ZA2024-### Page 6 of 8 01-10-2023 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan and elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The existing seawall shall be reinforced and capped to a height of 11.42 feet (NAVD 88), with the capacity to be raised up to 14.4 feet (NAVD 88) in accordance with the recommendations provided in the report prepared by PMA Consulting, Inc. on July 26, 2024, and as identified in the approved plans. 3. The alterations to the seawall shall allow for a future increase in height without further seaward encroachment. 4. All work shall be performed from the land side of the property. 5. Prior to issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 6. Prior to a 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. 7. The guardrail shall be limited in height to a maximum of 14.25 (NAVD 88). 8. The planter abutting the guardrail shall be a minimum of three feet wide. 9. If it is determined during construction that either: more than 20% of the bulkhead panels need replacement, mechanized equipment is required beyond the face of the bulkhead, or if repairs are required below the waterline, a CDP from the California Coastal Commission shall be required. 10. 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. 11. 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 12 Zoning Administrator Resolution No. ZA2024-### Page 7 of 8 01-10-2023 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. Revisions to the approved plans require subsequent review by the Planning Division and may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 17. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 18. 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. 19. 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 13 Zoning Administrator Resolution No. ZA2024-### Page 8 of 8 01-10-2023 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. 20. Prior to 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. 21. Prior to 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. 22. Prior to issuance of building permits, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 23. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the NBMC, 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. 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 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 NBMC, unless an extension is otherwise granted. 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 Bell Residence including but not limited to, Coastal Development Permit (PA2024-0080). 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. 14 03/13/2018 Attachment No. ZA 2 Vicinity Map 15 03/13/2018 VICINITY MAP Coastal Development Permit PA2024-0080 2742 Bay Shore Drive Subject Property 16 03/13/2018 Attachment No. ZA 3 Coastal Hazards Report 17 P M A C O N S U L T I N G , I N C . CON SULTI NG STRUCTURAL ENGIN EER S 28161 Casitas Ct. PH. (714) 717-7542 Laguna Niguel, CA 92677 e-mail: consulting@pma-bg.com July 26, 2024 Eric Fenmore Garden Studio Design 2732 East Coast HWY. Suite A Corona Del Mar, CA 92625 COASTAL HAZARDS ANALYSIS REPORT Fritz Hielscher & Heidi Bell; Applicant 2742 Bayshore Drive City of Newport Beach, County of Orange PMA Job #55924 Dear Mr. Fenmore, PMA Consulting, Inc. is pleased to provide this report regarding Coastal Hazards Analysis for the proposed development at the subject site. The site is adjacent to Newport Bay; thus, it may be subject to Coastal Hazards such as, flooding, wave runup, and erosion. This study investigates the potential for the aforementioned hazards to impact the proposed development on the site over the next 75 years and addresses compliance with Coastal Hazards Analysis Report requirements and standards of NBMC Section 21.30.15.E.2. STATEMENT OF THE PREPARER’S QUALIFICATIONS Plamen Petrov, P.E., the preparer of the Coastal Hazards Analysis Report on this project, holds a Master of Science in Structural Engineering from University of Architecture, Structural Engineering & Geodesy of Sofia, Bulgaria, and is a Licensed Civil Engineer by the State of California Certificate No. C66947. For the last 24 years of his professional career, he has been actively involved in the design and entitlement of many Waterfront Developments such as custom homes, seawalls, piers, platforms, floating docks and marinas. A great number of Coastal Hazards Analysis Reports prepared by him have been reviewed and accepted/approved by California Coastal Commission. All the above being said, Plamen Petrov, P.E. shall be considered a qualified preparer for the Coastal Hazards Analysis Report on this project. Requirements in Appendix A for Step 1: Establish the project sea level rise range for the proposed project’s planning horizon (life of project) using the current best available science. The State of California Sea-Level Rise Guidance 2018 update developed by the Ocean Protection Council in close coordination with Policy Advisory Committee with representation from California Natural Resources Agency, the Governor’s Office of Planning and Research, and the California Energy Commission provides a bold, science-based methodology for state and local governments to analyze and assess the risks associated with sea-level rise, and to incorporate Sea-Level Rise into their planning, permitting, and investment decisions, and it is considered the current best available science. 1 18 As reflected in the clouded area of the enclosed Table 28, based upon direct interpolation of the data for High emissions 2090 & 2100 and Low Risk Aversion, over the project’s planning horizon of 75 years, the estimated Sea-Level Rise (SLR) for year 2099 shall be approximately 3.15’, which is the Sea- Level Rise for the proposed project. Based on the highest high tide of +7.88’MLLW (7.70’NAVD88) recorded in the project area, the above established Sea-Level Rise will account for bay water level of +10.85’NAVD88. As of March 23, 2021, City Council of City of Newport Beach has adopted new standards establishing a minimum top of bulkhead/seawall elevation based on 5-year increments, reflected in Table 2 below from City of Newport Beach Waterfront Projects Guidelines and Standards Harbor Design Criteria for Commercial and Residential Facilities 2021 Edition. The bulkhead is to be raised to +11.42’NAVD88, with a design for adaptability elevation of +14.40’NAVD88 in compliance with the City of Newport Beach waterfront Project Design Guidelines and Standards, Harbor Design Criteria Commercial & Residential. Requirements in Appendix A for Step 2: Determine how physical impacts from sea level rise may constrain the project site, including erosion, structural and geologic stability, flooding, and inundation. According to the enclosed Site Plan SW-1, 1st floor slab of the existing development is at +12.23’ NAVD88=+12.43’MLLW which is in compliance with the Base Flood Elevation established for the area. Based on the SLR established in Step 1 above, 1st floor of the proposed structure will remain above High Tide Sea level until after year of 2099, based on Low Risk Aversion. As we well know, majority of the public streets in Newport Bay area are currently at much lower elevations than the subject site and they will flood due to SLR way before the development on this site becomes subject to flooding. 2 19 FLOODING HAZARD The primary hazard due to flooding from the ocean waters for this site, like majority of the sites located adjacent to Newport Bay, would be due to long term Sea-Level Rise. The current water levels in Newport Bay are reflected on the enclosed Datums for Newport Bay Entrance. While Sea-Levels have been Rising for decades, higher rates of raise are forecast for the coming century because of climate change – see enclosed table 28. Increases can be attributed to warmer temperatures, which cause water to expand, as well more liquid mass caused by melting of ice caps. Current estimates of future SLR generally fall in the range of 5.4-6.7 ft for the year 2100. Global warming may impact flooding in other ways as well. Warmer water could intensify North Pacific storms, bringing greater wind and wave energy to shoreline in winter and higher intensity precipitation. The Newport Beach Peninsula portion of the Pacific Institute California Flood Risk Map is shown herein as OE S Quadrangle. The dark blue colored areas show the areas where a 100-year Sea- Level Rise of 55 inches is added to the existing FEMA coastal flood elevation shown in light blue. Obviously, the entire Newport Bay area will be affected if sea level rises 55 inches by the year 2100. If the sea level rises in the next several decades as currently estimated, regional measures to mitigate the potential flooding hazard shall be taken. As determined in Step 2 above, 1st floor elevation of the proposed structure will remain above High Tide Sea level until after year of 2099. In the event that SLR prediction of 6.70’ (Medium High-Risk Aversion) for year of 2100 holds true, the existing seawall has can accommodate raise to top of wall elevation of +14.40’NAVD88, as reflected on the enclosed SW-0 thru SW-2. WAVE RUNUP AND TSUNAMI Wave runup is the uprush of water from wave action on a shore barrier intercepting Stillwater level. On steeply sloped shorelines, the rush of water up the surface of the natural beach, including dunes and bluffs, or the surface of a manmade structure, such as revetment or vertical wall can result in flood elevations higher than those of the crest of wind-driven waves. See Wave Runup Sketch & ACSE Diagram below. 3 20 Due to its location, this site is not a subject to typical ocean waves and the associated wave runup. Bay generated waves that may arrive at this site are very small wind waves and boat wakes. These types of waves are generally dampened by the moored vessels and dock systems located in front of the site and have no significant energy and runup effect. Tsunami type waves that approach from the ocean shoreline will likely not reach the site for several reasons. There is no significant near field source of a tsunami like the geologic conditions of some other places on Earth such as Japan, for example. A far field tsunami reaching the ocean shoreline will likely not reach the site because of the distance and developments between the shoreline and this site. A near or far field tsunami propagating into Newport Bay proper would likely cause a seiche or standing wave on the order of 1.3 feet traveling within the bay. At the highest anticipated tide in Newport Beach of +7.88’MLLW this shall result in slight overtopping of the bulkhead/seawall. Due to its very infrequent occurrence – 500-year recurrence interval – tsunami should not be considered a significant impact over the life of the proposed structure -75 years. EROSION HAZARD Erosion refers to the wearing or washing away of coastal lands. Beach erosion is a chronic problem along many open ocean shores of the United States. To meet the needs for comprehensive analysis of shoreline movement, the United States Geological Survey has conducted analysis of historical shoreline changes along open ocean sandy shores of the conterminous United States and has produced an Open-File Report 2006-1219 entitled “National Assessment of Shoreline Change Part 3: Historical Shoreline Change and Associated Coastal land Loss Along Sandy Shorelines of the California Coast”. The report looks at survey data of the following periods: 1800s, 1920s-1930s, and 1950s-1970s, whereas the lidar shoreline is from 1998-2002. The report looks at both long-term and short-term changes. According to the report, the average rate of long-term shoreline changes for the State of California was 0.2±0.1 m/yr., and accretional trend. The average rate of short-term shoreline change for the state was erosional; with an average rate of -0.2±0.4 m/yr. The beach footprint of this site is stabilized and not subject to significant long-term erosion. Review and analysis of historical aerial photographs and field measurements for seawall repairs in the area show no change in the position of the shoreline over the last several decades. The future shoreline changes over the next 75 years are assumed to be the same as in the previous several decades. However, there is a rapid rate of SLR predicted in the next 75 years. If that prediction holds true, the rapid SLR may accelerate shoreline erosion, but it shall not impact the structure on the subject lot over its economic life. CONCLUSION In conclusion, flooding, wave runup and erosion will not significantly impact this property over the anticipated life of the existing development on the lot. The existing seawall/bulkhead is required to protect the existing structures on the lot, the adjacent properties, public facilities and infrastructure; thus, it can’t be removed. Removal of the seawall/bulkhead will result in erosion and undermining the foundations of the structures and site walls at the subject site and both adjacent sites. Once the existing seawall/bulkhead is raised in compliance with the enclosed drawings SW-0 thru SW-2, need for a new shoreline protective device shall not be anticipated over the economic life of the proposed development to protect it from flooding, wave runup or erosion. If found not adequate for the actual sea level rise over the next 75 years, the existing seawall/bulkhead assembly allows to be increased in height to+14.40’NAVD88, without further seaward encroachment. If during this period the seawall/bulkhead displays any sign of distress that requires immediate attention, due to some unforeseen catastrophic or disastrous events, it should be repaired or replaced at that time accordingly, without seaward encroachment from its current location. 4 21 The above conclusion was prepared based on the existing conditions, proposed drawings, current projection of future Sea-Level Rise, and within the inherent limitations of this study, in accordance with generally acceptable engineering principles and practices. We make no further warranty, either expressed or implied. PMA Consulting, Inc. appreciates the opportunity to work with you towards the successful completion of your project. Should you have any questions regarding this report, please contact us. Respectfully submitted, Plamen Petrov, P.E. Principal Enclosures: Location Map Aerial View Table 28: Projected Sea-Level Rise (in feet) for Los Angeles 2099 Low Risk Aversion Table 28: Projected Sea-Level Rise (in feet) for Los Angeles 2100 Low & Medium-High Risk Aversion Datums for Newport Bay Entrance Newport Beach OE S Quadrangle Seawall Drawings SW-0 thru SW-2 5 22 PMA Consulting, Inc. Consulting Structural Engineers 28161 Casitas Ct., Laguna Niguel, CA 92677 Phone: (714) 717-7542 E-Mail: P.Petrov@PMA-BG.com 6 23 PMA Consulting, Inc. Consulting Structural Engineers 28161 Casitas Ct., Laguna Niguel, CA 92677 Phone: (714) 717-7542 E-Mail: P.Petrov@PMA-BG.com 7 24 Probabilistic Projections (in feet) (based on Kopp et al. 2014) H++ scenario (Sweet et al. 2017) *Single scenario MEDIAN LIKELY RANGE 1-IN-20 CHANCE 1-IN-200 CHANCE 50% probability sea-level rise meets or exceeds… 66% probability sea-level rise is between… 5% probability sea-level rise meets or exceeds… 0.5% probability sea-level rise meets or exceeds… Low Risk Aversion Medium - High Risk Aversion Extreme Risk Aversion High emissions 2030 0.3 0.2 - 0.5 0.6 0.7 1.0 2040 0.5 0.4 - 0.7 0.9 1.2 1.7 2050 0.7 0.5 - 1.0 1.2 1.8 2.6 Low emissions 2060 0.8 0.5 - 1.1 1.4 2.2 High emissions 2060 1.0 0.7 - 1.3 1.7 2.5 3.7 Low emissions 2070 0.9 0.6 - 1.3 1.8 2.9 High emissions 2070 1.2 0.8 - 1.7 2.2 3.3 5.0 Low emissions 2080 1.0 0.6 - 1.6 2.1 3.6 High emissions 2080 1.5 1.0 - 2.2 2.8 4.3 6.4 Low emissions 2090 1.2 0.7 - 1.8 2.5 4.5 High emissions 2090 1.8 1.2 - 2.7 3.4 5.3 8.0 Low emissions 2100 1.3 0.7 - 2.1 3.0 5.4 High emissions 2100 2.2 1.3 - 3.2 4.1 6.7 9.9 Low emissions 2110* 1.4 0.9 - 2.2 3.1 6.0 High emissions 2110* 2.3 1.6 - 3.3 4.3 7.1 11.5 Low emissions 2120 1.5 0.9 - 2.5 3.6 7.1 High emissions 2120 2.7 1.8 - 3.8 5.0 8.3 13.8 Low emissions 2130 1.7 0.9 - 2.8 4.0 8.1 High emissions 2130 3.0 2.0 - 4.3 5.7 9.7 16.1 Low emissions 2140 1.8 0.9 - 3.0 4.5 9.2 High emissions 2140 3.3 2.2 - 4.9 6.5 11.1 18.7 Low emissions 2150 1.9 0.9 - 3.3 5.1 10.6 High emissions 2150 3.7 2.4 - 5.4 7.3 12.7 21.5 STATE OF CALIFORNIA SEA-LEVEL RISE GUIDANCE APPENDIX 3: SEA-LEVEL RISE PROJECTIONS FOR ALL 12 TIDE GAUGES | 72 TABLE 28: Projected Sea-Level Rise (in feet) for Los Angeles Probabilistic projections for the height of sea-level rise shown below, along with the H++ scenario (depicted in blue in the far right column), as seen in the Rising Seas Report. The H++ projection is a single scenario and does not have an associated likelihood of occurrence as do the probabilistic projections. Probabilistic projections are with respect to a baseline of the year 2000, or more specifically the average relative sea level over 1991 - 2009. High emissions represents RCP 8.5; low emissions represents RCP 2.6. Recommended projections for use in low, medium-high and extreme risk aversion decisions are outlined in blue boxes below. *Most of the available climate model experiments do not extend beyond 2100. The resulting reduction in model availability causes a small dip in projections between 2100 and 2110, as well as a shift in uncertainty estimates (see Kopp et al. 2014). Use of 2110 projections should be done with caution and with acknowledgement of increased uncertainty around these projections. 8 25 Probabilistic Projections (in feet) (based on Kopp et al. 2014) H++ scenario (Sweet et al. 2017) *Single scenario MEDIAN LIKELY RANGE 1-IN-20 CHANCE 1-IN-200 CHANCE 50% probability sea-level rise meets or exceeds… 66% probability sea-level rise is between… 5% probability sea-level rise meets or exceeds… 0.5% probability sea-level rise meets or exceeds… Low Risk Aversion Medium - High Risk Aversion Extreme Risk Aversion High emissions 2030 0.3 0.2 - 0.5 0.6 0.7 1.0 2040 0.5 0.4 - 0.7 0.9 1.2 1.7 2050 0.7 0.5 - 1.0 1.2 1.8 2.6 Low emissions 2060 0.8 0.5 - 1.1 1.4 2.2 High emissions 2060 1.0 0.7 - 1.3 1.7 2.5 3.7 Low emissions 2070 0.9 0.6 - 1.3 1.8 2.9 High emissions 2070 1.2 0.8 - 1.7 2.2 3.3 5.0 Low emissions 2080 1.0 0.6 - 1.6 2.1 3.6 High emissions 2080 1.5 1.0 - 2.2 2.8 4.3 6.4 Low emissions 2090 1.2 0.7 - 1.8 2.5 4.5 High emissions 2090 1.8 1.2 - 2.7 3.4 5.3 8.0 Low emissions 2100 1.3 0.7 - 2.1 3.0 5.4 High emissions 2100 2.2 1.3 - 3.2 4.1 6.7 9.9 Low emissions 2110* 1.4 0.9 - 2.2 3.1 6.0 High emissions 2110* 2.3 1.6 - 3.3 4.3 7.1 11.5 Low emissions 2120 1.5 0.9 - 2.5 3.6 7.1 High emissions 2120 2.7 1.8 - 3.8 5.0 8.3 13.8 Low emissions 2130 1.7 0.9 - 2.8 4.0 8.1 High emissions 2130 3.0 2.0 - 4.3 5.7 9.7 16.1 Low emissions 2140 1.8 0.9 - 3.0 4.5 9.2 High emissions 2140 3.3 2.2 - 4.9 6.5 11.1 18.7 Low emissions 2150 1.9 0.9 - 3.3 5.1 10.6 High emissions 2150 3.7 2.4 - 5.4 7.3 12.7 21.5 STATE OF CALIFORNIA SEA-LEVEL RISE GUIDANCE APPENDIX 3: SEA-LEVEL RISE PROJECTIONS FOR ALL 12 TIDE GAUGES | 72 TABLE 28: Projected Sea-Level Rise (in feet) for Los Angeles Probabilistic projections for the height of sea-level rise shown below, along with the H++ scenario (depicted in blue in the far right column), as seen in the Rising Seas Report. The H++ projection is a single scenario and does not have an associated likelihood of occurrence as do the probabilistic projections. Probabilistic projections are with respect to a baseline of the year 2000, or more specifically the average relative sea level over 1991 - 2009. High emissions represents RCP 8.5; low emissions represents RCP 2.6. Recommended projections for use in low, medium-high and extreme risk aversion decisions are outlined in blue boxes below. *Most of the available climate model experiments do not extend beyond 2100. The resulting reduction in model availability causes a small dip in projections between 2100 and 2110, as well as a shift in uncertainty estimates (see Kopp et al. 2014). Use of 2110 projections should be done with caution and with acknowledgement of increased uncertainty around these projections. 9 26 10 27 11 28 Newport BeachNewport Beach Costa MesaCosta MesaCosta MesaCosta MesaHuntington BeachHuntington Beach ¬«1 ¬«55 ¬«1 ¬«55 117°52’30"W 117°52’30"W 117°55’0"W 117°55’0"W 117°57’30"W 117°57’30"W 118°0’0"W 118°0’0"W 33°37’30"N 33°37’30"N 33°35’0"N 33°35’0"N 33°32’30"N 33°32’30"N 33°30’0"N 33°30’0"N 407000mE 407000mE 08 08 09 09 410 410 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 419000mE 419000mE 3707 000 m N 3707 000 m N 08 08 09 09 3710 3710 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 3720 3720 3721 000 m N 3721 000 m N This information is being made available for informational purposes only. Users of this informationagree by their use to hold blameless the State of California, and its respective officers, employees, agents, contractors, and subcontractors for any liability associated with its use in any form. This work shall not be used to assess actual coastal hazards, insurance requirements, or property values and specifically shall not be used in lieu of Flood Insurance Studies and Flood Insurance Rate Maps issued by the Federal Emergency Management Agency (FEMA). Data Sources: US Geological Survey, Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), Coastal ServicesCenter (CSC), Scripps Institution of Oceanography, Phillip WIlliams and Associates, Inc. (PWA), US Department of Agriculture (USDA), California Coastal Commission, and National Aeronautics and Space Administration (NASA). Imagery from ESRI and i-cubed. Created by the Pacific Institute, Oakland, California, 2009. California Flood Risk: Sea Level Rise 00.511.520.25 Miles 01230.5 Kilometers 1: 2: 3: 4: 5: 6: 7: 8: Seal Beach Newport Beach Tustin not printed Laguna Beach not printed not printed not printed867 1 2 3 54 §¨¦ £¤ ") ¬« Interstate US Highway State Highway County Highway Grid coordinates: UTM Zone 11N meters Adjoining Quadrangles: Map extents match USGS 7.5 minute topographic maps Project funded by the California Energy Commission’s Public Interest Energy Research Program, CalTrans,and the California Ocean Protection Council Newport Beach OE S Quadrangle NAD83 GCS degrees Coastal Zone Boundary Current Coastal Base Flood (approximate 100-year flood extent) Sea Level Rise Scenario Coastal Base Flood + 1.4 meters (55 inches) Landward Limit of Erosion High Hazard Zone in 2100 12 29 13 30 14 31 15 32 03/13/2018 Attachment No. ZA 4 Seawall Conditions Report 33 P M A C O N S U L T I N G , I N C . CONSULTING STRUCTURAL ENGINEERS 28161 Casitas Ct. PH. (714) 717-7542 Laguna Niguel, CA 92677 e-mail: consulting@pma-bg.com July 26, 2024 Eric Fenmore Garden Studio Design 2732 East Coast HWY. Suite A Corona Del Mar, CA 92625 BULKHEAD CONDITIONS REPORT Fritz Hielscher & Heidi Bell; Applicant 2742 Bayshore Drive City of Newport Beach, County of Orange PMA Job #55924 Dear Mr. Fenmore, PMA Consulting, Inc. is pleased to provide this report in accordance with Section 21.30.15.E.3 of City of Newport Beach Municipal Code. STATEMENT OF THE PREPARER’S QUALIFICATIONS Plamen Petrov, P.E., the preparer of this report, holds a Master of Science in Structural Engineering from University of Architecture, Structural Engineering & Geodesy of Sofia, Bulgaria, and is a Licensed Civil Engineer by the State of California Certificate No. C66947. For the last 24 years of his professional career, he has been actively involved in the design and entitlement of many Waterfront Developments such as custom homes, seawalls, piers, platforms, floating docks and marinas. A great number of Bulkhead Condition Reports prepared by him have been reviewed and accepted/approved by California Coastal Commission. All the above being said, Plamen Petrov, P.E. shall be considered a qualified preparer for the Bulkhead Conditions Report on this project. OBSERVATION Cursory observation of the existing seawall/bulkhead was conducted by a representative of our office on March 27, 2024. Observed was the visible/exposed portion of the waterfront face of the seawall. Due to the site conditions, tie-backs were not accessible, thus not observed. FINDINGS The pre-cast jetted-in concrete panels and cast-in-place concrete coping of the seawall were found in generally good condition, without noticeable evidence of distress. Some minor cracks on the panels were observed, which is a typical condition for many of the seawalls of this vintage in the area. 1 34 CONCLUSION Based on our site observation, we conclude that the existing seawall is required to protect the existing structures on the lot, the adjacent properties, public facilities and infrastructure. To be able to do so, the seawall shall be raised as reflected on the enclosed Drawings SW-0 thru SW-2. Once the seawall is raised in accordance with the enclosed drawings, no repair or replacement of the seawall shall be anticipated for an extensive period of time. If during this period though, the seawall displays any sign of distress that requires immediate attention, it should be repaired or replaced at that time accordingly, without seaward encroachment from its current location. The above conclusion was prepared based on the existing conditions, proposed drawings, and within the inherent limitations of this study, in accordance with generally acceptable engineering principles and practices. We make no further warranty, either expressed or implied. PMA Consulting, Inc. appreciates the opportunity to work with you towards the successful completion of your project. Should you have any questions regarding this report, please give us a call. Respectfully submitted, Plamen Petrov, P.E. Principal Enclosures: Seawall Drawings SW-0 thru SW-2 2 35 3 36 4 37 5 38 03/13/2018 Attachment No. ZA 5 Project Plans 39 5$ , 6 , 1 * 7 + ( ( ; , 6 7 , 1 * 6 ( $ : $ / / /2 & $ 7 ( ' $ 7 % $ < 6 + 2 5 ( ' 5 , 9 ( 1( : 3 2 5 7 % ( $ & + & $ )5 , 7 = + 2 ( / 6 & + ( 5 + ( , ' , % ( / / 3+ % $ < 6 + 2 5 ( ' 5 , 9 ( 1( : 3 2 5 7 % ( $ & + & $ 6: 40 NOTE : A 5$ , 6 , 1 * 7 + ( ( ; , 6 7 , 1 * 6 ( $ : $ / / /2 & $ 7 ( ' $ 7 % $ < 6 + 2 5 ( ' 5 , 9 ( 1( : 3 2 5 7 % ( $ & + & $ )5 , 7 = + 2 ( / 6 & + ( 5 + ( , ' , % ( / / 3+ % $ < 6 + 2 5 ( ' 5 , 9 ( 1( : 3 2 5 7 % ( $ & + & $ 6: $ 41 A 5$ , 6 , 1 * 7 + ( ( ; , 6 7 , 1 * 6 ( $ : $ / / /2 & $ 7 ( ' $ 7 % $ < 6 + 2 5 ( ' 5 , 9 ( 1( : 3 2 5 7 % ( $ & + & $ )5 , 7 = + 2 ( / 6 & + ( 5 + ( , ' , % ( / / 3+ % $ < 6 + 2 5 ( ' 5 , 9 ( 1( : 3 2 5 7 % ( $ & + & $ 6: $ 42 November 27, 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. Bell Residence Coastal Development Permit (PA2024-0080) Handwritten page 10, Fact 3.B.1: I am not sure of its effective date, but as a result of this year’s adoption of California Assembly Concurrent Resolution No. 93, the “Newport Bay Bridge” referenced in this fact is (or will be) known as the “Marian Bergeson Memorial Bridge.” Handwritten page 12, Condition of Approval No. 7 (guardrail height): Although not mentioned in the report or resolution, I am sure the Coastal Commission would be pleased to see that according to the project plans, the proposed guardrail will be constructed of bird protective glass. But will the guardrail’s limitation in height to a maximum of 14.25 (NAVD 88) remain in effect if the top of the bulkhead is raised above the presently proposed 11.42 feet? In other words, will the guardrail disappear completely if the bulkhead is raised above 14.25 feet? Zoning Administrator - November 27, 2024 Item No. 2a - Additional Materials Received Bell Residence Coastal Development Permit (PA2024-0080)