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HomeMy WebLinkAboutZA2025-055 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLEUNIT DWELLING AND CONSTRUCT A NEW THREE-STORY, SINGLE-UNIT DWELLING AND ATTACHED GARAGE LOCATED AT 427 HARBOR ISLAND DRIVE (PA2025-0071)05-15-2018 RESOLUTION NO. ZA2025-055 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE- UNIT DWELLING AND CONSTRUCT A NEW THREE-STORY, SINGLE-UNIT DWELLING AND ATTACHED GARAGE LOCATED AT 427 HARBOR ISLAND DRIVE (PA2025-0071) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brandon Architects, with respect to property located at 427 Harbor Island Drive, and legally described as Lot 5 of Tract 3283, requesting approval of a coastal development permit (CDP). 2. A request for a CDP to allow the demolition of an existing single-unit dwelling and construction of a new three-story 6,584-square-foot, single-unit dwelling with an attached 760-square-foot three-car garage. The project includes reinforcement and raising of the existing bulkhead. Additionally, the project includes landscape, hardscape, and drainage facilities. The project complies with all applicable development standards and no deviations are requested. All improvements authorized by this CDP will be located on private property. 3. The subject property is designated RS-D (Single Unit Residential Detached) by the General Plan Land Use Element and is located within the R-1 (Single-Unit Residential) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD-A (Single Unit Residential Detached) (0.0-5.9 DU/AC) and it is located within the R-1 (Single-Unit Residential) Coastal Zoning District. 5. A public hearing was held on September 11, 2025, 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, Article 19 of 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. The Class 3 exemption includes the demolition and construction of limited numbers of new, small structures, including one single-family residence. The project consists of the Zoning Administrator Resolution No. ZA2025-055 Page 2 of 11 05-15-2018 demolition of an existing single-unit dwelling and construction of a new three-story 6,584-square-foot, single-unit dwelling with an attached 760-square-foot 3-car garage. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with 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 (LCP). 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 10,506 square feet and the proposed floor area is 7,344 square feet. b. The proposed development provides the minimum required setbacks, which are 10 feet along the front property line adjacent to Harbor Island Drive, 20 feet along the waterfront, and 4 feet along each side property line. c. The highest guardrail is 24 feet from the established grade and the highest ridge is no more than 29 feet from the established grade, which complies with the maximum height requirements. d. The project includes garage parking for a total of three vehicles, complying with the minimum three-car garage parking requirement for single-unit dwellings with more than 4,000 square feet of habitable floor area. 2. The neighborhood is predominantly developed with two-story, single-unit dwellings with scattered one- and three-story single-unit dwellings. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development. 3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA Consulting, Inc. dated March 4, 2025, for the project. The maximum bay water elevation is 7.7 feet North American Vertical Datum of 1988 (NAVD 88) and may exceed the current top of bulkhead elevation of 9.22 feet NAVD 88 during high tide or storm events. Zoning Administrator Resolution No. ZA2025-055 Page 3 of 11 05-15-2018 The report analyzes future sea level rise scenarios assuming a 3.2-foot increase in the maximum water level over the next 75 years (i.e., the life of the structure). Therefore, the sea level is estimated to reach approximately 10.9 feet NAVD 88 (the likely range for sea level rise over the 75-year design life of the structure based on low-risk aversion estimates for sea level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update). 4. On March 23, 2021, the City Council approved updated Waterfront Project Design Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities. The guidelines require that any structure permitted within the years 2021 through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD 88) with a design for adaptability elevation of 14.4 feet NAVD 88. The project has been conditioned to raise the bulkhead to an elevation of 10.9 feet NAVD 88. PMA Consulting, Inc. has confirmed the bulkhead can be raised up to 14.4 feet NAVD 88 if needed and in compliance with the updated guidelines. 5. Once the existing bulkhead is reinforced and raised per the report’s recommendations, flooding, wave run-up, and erosion will not significantly impact this property over the proposed 75-year economic life of the development. Flood shields (sandbags and other barriers) can be deployed across the openings to protect and prevent flooding to the structure. The finished floor elevation of the proposed single-unit dwelling is 9.35 feet NAVD 88, which complies with the minimum 9.00-foot NAVD 88 elevation standard. The report concludes that the proposed project will be safe from flooding hazards for the next 75 years with the reinforced and raised bulkhead. Therefore, the project has been conditioned to raise the bulkhead up to 10.9 feet NAVD 88. 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). The Waiver of Future Protection is included as a condition of approval that will need to be satisfied before the final building inspection. 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). The Acknowledgement of Coastal Hazards is included as a condition of approval that will need to be satisfied before the issuance of building permits. 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 CBC before building permit issuance. Zoning Administrator Resolution No. ZA2025-055 Page 4 of 11 05-15-2018 9. The property is adjacent to coastal waters. Under Section 21.35.030 (Construction Pollution Prevention Plan) of the Municipal Code, a Construction Pollution Prevention Plan (CPPP) is required to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived from construction chemicals and materials. A CPPP has been provided, and construction plans and activities will be required to adhere to the CPPP. 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% of impervious surface area, a Water Quality and Hydrology Plan (WQHP/WQMP) is required. A WQHP/WQMP has been prepared for the project by Forkert Engineering & Surveying, Inc. dated April 3, 2025. The WQHP/WQMP 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 (Landscaping). 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 that invasive species are not planted. 12. 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 viewpoint is located approximately 250 feet East of the project site along a sidewalk area with view decks and steps, which overlooks Promontory Bay along Bayside Drive. The project is not visible from this public viewpoint due to existing landscaping and residential structures located adjacent to the viewpoint. Similarly, the nearest coastal view road segment is located along Bayside Drive, which is not adjacent to the property. These areas offer localized, limited views of the harbor and several dwellings. Views are oriented to the bay and properties along the southeast side of the street, where the row of residences impedes visibility to the subject property. 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 proposed three-story design is consistent with the existing neighborhood pattern of development containing one-, two-, and some scattered three- story dwellings, and will not affect the existing, limited views afforded from Bayside Drive. The project will replace an existing single-unit dwelling with a new single-dwelling unit that complies with all applicable development standards, including the third-floor setbacks. Notably the project exceeds the minimum required 15- foot third floor setbacks along the bay and street property lines (as measured from the setback lines). The third floor is designed to provide a setback of approximately 34 feet from the front setback line along the street and 28 feet from the front setback line along the bay. In addition, there is a two-foot third floor setback from the side setback line from the north property line and approximately a 36-foot third floor setback from the side setback line to the south property line where the requirement is a 2 -foot third floor setback from Zoning Administrator Resolution No. ZA2025-055 Page 5 of 11 05-15-2018 the side setback line. The project presents the opportunity to enhance views by updating an older structure with a new building with an updated design. All structures within the front setback areas along the bay and street would be limited to 42 inches in height, ensuring that the bay and street does not appear to be walled off. The front of the proposed residence, which is visible from the bay and the rear of the proposed residence which is visible from the street, contain substantial architectural treatment and visual interest, in keeping with the design guidelines of the Zoning Code. The new structure would comply with the required setbacks, including modulation of volume with architectural articulation and on the bay and Harbor Island Drive side. 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. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project replaces an existing single-unit dwelling located on a standard R-1 lot with a new single-unit dwelling. Therefore, the project does not involve a change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. While Bayside Drive is the first public road paralleling the sea and the project site is located between Bayside Drive and the Harbor, the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. The nearest lateral access is located less than 200 feet east of the property near the intersection of Harbor Island Drive and Bayside Drive. Harbor Island Drive does not contain an outlet. Public access points with lateral access are also provided to the south parallel to Beacon Bay, where there is a public beach along the Bay. The project would not impact 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 and the exceptions do not apply. Zoning Administrator Resolution No. ZA2025-055 Page 6 of 11 05-15-2018 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit (PA2025-0071), subject to the conditions outlined in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director by the provisions of Title 21 Local Coastal Program (LCP) Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF SEPTEMBER 2025. Zoning Administrator Resolution No. ZA2025-055 Page 7 of 11 05-15-2018 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Prior to the final building permit inspection, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns. 3. Prior to the issuance of a building permit, the property owner shall submit a notarized signed letter acknowledging all hazards present at the site, assuming the risk of injury or damage from such hazards, unconditionally waiving any claims of damage against the City from such hazards, and to indemnify and hold harmless 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 the development. This letter shall be scanned into the plan set before building permit issuance. 4. 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. 5. This Coastal Development Permit does not authorize any development bayward of the private property. 6. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds under MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction Zoning Administrator Resolution No. ZA2025-055 Page 8 of 11 05-15-2018 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 12. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 13. 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. 14. 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. Zoning Administrator Resolution No. ZA2025-055 Page 9 of 11 05-15-2018 15. Prior to 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. 16. Prior to 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. 17. Prior to 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. 18. Prior to 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. 19. 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. 20. 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. 21. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the Newport Beach Municipal Code. 22. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 23. 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. 24. This Coastal Development Permit (PA2025-0071) 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. 25. 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, Zoning Administrator Resolution No. ZA2025-055 Page 10 of 11 05-15-2018 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 Rodriquez Residence, including but not limited to, Coastal Development Permit (PA2025-0071). 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. Building Division 26. The building site is located in a special flood hazard area (SFHA) AE8, established in FIRM dated March 21, 2019. The top of slab to be set at one foot above the Base Flood Elevation (BFE) of 8.0 feet NAVD88. In no case shall the slab elevation be below 9.0 feet NAVD88, or, as required by Planning Department using North American Vertical Datum 1988 (NAVD88). 27. The project shall conform to the requirement for buildings and structures in SFHA AE8 and have the lowest floor elevated above the BFE plus 1 foot for a design flood elevation (DFE). (R301.2.4 and R301.2.4.1 as amended NBMC 15.05.100. See tables 2-1 & 4.1 ASCE24). 28. The project shall meet all the requirements of the SFHA AE. When the top of garage floor slab is lower than the base flood elevation (BFE), garage walls must be supported over concrete curbs with top of curb one foot above the BFE (NAVD88). See "Lowest floor" regarding restriction on garage slab not allowed below grade. NBMC 15.50.050 Definitions. 29. The project shall meet all the requirements of the SFHA AE. Exterior wood stairs shall be supported over concrete curbs with top of curb one foot above the BFE (NAVD88). All other stairs below BFE (NAVD88) must be concrete except in a VE zone. Public Works Department 30. The Project shall reconstruct the concrete curb, gutter and sidewalk panels along the Harbor Island Drive frontage per City Standards. 31. The Project shall install a new sewer clean out on the existing sewer lateral per City Standard 406. 32. The Project shall install a new ADA compliant driveway per City Standard 163. Zoning Administrator Resolution No. ZA2025-055 Page 11 of 11 05-15-2018 33. The Project shall comply with the City’s sight distance requirement in City Standard 110L. 34. No encroachments are allowed within the limits of the Public Utility Easement and Public Use Easement. Fire Prevention Division 35. A residential fire sprinkler system complying with 2022 NFPA 13D shall be required to be installed.